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HomeMy WebLinkAbout2015-10-22OpenSpaceMinutesApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date October 22, 2015 on Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:10 p.m. End of Meeting: 2:59 p.m. Present Members: Vice Chair Joseph Figaroa, Dorothea Hayashi, Linda Dela Cruz, Teddy Blake, Jett Jasper, Randall Blake Also present: Deputy County Attorney Jodi Higuchi - Sayegusa; Planning Department Staff: Deputy Director Kaaina Hull, Duke Nakamatsu; Boards and Commissions Staff: Administrator Jay Furfaro, Support Clerk Darcie Agaran Excused Patrick Gegen, Shaylyn Kimura, Karen Ono Absent f ;',� „ N ).. t , v Y �v .,R r r, }t... v ,Y , .. 4 r f ✓, f .. , ,.. ,r, t r ,5 ,.. .. Y.. i r < Y t.`• e.. Z, 5 r:..; :.,.,. ? z: { // 5, }.t { /... ., d„ f.. J ...., r. C ' f, 1 k $, tr .:,.y✓yU,. .,(, .<rf �{:>•z„ ��Yx,', ..,, .h v ,...� r. ,,,. `i�n r v v. .r .3. U'..., §ssv,vil��"usys�tvJY�ir, }�,Lts i$" i, i, rs,$ 7,. j>, �s #.,:,.4a <~•<,3�4�t..iv &>a�„.n ?��"=r nrxfr .:. < ^Ut 1z.7 $,, �, 15v <x ., ..,brikr r>T%R. Stan, .. „6 �L, ,,<>,........ t'r, vm, >.. {. ,, .,.,,. }5 „. DISCUSSION ,..:..: ,, r. , ,,4.t . ACTION SUBJECT Call To Order The meeting commenced with a roll call of the Commissioners, Planning Vice Chair Figaroa called the meeting to order at Staff, and the Deputy County Attorney. 1:10 p.m. with six (6) Commissioners present constituting a quorum. Approval of Vice Chair Figaroa requested to amend the agenda by taking Item H.1., Queen Agenda Emma's Bath, first to be considerate of the public's time with the rest of the agenda to follow as -is. Vice Chair Figaroa asked if there were any comments in regards to the agenda to which there were none. Vice Chair Figaroa asked Administrator Furfaro if a vote is needed when he is rearranging the agenda. Administrator Furfaro stated that it would be smart to get concurrence amongst the Commission. With no further discussion, Vice Chair Figaroa called for a roll call vote to approve the agenda as amended. Commissioner Jasper: Aye Commissioner Hayashi: Aye Commissioner Dela Cruz: Aye Commissioner T. Blake: Aye Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 SUBJECT DISCUSSION ACTION Commissioner R. Blake: Aye Vice Chair Figaroa: Aye Motion carried 6:0 to approve the agenda as amended. Announcements There were no announcements. Approval of Minutes of September 10, 2015 Commissioner R. Blake moved to accept the Meeting Minutes minutes of the September 10, 2015 meeting. Commissioner T. Blake seconded the motion. Motion carried 6:0 Receipt of Items There were no items to receive for the record. for the Record New Business Discussion on request by Councilmember Gary Hooser regarding possible acquisition of property surrounding Queen Emma's Bath in Princeville, TMK: (4)5 -4- 005:0371 Vice Chair Figaroa asked if there was any public testimony in regards to the agenda item. The Commission received testimony from Betty Rowe, a homeowner who lives next to Queen Emma's Bath. She has been coming to the islands since she was 14 years old; she is 90 years old now. She appeared before the Commission to try and save Queen Emma's Bath from being developed. Ms. Rowe expressed that it is a beautiful place, and she would like to see it preserved and possibly become a shrine, more or less, for Queen Emma. She noted that the asking price for the 23 -acre parcel is $1.5 million. Ms. Rowe stated that they want to develop the land and place houses there, which she felt would be a challenge as there is a stream there, and it is full of gullies. She described Queen Emma's Bath as ancient, Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 3 SUBJECT DISCUSSION ACTION relic, and historical. Ms. Rowe stated she knows that Queen Emma went down to Hanalei. She's unsure if Queen Emma came by horse, but Ms. Rowe does not know how else she would've gotten there. Ms. Rowe stated that Queen Emma taught the Hawaiian children in Hanalei. She added that Queen Emma started the first hospital and first library on Kauai. Ms. Rowe stated that Queen Emma had a residence on the north shore of Kauai. She noted that if you go there, you can still see some of the rock work. Ms. Rowe went on to say that Kauai is called the "Garden Island," and if we are going to call it the "Garden Island," we better save some of it. Ms. Rowe stated that she is a great fan of Queen Emma and that she became very fond of her because Queen Emma was an extraordinary woman who went through a lot of sadness. People around her died constantly, but she kept moving on, and in the end she gave most of her money to the Hawaiians. She hoped the Commission could appreciate how she feels about Queen Emma's Bath. Vice Chair Figaroa thanked Ms. Rowe for her testimony and asked the Commissioners if they had any questions to which Commissioner T. Blake replied that he wanted to make a couple of comments. With all due respect, Commissioner T. Blake stated that Queen Emma was on Kauai for only three (3) months. He stated that her hale was at Mauna Kilohana at Kukui`ula. Commissioner T. Blake noted that Queen Emma did come back to Kauai on a 2nd trip to Princeville. He believes it was the Wiley Ranch at the time. He stated that Mr. Wiley named the place "Princeville" for Queen Emma's son, Prince Albert, but Prince Albert soon passed at the age of 41 Commissioner T. Blake stated that the hospital that Ms. Rowe alluded to is Queen Emma's on Oahu. He noted that Queen Ennna is one (1) of his favorite ali`i. Commissioner T. Blake stated that he Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 SUBJECT DISCUSSION ACTION is amazed at what she accomplished in her lifetime, and that he definitely has a lot of aloha for her. However, he has not come across anything in regards to Queen Emma teaching in Hanalei. Commissioner T. Blake noted that when she carne to Kauai, she came from January through April. Of that time, two (2) months was spent up at Poho Alaka`i going up to Kilohana, which was a difficult trip because they had to make their own trails. He stated that a lot of people accompanied Queen Emma. She later returned to Oahu, and came back to Kauai one (1) more time after her son died and before her husband died, which is when she spent time at Princeville. Vice Chair Figaroa thanked Commissioner T. Blake for his comments, and asked the other Commissioners if they had any other comments. Ms. Rowe explained that she doesn't hear very well, and that she didn't hear what Commissioner T. Blake said. Vice Chair Figaroa asked for further public testimony in regards to the agenda item. The Commission received testimony from Tim Kalai. He stated that he supports "Aunty" Betty, as well as the Commission, in considering this property for acquisition. Mr. Kalai agreed that it is a beautiful place and that we should help preserve the image of Kauai. He believes it is a valuable investment for the asking price at this point in time. Mr. Kalai suggested partnering with HILT (Hawaiian Islands Land Trust) or anyone that could assist in the course of this acquisition. He believes it would be a phenomenal opportunity for the preservation sake of the coastline for cultural resources. Mr. Kalai stated that the youth, fishermen, surfers, etc. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 5 SUBJECT DISCUSSION ACTION utilize the grounds for their recreational activities, and with that said, he feels it is an invaluable asset that can carry us into the future. He expressed his support for the acquisition once again, and thanked Commissioner T. Blake for the brief history lesson on Queen Emma. Vice Chair Figaroa thanked Mr. Kalai for his testimony, and asked if there was any other public testimony in regards to the agenda item to which there were none. Vice Chair Figaroa asked the Commissioners if there were any questions or further discussion to which Commissioner Hayashi stated that she doesn't know the area very well and requested to have a little more description of the area. Deputy Planning Director Hull stated that he is not too familiar with the property, and asked if Joan Maas could point out where the trail is located. Ms. Maas, who is Ms. Rowe's daughter, stated that she has become intimately familiar with the discussion. She stated that the area was considered open space, but was then it was re -zoned for development possibilities. Ms. Maas explained that the current realtor listed the property as twenty -three (23) acres, but when she looked at the Tax Map Key, it was listed as twenty -seven (27) acres. Ms. Maas pointed out to the Commissioners where the current parking lot and trail is located. She noted that it is a wonderful site and the fact that they are asking $1.5 million for over twenty -three (23) acres of coastal land is an amazing opportunity. Ms. Maas believes that the County will probably have to do something to mitigate the parking and overflow. She stated that the current parking situation does not accommodate the current tourist demand. Ms. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 N• SUBJECT DISCUSSION ACTION Maas noted that it is a great conservation opportunity. Vice Chair Figaroa thanked Ms. Maas for the explanation. Commissioner T. Blake asked where does the public currently park to which Ms. Maas replied that they park in a county -owned parking lot located next to her mother's property. Ms. Maas further explained that people double -park, park on the road, and along her mother's property as well. Commissioner T. Blake asked if it was in the cul -de -sac to which Ms. Maas replied no. Ms. Maas stated that cul -de -sac is Punahele Road, and her mother lives on Kapi`olani Loop. Commissioner T. Blake asked if it's before going down to the cul -de -sac to which Ms. Maas replied yes, to the right. Commissioner T. Blake asked if it is County property to which Vice Chair Figaroa interjected and reminded everyone to stay focused on the property itself, and not the parking. Vice Chair Figaroa thanked Ms. Maas again, and stated that he sees the need for preservation as well. Commissioner T. Blake called for a point of order, stating that he was trying to establish that there is a parking lot because if they acquire the property, they will need to have public parking. He added that they would need to condemn additional land, which is too expensive in that area. Commissioner T. Blake explained that he was trying to figure out the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 7 SUBJECT DISCUSSION ACTION location of the current parking, its size, and if it's a viable thing to do. Vice Chair Figaroa said "point taken" and explained that he didn't want to deviate off to a whole other subject. Vice Chair Figaroa asked for further questions or discussion from the Commissioners to which there were none. Deputy Director Hull stated that the Department would recommend that an action of some sort be taken on this agenda item; either it be received or deferred to another meeting. He explained that if the Commission is looking at a possible deferral route, the Planning Department could do further research into the property concerning its viability for recommendation for Open Space funds; however, it's ultimately at the Commission's discretion. Vice Chair Figaroa asked what does the County already know about this property to which Deputy Director Hull replied that this is a relatively new agenda item that is initiating the discussion. So if the Commission would like the Planning Department to conduct further research into whether or not this could become a viable recommendation for Open Space funds, the Department can go down that road. However, they would need the request from the Commission and the ultimate action would be a deferral until a later date. Deputy Director Hull further explained that if the Commission feels that it is not viable, then they would receive it for the record and move onto the next agenda item. Commissioner R. Blake stated that he would like more research. Commissioner T. Blake stated that he has never been to Queen Emma's Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Wim SUBJECT DISCUSSION ACTION Bath. He knows where it is because it was pointed out to him, but he has never walked down there. Commissioner T. Blake explained that he only started to hear about Queen Emma's Bath when tourists started drowning there. He is concerned for the public's safety, so if there's a way to mitigate the drownings, he would be very interested in this. Commissioner T. Blake added that having a lifeguard present all day would be too costly. He stated that he would like to get more studies on it. Commissioner T. Blake moved to defer this agenda item until further information is presented. Administrator Furfaro stated that the correct motion would be to refer the item to the Planning Department for research with an idea that they are going to do some background checks for the Commission. Deputy Attorney Higuchi - Sayegusa suggested to hone in on what type of information is being requested from the Commission. Vice Chair Figaroa suggested they find out if the property is already being sold. Commissioner T. Blake stated that he would like to get information from the Planning Department on the zoning, parking, access, development plans, and safety. He added that if they purchase the property and Queen Emma's Bath is part of it, Queen Emma's Bath would become County liability, which is a big concern. Commissioner Hayashi stated that she does not know the area at all, so she would like a referral at this time until more information is brought forward. With no further discussion, Vice Chair Fi aroa requested a motion to refer Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 .,_.. SUBJECT DISCUSSION ACTION this agenda item to the Planning Department to investigate escrow status, zoning, parking, access, and development plans. Commissioner T. Blake asked Deputy Attorney Higuchi- Sayegusa if he needed to withdraw his motion for deferral to which she replied yes. Commissioner T. Blake withdrew his motion. Commissioner R. Blake moved to refer to the Planning Department for research considerations. Commissioner T. Blake seconded the motion. Discussion: Commissioner R. Blake asked if it was possible to use new technology, moving forward, to project land pictures onto the screen to depict the graphic area to which Deputy Director Hull replied yes. Deputy Director Hull stated that the Department can include a PowerPoint presentation. He added that the Commission will continue to be provided with the meeting packets, but for the initiation, they can do a PowerPoint presentation. With no further discussion, Vice Chair Figaroa called for the vote. Motion carried 6:0 Public Comment All public testimony pursuant to HRS 92 (Sunshine Law) There was no public testimony. Unfinished G.1. Review and discussion on 4.860 -acre archaeological parcel in Po`ipu Business located at TMK: (4) 2 -8- 031 -1991 Deputy Attorney Higuchi- Sayegusa stated that at the last meeting, there was discussion on available options in regards to conservation easements Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 I' - 1 SUBJECT DISCUSSION ACTION for this property. She explained that a conservation easement is another tool that's available for private property owners working in partnership with the government or a non - profit organization to preserve portions of property or entire parcels for conservation purposes. Deputy Attorney Higuchi - Sayegusa further explained that it basically creates an enforceable land preservation agreement between the parties for preservation and conservation. It is recorded with the title of the land, and runs with the land and binds future owners. She added that it restricts real estate development and commercial and industrial uses on the dedicated portion in the conservation easement. Deputy Attorney Higuchi- Sayegusa stated that there are other tax benefits. She noted that there are a couple of Federal income tax incentives, which allows a reduction in the taxable property value. Deputy Attorney Higuchi- Sayegusa added that if the land with the easement is passed on to future generations, it will reduce the estate tax as well. She noted that there is a possible County tax exemption. If a portion of a property is dedicated for non - profit purpose and dedicated for more than a year, it is possible that the dedicated portion would be exempt from County taxes. Commissioner Hayashi asked how restoration would impact the conservation easement to which Deputy Attorney Higuchi- Sayegusa replied that the federal tax benefits are for conservation. It's meant to not allow for an attraction. Commissioner T. Blake asked if a conservation easement can be taken back in twenty (20) years to which Deputy Attorney Higuchi- Sayegusa replied that it depends on the agreement with the property owner. She stated that the title remains with the private property owner and that the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 11 SUBJECT DISCUSSION ACTION County or Government or non - profit is the steward. Commissioner T. Blake asked what deters the owner from taking it out of a conservation easement to which Deputy Attorney Higuchi- Sayegusa replied that it would be something to work out with the private property owner. She stated that an agreement would be made and a timeframe would be something that is negotiated initially. Commissioner T. Blake asked what happens to the tax credits that a property owner received after they decide they no longer want to have a conservation easement to which Deputy Attorney Higuchi- Sayegusa replied that the tax credits have already been applied for that time, so if they remove it from a conservation easement then the property owner will no longer qualify for the incentives. Commissioner T. Blake asked if the owner would have to back pay the credits it received to which Deputy Director Hull replied that one (1) way to address it in the sale agreement would be to have the conservation easement placed in perpetuity. Vice Chair Figaroa asked Commissioner T. Blake if this is similar to what Malama Koloa does to which Commissioner T. Blake replied they are looking for a conservation easement as one (1) of the ways to obtain a property. Commissioner T. Blake added that they are waiting for the County Attorney for suggestions, but they are looking at a conservation easement that will be in perpetuity. Deputy Attorney Higuchi- Sayegusa stated that in past discussion, Chair Gegen suggested for Angela Anderson of HILT to come before the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 12 SUBJECT DISCUSSION ACTION Commission and provide some infonnation on the possibilities of a conservation easement. She added that if the Commission is still interested in hearing from Angela Anderson then they can defer this agenda item. Deputy Director Hull interjected and announced that he will be attending more Open Space Commission meetings in an attempt to have more Administration present to represent the Department, as well as Planner Nani Sadora. He stated that he is not sure of the specifics that went on in previous meetings, but he imagined that it was Chair Gegen's attempt to get additional monies by folding HILT into the process to relieve the burden solely on the Open Space fund for this parcel. If the Commission would like, they can reach out to Angela Anderson again to see if she is willing to testify and discuss with the Commission possible options for this particular parcel. Vice Chair Figaroa stated that he would like to defer this item and have HILT present the acquisition options. The Commission received testimony from Tim Kalai. Mr. Kalai stated that he applauds the aspect that the Commission is looking at conservation easements; however, he noted that it could be a "double -edged sword." Mr. Kalai referenced a situation in Kilauea where a parcel was placed in a conservation easement. He stated that while HILT was going through the process, they did not reach out to the community to ask what stipulations or conditions would be in their best interest to associate with the conservation easement. In the course of that, Mr. Kalai stated that the Kilauea community lost their easement to Kilauea Falls. He added that the community continues to feel upset and somewhat robbed of a place that people used all the time. Mr. Kalai stated that the general public has been Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 MOM SUBJECT DISCUSSION ACTION deprived of the ability to utilize the resource at Kilauea Falls. He informed the Commission that there are vital conditions that need to be negotiated with HILT, if they will be negotiating the possible conservation easement. Commissioner T. Blake left the meeting at 1:57 p.m. With no further discussion, Vice Chair Figaroa requested for a motion to defer this agenda item so the Commission can receive a presentation from HILT, to have an interactive discussion, and to get more educated. Commissioner Dela Cruz moved to defer this agenda item. Commissioner R. Blake seconded the motion. Commissioner T. Blake returned to the meeting at 1 :58 p.m. Motion carried 6:0 G.2. Review and discussion on Trust for Public Land request for the Commission's consideration regarding the Embracing Kuleana at Waipa Project; Kaluanono, TMK: (4) 5- 6- 004:010 and Halulu Fishpond Access, TMK: (4) 5 -6- 004:017. Deputy Director Hull announced that the Department has been in contact with the Trust for Public Lands in which they have stated that the sale is still in the process; however, they ran into a "title cloud ". A person that was a party to the ownership passed away, and there was no will to a certain degree, so they are researching that issue. Trust for Public Lands anticipates getting it resolved with the next five (5) to six (6) months. Deputy Director Hull stated that there is not much that can be done until it is resolved, so the recommendation from the Department would be to receive this item, and it will return back to the Commission once the Trust for Public Lands resolves the "title cloud ". Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 M SUBJECT DISCUSSION ACTION Vice Chair Figaroa recalled that the seller was on a time crunch when this item was first presented to the Commission and that the seller wanted an immediate answer. Deputy Director Hull stated that was correct. The seller stated that they were going to place the properties for sale on the open market if they didn't receive an answer right away. However, the current delay is on the seller's side, so it doesn't matter who they sell it to, they will still run into this stumbling block regarding the title clearance. Vice Chair Figaroa asked if the Commission was set to move forward and if correspondence was sent to Council to which Deputy Director Hull replied that Council is aware of this property being on the Commission's priority list. However, they need to get the full assessed value after the title cloud is resolved. Once that value is determined, Trust for Public Lands will come before the Commission again to request that specific amount. At that tune, the Commission will take action. If the Commission approves the amount, it would be forwarded as a recommendation from the Commission to Council for action. Vice Chair Figaroa mentioned that he recalls Trust for Public Lands already having a figure the last time they came before the Commission. Deputy Director Hull stated that he would need to do some research, but he doesn't believe an amount was sent to Council for action. Commissioner R. Blake recalled the Commission set a limit for a certain amount, but noted that he could be mistaken. Deputy Director Hull stated that if the amount was transmitted to Council, Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 15 SUBJECT DISCUSSION ACTION then the next steps would be for the title cloud to be resolved, and then Council to take action. However, he will research the situation. Vice Chair Figaroa asked if the acquisition package includes the assessed value and purchase amount to which Deputy Director Hull replied yes. Vice Chair Figaroa stated that he recalls the Commission sending correspondence to proceed with an acquisition package for this property. Commissioner T. Blake noted that the transaction cannot proceed if there is a title cloud. With no further discussion, Vice Chair Figaroa reiterated that the Commission should hear back in approximately six (6) months or sooner. G.3. Review and discussion on presentation to Council on June 24, 2015 regarding PL 2015 -01 Communication (05/07/2015) from Council Chair Rapozo requesting the presence of the Planning Director and the County Attorney �plain the process that occurs before and after the Public Access, Open Space, and Natural Resources Preservation Fund Commission selects properties for acquisition, including a detailed summary of the Commission's current priorities; and the Eminent Domain process, and how it relates to the Commission's process and the acquisition of properties. Deputy Director Hull explained that the Department is in the process of drafting the rules. He announced that they have a meeting with Councilmember Chock scheduled for November 6t" to go over his proposed amendments. Deputy Director Hull stated that the Director will Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 16 SUBJECT DISCUSSION ACTION probably be coining before the Commission himself to discuss the specific rules. He added that the draft rules will be transmitted to the Commission after it is completed. At this time, the Department recommended that this agenda item be received. Vice Chair Figaroa asked if would help for the Commission to be a part of the discussion with Council to which Deputy Director Hull replied yes. Vice Chair Figaroa stated that there are many times when items are presented to Council, but the Open Space Commission is not involved. They are not aware of it until the next meeting. Deputy Director Hull explained that there are a couple of different routes in representing the Commission. One (1) avenue is when the Department is there to represent on behalf of what the Commission does, says, or acts upon. The other avenue is when the Commission elects a particular individual to be present and speak on behalf of the Commission. He stated that the Department sometimes cautions on this avenue because of the fact that sometimes an individual Commission member might have a particular slant that is not adopted from the entire Commission as a whole. Deputy Director Hull stated that he could not speak to why the Council Chair specifically requested the Department and excluded the Commissioner Chair, but he thought Vice Chair Figaroa brought up a valid point. Vice Chair Figaroa stated that it's a good point that a Commissioner could have a specific slant, but questioned the Department's ability to have a specific slant as well. He asked Deputy Director Hull for his thoughts. Deputy Director Hull stated that he would agree with Vice Chair Figaroa. He referenced the Planning Commission when they take an action that was Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 17 SUBJECT DISCUSSION ACTION somewhat against or different from the Department's recommendation. The Department would have to present it to Council on behalf of what the Planning Commission adopted, and go on record to state what the Department's position was and what was adopted by the Planning Commission. Deputy Director Hull stated that the Department is tasked with being objective, balanced, and neutral in presenting what the Commissions approve and recommend to Council. He added that it won't always be clean, but hopefully the rules will help address those issues. Commissioner Jasper asked if the rules will be presented to the Commission at the next meeting to which Deputy Director Hull replied that it will more than likely be in December. Commissioner Jasper asked if Director Dahilig will be presenting the new proposed rules to Council to which Deputy Director Hull replied that it depends if Council requests for it. Deputy Director Hull stated that he's unsure if Council Chair requested a follow up, but ultimately the Commission as a body adopts their own rules. He added that the only other outside force that has to review the rules is the Small Business Association on Oahu, which generally the Attorney will travel to Oahu and present what is being proposed. After they approve, it comes back to the Commission and the Commission adopts their own rules. Deputy Director Hull stated that the Council may request to be folded into the process, but as of right now, he is not aware of that. Vice Chair Figaroa asked if Director Dahilig will be present at the next Commission meeting to which Deputy Director Hull replied that he will probably attend the December meeting. Deputy Director Hull noted that Director Dahilig is spearheading the project, so he should be the one that Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 SUBJECT DISCUSSION ACTION will present to the Commission, but it's not a guarantee. With that, Vice Chair Figaroa stated that no action needs to be taken and they will keep this item on the next agenda. GA. Discussion on 2015 public input process for developing the biennial list of priority projects to be reported to the Kauai County Council and the Mayor. Commissioner R. Blake stated that he was supposed to attend the Wailua- Kapa`a Neighborhood Association meeting along with Commissioner Ono; however, it was deferred. Commissioner Dela Cruz announced that they attended the Kekaha Community Association at Kekaha Neighborhood Center on Monday, September 14t1i, and they also attended the Hanapepe- `Ele`ele Communication Association meeting at Hanapepe Library. Commissioner Dela Cruz stated that she attended the Kekaha Community Association meeting along with Commissioner Jasper and Nani Sadora. She noted that Ms. Sadora did the presentation and informed the public about the Open Space Commission. Commissioner Dela Cruz stated that majority of the public was interested in the Evslin property. However, the feedback that she is currently receiving is that there is a lot of iwi on the property, which is causing them to have second thoughts, but they will get back to her after their next community meeting. Commissioner Jasper commended Ms. Sadora for her presentation. He felt that the Kekaha community is very passionate and energetic. Commissioner Jasper stated that they passed out infonnation packets to the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 19 SUBJECT DISCUSSION ACTION public, so the public could note which properties they think would be qualified to be acquired. He thought that overall it was a great meeting. Vice Chair Figaroa asked Commissioner Hayashi how the Hanapepe- `Ele`ele Community Association meeting went. Commissioner Hayashi stated that she attended the meeting as a member of the community; not as a representative of the Commission. She noted that there was a slight misunderstanding on her part. She thought that they would be able to have discussions, but it was more of an informational meeting about the Open Space Commission. Commissioner Hayashi stated that the Commission provided the survey forms, but also notified them that they could go online to submit their recommendations. She added that after the presentation from the Commission representatives, the Association had a very long discussion and generated a long list of recommendations. She is waiting for the list to come in from their Association. The Commission received testimony from Tim Kalai, a KNA (Kilauea Neighborhood Association) Board Member. Mr. Kalai stated that Ms. Sadora attended the KNA meeting on October 6t", and gave a nice presentation on behalf of the Open Space Commission. He noted that it was nothing more than an informational meeting and that Ms. Sadora was not taking any input because she knew it would be highly contentious. Mr. Kalai added that Ms. Sadora explained the survey and how they could submit their recommendations. However, he did note that they were disappointed they could not provide input at that time. Commissioner R. Blake stated that he thought the purpose of attending the community meetings was to inform the public about the surveys that they could submit, which would be their avenue for input. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 E:- 1 SUBJECT DISCUSSION ACTION Vice Chair Figaroa stated that for their public input process last year they conducted the meetings and had a dialog with the public. He added that they need to fine -tune it this year because it shouldn't only be an informational meeting. He felt there should be some kind of dialog. Deputy Attorney Higuchi- Sayegusa stated that her understanding is that the biennial list is due by the end of the year, so they have November and December to put it together. She added that the suggestion from Ms. Sadora was to consider a second meeting in November. Deputy Director Hull noted that the public input was due by October 315` and the biennial list is due at the end of the calendar year. He stated that the Department will be working with a recommended packet that the Commission will receive and discuss which properties are appropriate, additional properties that were added, and properties that should be removed. With no further discussion, Vice Chair Figaroa called for a five (5) minute recess. The Commission recessed at 2:26 p.m. New Business Presentation by Leonora Kaiaokamalie and Britni Ludington -Braun of the The Conunission reconvened at 2:34 p.m. (Continued) Planning Department regarding Lihu`e Community Plan recommendations. Ms. Kaiokamalie and Ms. Ludington -Braun distributed a handout to the Commissioners regarding the Lihu`e Community Plan. Ms. Kaiokamalie stated that Ms. Sadora approached and asked her if there were any recommendations relating to access in the Uhu`e Community Plan. Ms. Kaiokamalie pointed out a couple and Ms. Sadora kindly invited her to present to the Commission. Ms. Kaiokainalie thanked the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 21 SUBJECT DISCUSSION ACTION Commission for inviting them and allowing them to be present. Ms. Kaiaokamalie noted that she had Britni Ludington -Braun with her, who has been assisting her with implementation efforts associated with the Lihu`e Community Plan. Ms. Kaiaokamalie informed the Commission that the Lihu`e Community Plan was adopted in June 2015. She added that it was a two (2) year effort, and that the plan basically translates the input they receive from the community into policies and recommendations to hopefully shape the future of Lihu`e in a way that the community wants to see it. The policies and recommendations are related to transportation, housing, economic development, and public access; especially pedestrian and bicycle access. Ms. Kaiokamalie explained that the neighborhoods and major town areas covered in the plan are Lihu`e Town; Hanama`ulu; Puhi, including Pu`ali and Nuhou areas; Nawiliwili, including Kalapaki and Niumalu areas; Kapaia; Kipu; and Kalepa. She noted that Planning Department has a hard copy of the plan or it can be found on the website: http://Iil-iuecp.com/. Ms. Kaiokamalie urged the Commission to be careful when downloading the letter size plan because it is 200+ pages. If anyone would like to view the plan, she suggested borrowing her hard copy or looking at it online. Ms. Kaiokamalie mentioned that Ms. Ludington -Braun was great in helping her narrow down the discussion and recommendations relating to open space, natural resources, and pedestrian and bicycle access. She noted that in Chapter 3 of the Plan, they referenced Ahukini, Hanama`ulu Beach, Kapaia Swinging Bridge, and Kipu Falls, which was part of the available Open Space report, to support the acquisitions should the Commission choose to move them forward in this year's plan. Ms. Kaiokamalie stated that two (2) priority access ways that were brought u Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 22 SUBJECT DISCUSSION ACTION multiple times during the process were a multi -path through Ndwiliwili Gulch and a pedestrian and bicycle access way between the Civic Center and the War Memorial Convention Hall. She stated that the multi -path through Ndwiliwili Gulch not only came up from residents and businesses, but from some malahini that came from the mainland as well who would like another way to get from the Ndwiliwili area to the town core. Ms. Kaiaokamalie noted that it was supported by the Planning Commmission, as well as Council. As for the pedestrian and bicycle access between the Civic Center and the War Memorial Convention Hall, there was a lot of interest to open up the little access way between the Department of Health down through Wilcox School and the park that people currently use to get to the Convention Hall in relation to a proposed creative technology center that is also recommended in the Plan. She stated that it is also related to a proposal for a parking structure at the Convention Hall. Ms. Kaiaokamalie stated that it would help to service the businesses in the area and the Civic Center to make it a more attractive place for people to invest in the town. From what she understood from Ms. Sadora, the Ndwiliwili Gulch Trail also came up during the Commission's public input process. The second page of the handout included a general list of some of the access recommendations that are in the Plan relating to coastal trails and other multi -use trails, safe routes to school, implementation of the Lihu`e Town Core Urban Design Plan that was adopted in 2009, trail and path identification, pedestrian safety improvements, and improvements in the major town areas. Ms. Kaiaokamalie stated that she added information regarding CIP, Capital Improvements Projects, because the question of how will it be funded is brought up. She added that although the Lihu`e Community Plan did not prioritize the CIP for the agencies to consider in their budget, it does have Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 SUBJECT DISCUSSION ACTION the projects as part of the list and it does provide some estimation on the cost. Ms. Kaiaokamalie stated that she likes that there is an implementation and monitoring section. She added that by ordinance, they are required to report annually to the Planning Commission and Council regarding the implementations of the recommendations. She noted that she hopes to work with the Open Space Commission as well. Ms. Kaiaokamalie stated that Uhu`e is an urban center, our major commerce area, so the accesses in the report are going to be more related to getting from place to place within an urban area; however, it will service the entire island and community. In regards to the pedestrian and bicycle access way from the Civic Center to the Convention Hall, Commissioner R. Blake asked if there are any right -of -way acquisition issues that they may need to address to which Ms. Kaiaokamalie replied yes. She noted that there is a map of the proposed access way on Page 4 of the handout. Commissioner R. Blake noted that it looks like it traverses some State land, County owned land, and some private area which would be tricky. Ms. Kaiaokamalie stated that he was correct. Commissioner T. Blake asked where the private area was to which Ms. Kaiaokamalie replied that it depends on where the path ultimately is, but she believes it is behind Don's Camera Center, the car dealership, by the area with the law offices, and Garden Island Barbecue. Regarding the acquisitions that were recommended in the report, Commissioner T. Blake asked if someone from the Lihu`e Community Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 WOW SUBJECT I DISCUSSION ACTION Plan will be making the recommendations to the Commission or if the recommendations are coming through the Plan to which Ms. Kaiaokamalie replied that since it is an adopted plan, the Commission can utilize the plan as support from the Uhu`e community or the large community. She added that no one will necessarily make the recommendations to the Commission Commissioner T. Blake stated that Ahukini and Hanama`ulu are State property. He asked if the County acquires property from the State to which Deputy Attorney Higuchi - Sayegusa replied that they can do so by agreement or purchase. Commissioner T. Blake noted that Kapaia Swinging Bridge and Kipu Falls are privately owned. Ms. Kaiaokamalie mentioned that there was a lot of discussion about funding during the plan process regarding Kapaia Swinging Bridge, so it will probably not be a priority Commissioner T. Blake asked if Nawiliwili Gulch is Nawiliwili Valley, which is the ahupua`a that goes up to Haleko Road to which Ms. Kaiaokamalie replied she believes it is the portion that terminates where the Pua Loke Subdivision starts. Commissioner T. Blake stated that he spoke with Bob Schleck and Mr. Schleck informed him about a mile of railroad track that Grove Farm Museum wants to install in the same gulch. They are currently located at Haleko Road where the locomotive is. Commissioner T. Blake asked if it will be incorporated into the hiking or bike trail that Ms. Kaiaokamalie is proposing. Ms. Kaiaokamalie replied that there have been discussions Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 SUBJECT DISCUSSION ACTION about design, but no design concept has been approved. She noted that Grove Fann was part of the conversion as they sat on the Community Advisory Committee, and they are aware that it was a priority in the Lihu`e Community Plan. Commissioner T. Blake asked if it was on Grove Farm's property to which Ms. Kaiaokamalie replied no. She stated that it included County and private property. Commissioner Hayashi asked if the Museum purchased the railroad track area to which Ms. Kaiaokamalie replied that it is currently their property. Commissioner Hayashi asked if their property is from the mill down to Nawiliwili to which Ms. Kaiaokamalie replied she was not sure. Commissioner T. Blake stated that the Museum owns from Haleko Road, but he doesn't know how far in because there are two (2) different "Grove Fauns ". One (1) relates to Steve Case and the other relates to Waioli. He believes that whatever is in the valley belongs to Waioli; not the Puhi Grove Farm. Commissioner T. Blake added that they call it "Grove Farm" because it's Grove Farm Museum, but it's actually funded by Mabel Wilcox's Estate. Commissioner Hayashi asked if he could define who owns which part of the track to which Commissioner T. Blake replied that he doesn't know, but he can find out. Commissioner Hayashi stated that she's curious because the project has been ongoing for a number of years. Commissioner T. Blake stated that Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 SUBJECT DISCUSSION ACTION they are currently searching for funding. Vice Chair Figaroa stated that he likes the plan and is looking forward to it. Commissioner Dela Cruz stated that it was nicely made. Ms. Kaiaokamalie stated that it takes everyone to maka`ala what is going on; not just a few set of eyes. She added that they have been more mindful of projects that come in with opportunities relating to public access to give people more options than their car to get around in the Uihu`e area. Next Meeting Vice Chair Figaroa announced the next meeting date is Thursday, Date and November 12, 2015, at 1:00 p.m. at the Mo'ikeha Building — Meeting Agenda Topics Room 2A /2B. for Discussion Vice Chair Figaroa stated that the following items will be placed on the next agenda: G.1., G.2., G.3., GA., and H.1. Vice Chair Figaroa asked if there was anything to add to which Commissioner Hayashi replied that she would like to bring up the General Plan because there is a section on open space. She noted that there is a 2000 recommendation, but nothing has been done yet. Commissioner Hayashi stated that an update for the General Plan is ongoing and she believes the Commission should review it because it affects theirs. Commissioner T. Blake stated that the plans always include open space, but if no one is on top of it, it will stay stationary. He added that they have to be vigilant and put in input to be on the same track, or get community members to champion the issue. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 22, 2015 Page 27 SUBJECT DISCUSSION ACTION Commissioner Dela Cruz suggested to place Item G.2. on hold for now since it will take another five (5) to six (6) months to get further information on the ownership. Commissioners R. Blake and T. Blake agreed. Vice Chair Figaroa confirmed that they will place Item G.2. on hold until it is brought up again. Adjournment Vice Chair Figaroa adjourned the meeting at 2:59 p.m. Submitted by: v 4 `� rcie Agaran, Staff Support Clerk () Approved as circulated () Approved as amended. See minutes of meeting. Reviewed and Approved by: Joseph Figaroa, Vice Chair