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HomeMy WebLinkAbout2014-9-25 Open Space Commission Minutes Approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date September 25, 2014 Resources Preservation Fund Commission Location Mo' ikeha Building — Liquor Conference Room No. 3 Start of Meeting: 1 : 10 p.m. End of Meeting: 2 :46 p.m. Present Vice Chair Patrick Gegen; Members: Linda Dela Cruz, Randall Blake, Luke Evslin, Dorothea Hayashi, Ivory McClintock, and Karen Ono Also present: Deputy County Attorney Ian Jung; Planning Department Staff: Nani Sadora; Commission Support Clerk Mercedes Youn. Invited guest: Jennifer Luck, Kauai Island Director Hawaii Public Land Trust Public Testimony: Richard Spacer Excused Chair Joseph Figaroa and Commissioner Theodore Blake Absent I ! s n SUBJECT DISCUSSION ACTION Call To Order Vice Chair Gegen called the meeting to order at 1 : 10 p.m. with 7 Commissioners present to ascertain a quorum. Approval of The agenda was approved as circulated. Agenda Announcements Commissioner Evslin noted that he has to leave the meeting at 3 p.m. Approval of Should list minutes as listed on agenda and then Minutes stat the action if any or that there was no action taken. Just to cover our backside. Receipt of Items There were no receipt of items. for the Record To accommodate Ms. Jennifer Luck' s presentation, Vice Chair Gegen noted that he would take Items G2. And G3 . New Business before Item F1 . Unfinished Business. Deputy County Attorney Jung noted that he would begin his briefing on matters relating to Item F4. to allow Ms. Luck additional time to get her Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 2 SUBJECT DISCUSSION ACTION Powerpoint presentation up and running. Unfinished F4. Update on pedestrian public access involving Falko Partners Business Item subdivision in the Waipake ahupuaa. F.4 Mr. Jung explained that at the last meeting he informed the Commission about the possibility that Falko Partners might revoke the subdivision plans; henceforth, it is now official. He further explained one of the conditions of the subdivision was to provide public beach access to the west end of Lepeuli Beach; however, given the fact that Falko Partners has withdrawn the subdivision in Waipake the conditions no longer apply mainly because Council did not accept the original document. Mr. Jung continued to explain that the Planning Commission approved the eradication of the subdivision, and Council accepted the withdrawal request for an access easement. He stated in terms of what happens next, because Council passed a law in 2010 to cut density bonus in an open district, if the new landowner wanted to subdivide the land in the future the density would be too severe and restricted compared to the current subdivision. He stated what used to be 80 units will now become 20 to 30 units. Furthermore, if the new landowner wanted to subdivide the land to make way for 6 more lots the entire process would have to be repeated, and the landowner would probably be required to provide public beach access. He stated the good and bad thing about the withdrawal is the subdivision no longer exists, but the public has lost its chance of gaining public beach access. But as everyone knows there is still access on the east end of Lepeuli Larsen' s Beach) through the County' s Lot 4 access. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25 , 2014 Page 3 SUBJECT DISCUSSION ACTION Commissioner R. Blake asked if now would be a good time to move ahead to acquire access at the west end. Mr. Jung replied it would have to be through a condemnation proceeding because the entitlement of which the County was able to get the access has been withdrawn, and the chances for the County to do land grab as the basis for the mitigation of the entitlement is no longer in play. Commissioner Evslin asked, out of curiosity, if Council had accepted the proposed easement earlier, and Falko Partners came in and withdrew the subdivision plans, what would have happened then. Mr. Jung explained that Council delayed its decision so that they could continue to listen to the opposing side, which was the reason why the County lost the public beach access. He stated if Council had accepted the proposed easement when it was tendered the grant of easement would have been recorded with the Land Bureau, and the public would have gained beach access despite the withdrawal. He added in real property law you have the offer and the acceptance; the offer was tendered with the government in terms of improvements from the Planning Commission, but under the subdivision code both the Mayor and the County Attorney has to sign off on the document as a form of legality, which in turn Council would accept it as an asset and sign off on the indemnity provision. Vice Chair Gegen thanked Mr. Jung for the update noting that the matter would no longer appear on the agenda. G. New Business 2. Presentation by Jennifer Luck, Hawaii Public Land Trust, for consideration of acquisition using the Open Space Fund fora pjqjgct in Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 4 SUBJECT DISCUSSION ACTION Waioli Valley TMK 4-5-5-009-007, Gaylord W. Wilcox Trust; TMK 4-5- 5-009-006 Wilcox Family LTD and TMK 4-5-5-009-002, Carol an d Gaylord Wilcox Family Partnership. 3 . Presentation by Jennifer Luck, Hawaii Public Land Trust, for consideration of acquisition using Open Space Fund for a project at Lawa` i International Center TMK 4-2-5-004-057, Walter Yamamoto . Ms. Jennifer Luck — (Powezpoint presentation on file) . Ms. Luck began with a brief introduction of HILT' s mission and the reason why she is here today. She stated although the aforementioned projects would not be ready for proposal until sometime next year she felt it would be beneficial for the Commission to know where HILT is at in the process. Vice Chair Gegen asked if there are issues relating to the two projects that should not be discussed in public. Ms. Luck replied she would prefer at this point not to talk about the specifics due to confidentiality. She explained although she got the approval to come before the Commission by a few of the landowners the Lawa` i International Center has not approached some of the landowners. Ms. Luck stated in addition to working on other projects, which do not need funding, HILT wants to make Waioli Valley a permanent conservation district. She stated about two years ago, the Waioli Valley Land Trust conducted a land study which prompted HILT to become more proactive rather than reactive, and in doing so HILT identified what they term as iconic lands throughout the State that have been identified by the Kauai Advisory Council. She stated the KAC is made up of individuals who came together, and made a list of places they would like to see under permanent protection. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25 , 2014 Page 5 SUBJECT DISCUSSION ACTION She stated Waioli Valley was identified along with the greater Hanalei Valley as an iconic land because of its rich history, cultural importance (area has been in taro cultivation for generations), and scenic view shed. Ms. Luck explained that HILT began to work with the various landowners, one in particular is the Wilcox Family (one of the largest landowners in the area with 45 acres), who have voiced their support to donate conservation easements. She stated HILT' s goal is to initiate the project and secure donations by the end of this year; however, the Wilcox Family is . only one of the many landowners in the area, and HILT would like to approach other landowners as well to determine if they might be interested in filing for a conservation easement, or if the property is up for sale the landowner could sell it to the land trust or the County. Ms. Luck stated that HILT' s intentions are to purchase these agricultural lands, and find a way to make it more viable for these farmers to stay on the land by purchasing conservation easements or parcels in fee, and lease them out to the farmers so that they can continue to farm the land. She noted that the Wilcox Family is committed to agricultural uses of their land, and within the terms of the easement HILT is negotiating to construct produce processing plants, which HILT believes will give the landowners the ability to process its own produce that is cultivated on the land, including providing housing for the farmer workers. She stated the terms of the easement would be written in a way that it would ensure that the land will never be turned into vacation rentals or real estate. Ms. Luck stated in regard to other parcels in the area that are currently for sale HILT is trying to raise money to purchase these parcels, hopefully, by Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 6 SUBJECT DISCUSSION ACTION the beginning of next year, which is the reason she wanted to meet with the Commission to ask for potential financial support to fund these projects. She stated some of these parcels could be purchased in fee simple or conservation easement purchases. Ms. Luck asked the Commissioners if they had any questions before she moved on to address the Lawa` i International Center project. Commissioner Hayashi asked who the individuals are that sit on the Kauai Advisory Council to which Ms. Luck replied Angela Anderson, Beryl Blaich, Mehana Blaich-Vaughn, Sara Bowen, Bill Chase, Harvey Cohen, Scott Giarman, Howatt Peter King, Rupert Rowe, Leialoha Sanchez, Keola Sheehan, Ben Welborn, and Erin Wilson. Commissioner McClintock asked how many different landowners there are to which Ms. Luck replied another major landowner is the Waioli Corporation in which HILT is currently having discussions, and the other parcels are owned by multiple landowners. She noted HILT' s goal is to go after the low hanging fruit, which are parcels that are owned outright by one family or entity that is up for sale. Commissioner R. Blake asked if she could provide a map of the area to which Ms. Luck replied yes, and stated if he waited just for a few minutes she would be more than happy to look it up on her laptop. Ms. Luck stated the second project for consideration is the Lawa`i International Center which sits on 32 acres. She explained that the LIC is a non-profit organization dedicated to providing a place where people from all parts of the world can get in touch with the vestiges of theirspiritual Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 7 SUBJECT DISCUSSION ACTION and cultural roots and traditions. She stated LIC approached HILT two months ago to see whether HILT was interested in helping LIC negotiate for some additional acquisitions to add to their current property. She stated in all LIC is interested in acquiring 3 parcels, one of which borders their property which is up for sale, and the other two parcels are very small of which one contains a heiau and the other contains petroglyphs; however, both parcels are not contiguous with their property, but HILT felt by acquiring these two parcels it would greatly add to their mission. Ms . Luck also stated after she met with Lynn she approached HILT' s Land Committee, and as a result HILT has agreed to come on board as a broker to help LIC negotiate deals with the current landowners and help them seek funding. Ms. Luck explained that although LIC would be the main applicant for all funding, with HILT' s guidance, LIC does not need to be the end owner because if the County were to fund the project and wanted to become the end owner LIC would be fine with that just as long as a standing management agreement is reached. Ms. Luck asked if County funds were to be used does the County have to be the end owner. Mr. Jung replied no, and explained under the new provisions that were accounted for in the recent update to Article 14, Chapter 6 allows the holder to be a non-profit organization or a private owner just as long as the property remain in protected in perpetuity. He further explained that if a conservation easement agreement was reached HILT could be the holder, and the funds could be appropriated as long as the County Attorney' s office is sufficient with the terms in the protected perpetuity; in other words there is room for flexibility. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 8 SUBJECT DISCUSSION ACTION Ms. Luck stated as a broker for these particular projects HILT wants to hold conservation easements on all 3 parcels including the LIC property and the Waioli Valley. Commissioner R. Blake asked what kind of land increase is she referring to once HILT purchases these parcels. Ms. Luck stated the acreage for the heiau alone is approximately an eighth or a quarter of an acre, and the property that is contiguous with LIC' s property is only 1 . 38 acres. She also noted that the acreage for the Waioli Valley project is also very small, and the cost to rezone these properties (at the most) would cost up to two hundred thousand dollars for both projects. She stated although these properties are fairly affordable what really is important is that the zoning can always change, which would mean getting additional protection. Commissioner Hayashi asked if the Commission could see a map showing the location of the 3 parcels relative to the Lawa` i International Center project. Ms. Luck replied that the Lawa` i International Center has provided her with an aerial photo showing the location of all 3 parcels, and she would be more than happy to share it with the Commission. Vice Chair Gegen asked if the information was confidential in nature, and if so, he would recommend going into executive session to which Ms. Luck agreed. Commissioner McClintock asked if the area that the Kauai Advisory Council identified as iconic can be found on the HILT' s website to which Ms. Luck replied no, and explained that unless HILT is actively working on a project they tend to keep things relatively confidential, but would be more than happy to share the information on an individual basis. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 9 SUBJECT DISCUSSION ACTION Ms. Luck provided the Commission with an aerial photo showing the area HILT is considering acquiring for the project in Waioli Valley. Commissioner Hayashi asked if HILT is considering projects on the south side of the island. Ms. Luck stated for a long time HILT was more reactive than proactive, and for whatever reason a majority of the landowners that were approached came mostly from the north shore. But in its efforts to become more proactive HILT is working on identifying other areas on the south side in addition to the LIC to project. Vice Chair Gegen thanked Ms. Luck for her presentation. Ms. Luck noted that she looks forward to another meeting with the Commission in the near future. Vice Chair Gegen asked the Commissioners if they knew of any potential landowners who are willing to sell their property, and if so to contact Ms. Luck. Ms. Luck left the meeting at 1 :50 p.m. Unfinished F1 . Review and discussion on past recommendations and prioritizations of Business Items the Commission' s work plan timeline of events and activities. Vice Chair Gegen asked the Commission if they had any questions on this item, hearing none, Vice Chair Gegen moved on to Item F2. F2 . Update on recommendation to County Council for condemnation resolution for a portion of TK (4) 2-6-003 :017 to obtain a pedestrian public beach access to Kukui`ula Bad through the former Hoban property and discussion on alternative pedestrian public beach access options to Kukui`ula Bay. Mr. Jung reported that in an effort to ensure a smoother transition all transmittals coming from this body will be reassessed by the Planning Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 10 SUBJECT DISCUSSION ACTION Director before Staff sends it up to the Mayor' s office for final review and input. In regard to the current resolution the Planning Department will have to resend it to the Administration for final processing before transmitting it over to the County Council. Vice Chair Gegen asked how long the Commission is looking at in terms of when Council should be receiving the Commission's recommendation for a condemnation resolution. Mr. Jung stated that he will meet with Council Chair Furfaro to give him a heads up on certain matters that will be coming to the Council for placement on the agenda, which under the Council' s rules the Chair has 120 days to determine whether or not to place the item on the agenda. Vice Chair Gegen asked when can he expect it to be transmitted to Council to which Mr. Jung replied by this week, Commissioner Evslin asked if the Administration had a chance to review and validate the Commission's original recommendation to which Mr. Jung replied that the Administration is still vetting in terms of whether they are going to support it. Vice Chair Gegen voiced his concerns because the recommendation was originally approved by the Commission on January 23 , and he would like to see it move through expeditiously. Vice Chair Gegen stated he remembers a discussion about creating a spreadsheet showing the different properties the Commission has either taken action on or asked for updates. Ms. Sadora stated although the spreadsheet is completed it' s just a matter of distributing it to the Commission. Vice Chair Gegen asked if there was a chance the Commission could review the spreadsheet at the next meeting to which Ms. Sadora replied Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 11 SUBJECT DISCUSSION ACTION yes. Vice Chair Gegen clarified in a previous discussion regarding the Hoban property part of the information that was sent over to Council was in a form of a motion. Mr. Jung stated the information that was presented to Council was within the dossier, which at this point anyone from Council could recommend a resolution; however, it must be introduced by either the Mayor or a Councilmember. Vice Chair Gegen asked what type of information was part of the dossier to which Mr. Jung explained a land acquisition plan. Vice Chair Gegen asked if the Commission could get a copy of the land acquisition plan to which Mr. Jung replied yes. Commissioner Hayashi noted that she recalls at one time Managing Director Nakamura asked if the Commission could hold off from taking any action until the Administration had the chance to negotiate something with the landowner. Commissioner Evslin stated that the Managing Director came to the Commission to explain the process, and what it would cost if the matter entered into litigation. Vice Chair Gegen stated from what he understood the Administration had to obtain another appraisal because the first one expired. Mr. Jung shared with the Commission that he along with the Mayor and the Managing Director went to meet with the landowner to see if he was willing to budge, but he refused. He stated if the resolution for a condemnation goes through, a new appraisal will need to be obtained because the matter will eventually end up in litigation. F3 . Discussion on request from Council Chair Furfaro dated Februga 5 2014 regarding access to Kilauea Falls located on TMK 4 5-2-012-035 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25 , 2014 Page 12 SUBJECT DISCUSSION ACTION being placed on the Open Space Commission' s priority recommendation list. • Discussion on a proposed draft letter to be submitted to Charles Somers and/or his representative regarding a right-of-entry request to enter property identified as TMK (4) 5-2-012- : 035, to do a limited meeting site visit with the Commission to Kilauea Falls. Vice Chair Gegen stated that he was just handed two draft letters dated September 25 from Staff. Mr. Jung noted that if the Vice Chair feels that both letters are sufficient he would ask Staff to send it out. Vice Chair Gegen asked if the letters were similar in nature. Mr. Jung expanded on the Commission' s request to generate the letters, one of which is a request for a right-of-entry to enter Mr. Somers property to identify the P 1 easement, and the second letter is a request for a site visit to the area commonly known as the "Mango Trail" to see Kilauea Falls. Commissioners Evslin and R. Blake both noted that from what they understood the Commission wanted the letters sent by Staff at the last meeting. Vice Chair Gegen stated to ensure that the letters are sent he wants someone to make a motion to that effect with a caveat that if the Commission wanted to make any changes the Commission could come back at a later date to review and approve those changes. A motion was made by Commissioner R. Blake to send both letters out. Commissioner McClintock seconded. Motion carried 7 : 0 Commissioner Evslin asked given the fact that the letters will be sent out today can Staff prepare some type of a concept or options to help the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 13 SUBJECT DISCUSSION ACTION Commission move the matter forward, whether or not the Commission receives a response from the landowner. Mr. Jung asked if he was thinking in terms of the acquisition plan to which Commissioner Evslin replied yes. Ms. Sadora noted that she would assist Mr. Jung with his request. Commissioner Evslin asked in addition to the acquisition plan if it would be appropriate to have two members of the Commission meet with Mr. Somers to discuss limited access (twice a week) to Kilauea Falls. Mr. Jung stated because the President of the Kilauea Neighborhood Association had already met with Mr. Somers with the same concept, as an alternative he would like to suggest that the Commissioners meet with the President of KNA as a follow-up. Vice Chair Gegen suspended the rules to allow Mr. Spacer to give public testimony on Item F4 . Update on pedestrian public access involving Falko Partners subdivision in Waipake. Mr. Spacer - At the County Council meeting two weeks ago, Council Chair Furfaro made a suggestion to create a working group, which would consist of two members from the Open Space Commission, Planning Commission, and the State' s Na'ala hele Trail Advisory Council, and any relevant individuals to discuss what to do with the $ 170,000 that was appropriated by the legislators for public access specifically for the alleged alaloa trail, which includes Waipake. Vice Chair Gegen asked if the $ 170,000 was appropriated to the Department of Land & Natural Resources specifically for the alleged lateral access to alaloa to which Mr. Spacer replied yes, and stated $50,000 was allocated to do a metes and bounds study, and remaining funds to do an EIS and AIS . Mr. Spacer invited the Commissioners to come to the Na' Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 14 SUBJECT DISCUSSION ACTION ala hele Advisory Committee meeting tonight at 5 :00 p.m. at the DOFAW Office Building. F5 . Update on Commission education topics. • Discussion on acquisition process involving willing landowners. Mr. Jung stated that he received information regarding a potential willing landowner, and would share it with the Commission under New Business Item G4. He informed the Commissioners to keep in mind that the County is always looking for coastal or mountainous property to acquire that can be used as a park or preserve. Vice Chair Gegen noted that the very fact that HILT came here today to discuss their willingness to work with willing landowners could give the Commission an opportunity to create a partnership with them. F6 . Discussion on acquisition of land for open space preservation to create a buffer at Salt Pond Beach Park. • Proposed draft letter to Senator Ronald Kouchi requesting assistance with an executive order to acquire State of Hawaii land to create a buffer area near Salt Pond Beach Park. • Proposed draft letter to the Department of Land & Natural Resources to block motorized vehicles from driving on the beach and near the southern point at Salt Pond Beach Park. Vice Chair Gegen asked if the draft letters were completed to which Ms. Sadora replied a few months ago Ms. Rhoda Libre appeared before the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 15 SUBJECT DISCUSSION ACTION Commission to request that the Commission refrain from taking any type of action until after she had a chance to meet with members of the Hui' s to discuss the preservation of the Hanapepe Salt Pans. Ms. Sadora stated in addition Ms. Libre had also expressed to her that the best date to do the presentation would be on Thursday, October 23 . Vice Chair Gegen asked if the presentation related to what is currently happening with the salt pans to which Ms. Sadora replied .yes, and explained according to Ms. Libre the Hui is having on-going dialogue with the Administration including members of the different Hui' s. Vice Chair Gegen pointed out that because the Commission has a history of working with community groups on projects such as Kaneioluma he felt confident that the Commission would be more than willing to assist the Hui in preserving the salt pans, But for now, he felt it was best for the Commission to defer the matter until they hear from Ms. Libre. G. New Business 1 . Update and discussion on access to Kahili Quarry Road. Items Mr. Jung clarified this was a discussion about Hope Kallai' s concerns relative to the US Fish and Wildlife. He explained that the County has access up to the point where the US Fish and Wildlife sign is located, which is about 200 yards from the beach. He stated from what he understood after speaking to Attorney Max Graham, who represents Mr. Somers, if they can get authority from the US Fish and Wildlife Mr. Somers would look into the possibility of opening up the entire area, which includes putting crushed coral in the area as well; however, before they can proceed there are certain approvals that need to be obtained from the US Fish and Wildlife. Vice Chair Gegen stated part of Mi. Somers ability to build on his property Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25 , 2014 Page 16 SUBJECT DISCUSSION ACTION was to put crushed coral up to the P 1 easement. Mr. Jung stated he believes that the condition is subject to the landowner' s approval; however, if the US Fish and Wildlife agrees Mr. Somer' s will have to look at whether or not he can do it that way, which includes addressing liability issues with the US government. Vice Chair Gegen asked if he had an idea of the timeline because at this point there is no crushed gravel going to the P1 easement, and he is sure that the community would like to see it done relatively sooner than later. Mr. Jung stated he would follow-up to check, but from what he understands the plans are at the Department of Public Works. Vice Chair Gegen thanked Mr. Jung for following up noting that with the information the Commission could update its spreadsheet to get an idea of what they are looking at. 4. Communication from willing landowner regarding recommendation ##4 of the 2009 Annual Report to the Kauai County Council and Mayor Bernard Carvalho Jr. TMK (4) 1 -3-005 -053 Lee A. Evslin and Monica C . Evslin Trust. ^ At 2 : 15 p.m. Commissioner Evslin asked to be recused from the discussion based on the fact that he is related to the landowners. Vice Chair Gegen stated he has just been given a copy of an email dated July 20, 2014, from Mr. Lee Evslin to Chair Joseph Figaroa and Members of the Open Space Commission regarding an ocean front lot in Kekaha. (Copy of the email is on file) Mr. Jung stated during his discussion with Mr. Evslin he mentioned that in years past the subject property was listed in the 2009 Open Space Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 17 SUBJECT DISCUSSION ACTION Commission' s recommendation list. He stated that Mr. Evslin is looking for an opportunity for a possible transaction with the County to acquire the land. He stated in 2009 there was a joint agreement between the CBG Partners and the Evslin Trust to combine their properties to be used as a County park. He stated CGB Partners is one section of the Knudsen Family Trust, and if the Commission is interested Dr. Evslin is willing to come before the Commission to provide more details, but in the meantime he could contact the Knudsen Family Trust to see where they are at concerning this particular property. Mr. Jung further stated that if the Commission was to move forward with the venture it would cost (not exclusive of the State of Hawaii) the Commission roughly 3 . 5 million dollars. Commissioner R. Blake inquired about the owner of the property located south of the subject property to which Mr. Jung replied although he does not have the information at this time he would be more than happy to get it, and at the same time provide the Commission with a schematic of the entire area. Vice Chair Gegen noted at this point the Commission has no idea whether or not the Knudsen Family Trust is interested to which Mr. Jung agreed, and explained at one point in time they were, but whether or not they are still interested is something he needs to find out because there was a turnover of successor of trustees in which now the Knudsen Family Trust has 4 trustee members that make all of the decisions on behalf of the trust. He stated at this point he is unsure whether or not CGB Partners would be part of the decision-making process, and his intentions today before starting the process was to engage the interest of the Commission to see whether or not they wanted to reinsert the subject property back on its recommendation list. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 18 SUBJECT DISCUSSION ACTION Commissioner Hayashi asked if the intention is to build a County park on the subject properties to which Mr. Jung replied before anything can happen it would require involving multiple agencies, especially the Department of Parks, because they would have to decide whether or not to make it part of their inventory, which is why he felt that the Commission could initiate due diligence to see whether or not it would be a good idea. If so, then it would be up to the Council to decide, based on the Commission' s due diligence, if it would be feasible for the County to put a park there. Commissioner Ono brought up a point whether this is a project HILT might interested in. Commissioner R. Blake asked contrary to everything is the subject property in danger of the sea level rising and eventually disappearing. Mr. Jung stated since the improvements to Kikiaola Harbor were made the area is subject to steep erosion (close to 2 feet a year) noting that he would provide the Commission with the erosion maps at the next meeting. Vice Chair Gegen asked if the project went through would it allow the Evslin' s to build a house to their own specifications to which Mr. Jung replied the lot is relatively deep enough, which will allow the Evslin' s to build a house, but it would have to be elevated since the area is in a flood zone and there are burials, which must be addressed relative to the design of the house. But from what he understands the burials are located closer to the shoreline and if the County does acquire the property it would have to work with SHPD to protect the area. Vice Chair Gegen voiced his concerns about the sea level rising, and what the County and the State would be liable for. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25 , 2014 Page 19 SUBJECT DISCUSSION ACTION Vice Chair Gegen asked what is the desire of Commission in terms of the proposal from the Evslin' s Trust. Commissioner R. Blake stated if the Commission intends to entertain the proposal it is obligated to figure out what the intended use is for the property. Vice Chair Gegen stated the Commission could make a recommendation to acquire the property, and include a recommendation on what the Commission thinks the property would be best suited for. Commissioner Ono stated that if the Commission did decide to acquire the property she would like the area to be kept as an open space rather than converting the space into a recreational park. Vice Chair Gegen pointed out that in addition to ensuring safe public beach access, especially for the local fishermen who fish in the area, the Commission could do something to help to protect the burials that are located on the subject property. Commissioner R. Blake stated he is unsure if the Commission needs to make any improvements to the area because he feels the real concern is protecting the burial sites. Vice Chair Gegen stated the Commission could recommend building some type of barrier to protect the burial site. Mr. Jung stated as an attorney in private practice he helped to implement a burial treatment plan whose purpose is to locate burials, and work with the family from where the lineage came from to help them to decide what should be done and take the appropriate steps. Vice Chair Gegen stated at this point if Mr. Evslin wants to provide the Commission with more background information regarding the subject property he would support it. In addition, it would be a good idea to have Mr. Jung contact CGB Partners and the adjoining landowner to see if both parties are willing to be part of the project, and if the Commission does decide to move forward with the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 20 SUBJECT DISCUSSION ACTION project he would like to schedule a site visit, and invite Ms. Luck and burial experts to accompany the Commission on the site visit. Mr. Jung noted that he would ask Staff to place the matter on the next agenda for further discussion. Ms. Sadora stated as the Commission begins dialogue with the appropriate parties to keep in mind that through the ordinance the Commission is required to do more than just make a recommendation. Commissioner Hayashi questioned if a joint effort was reached between the Commission and HILT would the properties be held in perpetuity to which Vice Chair Gegen replied yes. At 2: 38 p.m. Commissioner Evslin entered the meeting. H. Next meeting Vice Chair Gegen announced the next meeting date is on Thursday, date and agenda October 9, 2014, at 1 : 00 p.m. at the Mo' ikeha Building — Meeting Room topics for 2A/2131 discussion Commissioner R. Blake requested a report from either the Chair or Vice Chair in regard to the HCPO conference that was held on Maui. Vice Chair Gegen replied that he would have Staff place the item on the next agenda. Commissioner Hayashi requested that the Commission be provided with a briefing on liability issues concerning the County' s public accesses located mauka to makki. Mr. Jung noted that the matter will have to be discussed in executive session. Vice Chair Gegen indicated that all items under Unfinished Business and New Business will remain on the next agenda with the exception of Item F4. Update on pedestrian public access involving Falko Partners subdivision in the Waipake ahupuaa. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 25, 2014 Page 21 SUBJECT DISCUSSION ACTION Commissioner R. Blake stated due to a prior commitment he would be unable to attend the meeting on October 23 . Commissioner Dela Cruz noted that she would be off island during the entire month of October and would not be able to attend both meetings. Commissioner Ono also noted that she would be unable to attend the October 23 meeting as well. I. Adjournment With no further business to discuss, Vice Chair Gegen called for a motion At 2:46 p.m. Vice Chair Gegen declared the to adjourn the meeting. meeting adjourned. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff S4pport Clerk Patrick Gegen, Vice Chair (_Y) Approved as circulated ( ) Approved as amended. See minutes of meeting.