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HomeMy WebLinkAbout2016-3-10NoticeofPublicHearing® NOTICE OF PUBLIC HEARING Pursuant to Hawaii Revised Statutes ( "HRS ") Chapter 91 and the Rules of Practice an 6 FEB _5 A 9:20 Procedure of the County of Kauai Public Access, Open Space, and Natural Resources Preservation Fund Commission Section 1 -4 -4, notice is hereby given that the County of Kauai Public Access, Open Space, and Natural Resources Preservation Fund Commission ( "Comnussion ") will hold a public hearing to hear testimony and comments from all in s T ;,l k persons regarding the following: ._ Proposed Amendments to the Rules of Practice and Procedure of the County of Kauai Public Access, Open Space, and Natural Resources Preservation Fund Commission The Commission is adding a new Chapter V., Report Process, which details the public input process, Planning Department ( "Department ") review and recommendation process, criteria for analyzing and recommending land or property entitlements, and the report process for County Council approval. A summary of the proposed amendments are as follows: a. Public In The proposed rule details the mechanisms that the Commission and Department may use to solicit public input on proposals to acquire land or property entitlements. The proposed rule requires the Department to maintain a website to inform the public on the Commission's purposes and allow the public to submit input. b. Department Review and Recommendation The proposed rule requires the Department to transmit to the Commission a preliminary report that analyses the proposal according to the criteria for acquisition within 45 days of receiving a proposal. The proposed rule requires the Department to provide a final evaluation and recommendation for all of the proposals received at least 90 days prior to the first Commission meeting in January of odd calendar years. Additional reports may be submitted to the Commission after further research. c. Criteria for Acquisition The proposed rule details the criteria for analyzing each proposal including whether: (a) the proposal fulfills at least one of the Commission's purposes (provide public outdoor recreation and education; preservation of historic or culturally important land areas and sites; protection of significant habitats or ecosystems; 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; and conserving land open space and scenic values); (b) the cost for acquisition is commensurate to the public interest served; (c) the process for the acquisition is commensurate to the public interest served; (d) the lacy of any maintenance requirements; or in the event there are maintenance requirements, the maintenance requirements have cost implications that are commensurate to the public interest served. d. Prohibitive Factor The proposed rule allows the Commission and Department to not recommend any proposed acquisition that contains extremely dangerous attributes in the land or that poses a risk of serious injury or death. e. Biennial Report The proposed rule details the requirements of the Commission's Biennial Report to report the balance and review the sufficiency of the fitnd; prioritize proposals to acquire land or property entitlements; and provide an acquisition plan for each proposal that is recommended for acquisition. The proposed rule requires the Biennial Report to be adopted by majority vote of the Commission on the first meeting held in January of odd calendar years, and if no action is taken at that meeting, review and action on the Report must be scheduled at each subsequent meeting until action is taken. The proposed rule requires the Biennial Report to be transmitted to the Council and Mayor within 30 days of adoption by the Commission and shall request a response from the Commission within 120 days of receipt of the transmittal. The proposed rule specifies that the Commission Chair or appointed representative shall represent the Commission and a representative of the Department may accompany the Commission when the Biennial Report is presented to the County Council. f. Dossier Recommendation Process The proposed rule allows the Commission to make a recommendation for the Council and Mayor's consideration outside of the Biennial Report when the proposal: meets the criteria for acquisition; does not have a prohibitive factor; and there is demonstrable urgency concerning the timing of acquisition where delaying action to the upcoming biennial report will result in significantly more expense, an adversarial acquisition process, or both. The proposed rule requires the Department to provide an analysis of the proposal according to the criteria for acquisition. The proposed rule requires the Dossier Recommendation to provide an acquisition plan for the proposal. The proposed rule requires the Dossier Recor unendation to be transmitted to the Council and Mayor within 30 days of adoption by the Conunission and shall request a response from the Commission within 120 days of receipt of the transmittal. The proposed rule specifies that the Commission Chair or appointed representative shall represent the Commission and a representative of the Department -may accompany the Commission when the Biennial Report is presented to the County Council. A public hearing will be held on Thursday, March 10, 2016, at 1 :00 p.m. in the Lihue Civic Center, Moikeha Building, Meeting Room 2A -2B, 4444 Rice Street, Lihue, Kauai, Hawaii. All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing, on the proposed rule amendments at the time of the public hearing. Persons wishing to subunit written testimony ,are requested to submit their written testimony to the Planning Department, 4444 Rice Street, Suite A473, Lihue Kauai, 96766, or by fax to (808) 241 -6699, or via email to openspace@lcauai.gov. lcauai.gov. Persons presenting oral testimony are requested to also submit their testimony. in writing to the Planning Department at the addresses noted above. All submissions for the record must be received at or prior to the scheduled public hearing. A copy of the. proposed rule amendments will be mailed to any interested person who requests a copy and pays the required fees for copying and postage. Please submit your request to the Planning Department at the addresses listed above. Copies of the proposed rule amendments may be picked up from the Planning Department at the above address between the hours of 7:45 a.m. and 4:00 p.m., Monday through Friday, excluding holidays. In addition, the full text of the proposed rule amendment is available on the web site of the Open Space Commission: http : / /www.Icauai.gov /OpenSpace. Individuals who require special needs accommodations may request assistance by writing or contacting Mr. Duke Nakamatsu at (808) 241 -4050 at least five (5) working days prior to the scheduled public hearing.