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HomeMy WebLinkAbout2016-1-14OpenSpaceCommissionMinutesApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Public Access, Open Space and Natural Meeting Date January 14, 2016 Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:08 p.m. End of Meeting: 2:43 p.m. Present Members: Chair Patrick Gegen, Vice Chair Joseph Figaroa (entered at 1:19 p.m), Linda Dela Cruz, Teddy Blake, Randall Blake, Dorothea Hayashi, Karen Ono Also present: Deputy County Attorney Jodi Higuchi - Sayegusa; Planning Department Staff: Duke Nakamatsu, Kaaina Hull (entered at 1:52 p.m); Boards and Commissions Staff: Administrator Jay Furfaro (entered at 1:51 p.m), Support Clerk Darcie Agaran Excused Shaylyn Kimura Absent Jett Jasper SUBJECT DISCUSSION ACTION Call To Order Chair pro tern Gegen called the meeting to order at 1:08 p.m. with six (6) Commissioners present constituting a quorum. Selection of Chair pro tem Gegen noted that the selection of Chair and Vice Chair is done Chair and Vice on an annual basis. Chair Chair pro tem Gegen opened the nominations for the position of Chair. Commissioner R. Blake nominated Commissioner Figaroa for the position of Chair. Commissioner T. Blake nominated Commissioner Jasper for the position of Chair. Chair pro tern Gegen asked if there were any other nominations to which there were none. Chair pro tern Gegen called for the vote by a show of hands. Three (3) Commissioners (R.Blake, Dela Cruz, and Hayashi) voted in favor of Commissioner Figaroa as Chair. Two (2) Commissioners (T. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 I' _ SUBJECT DISCUSSION ACTION Blake and Ono) voted in favor of Commissioner Deputy County Attorney Jodi Higuchi- Sayegusa asked Chair pro tern Gegen if Jasper as Chair. Chair pro tem Gegen went with he was withholding his vote, abstaining, or going with the majority to which the majority. Commissioner Figaroa was elected Chair pro tern Gegen replied he is going with the majority. as Chair with a 4:2 vote. In Chair Figaroa's absence, Commissioner Gegen stated that he will maintain the Chairmanship. Chair pro tem Gegen opened the nominations for the position of Vice Chair. Commissioner T. Blake nominated Commissioner Jasper for the position of Vice Chair. Commissioner R. Blake nominated Commissioner Gegen for the position of Vice Chair. With no further nominations, Ms. Higuchi- Sayegusa called for the vote by a show of hands. Three (3) Commissioners (T.Blake, Ono, and Gegen) voted in favor of Commissioner Jasper as Vice Chair. Three (3) Commissioners (R.Blake, Hayashi, and Dela Cruz) voted in favor of Commissioner Gegen as Vice Chair. The vote was 3:3. Chair pro tern Gegen stated that he will rescind his vote, so they move on. Ms. Higuchi - Sayegusa stated that they will recast their votes and called for the vote again by a show of hands. By a show of hands, the Commission voted unanimously to elect Commissioner Gegen as Vice Chair. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 3 SUBJECT DISCUSSION ACTION Vice Chair Gegen thanked the Commission for their vote of confidence. Approval of Regarding Item H.2., Vice Chair Gegen announced that HILT (Hawaiian Agenda Islands Land Trust) was not able to attend the meeting, but they will be at the next regularly scheduled meeting. He noted that they will be asking for a deferral when the item is taken up. With no further discussion, Vice Chair Gegen stated that the agenda will stand as -is. Announcements There were no announcements. Approval of E.1. Minutes of December 10, 2015 Commissioner Dela Cruz moved to approve the Meeting Minutes meeting minutes of December 10, 2015, Commissioner Ono seconded the motion. Motion carried 6:0 Receipt of Items There were no items to receive for the record. for the Record Public Comment All public testimony pursuant to HRS 92 (Sunshine Law) Being that there was no one in the audience, there was no public testimony. Commissioner Ono noted that Vice Chair Gegen forgot to do roll call at the beginning of the meeting. The meeting proceeded with roll call of Commissioners and the Deputy County Attorney, Unfinished H.1. Com ilation and evaluation of 2015 public input process and the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 I'._ SUBJECT DISCUSSION ACTION Business (for development of a biennial list of priority projects and 2015 Report to the Action) Kauai County Council and the Mayor. [deferred from 11/11/15, 12/10/151 Vice Chair Gegen noted that he had two (2) questions. The first one was on Page 2 of the Executive Summary regarding "Access to Kukui`ula Bay ". He stated that there was no verbiage for the status, so he asked the Commission if they wanted to include something to the effect of that it is currently in Council's hands. Chair Figaroa entered the meeting at 1:19 p.m. Ms. Higuchi - Sayegusa stated that what she heard from Deputy Planning Director Kaaina Hull was that he was trying to clarify what the highlights were in the report; however, he did not receive a response from Ms. Sadora. She noted that if they wanted to fill in the blank, they could have that discussion. Vice Chair Gegen stated that he believed it was the wish of the Commission to include a brief status in the Executive Summary portion of the report. He suggested to include something to the effect of "Presented to the Council per Director Dahilig on "x" date" to let Council know that it is in their hands. Chair Figaroa agreed with Vice Chair Gegen regarding the statuses. He added that Council would definitely like to be informed. Chair Figaroa asked if they are waiting on the status of the "Restoration and Expansion of Shoreline Access, Lawa`i Kai to Port Allen" to which Vice Chair Gegen replied yes. Vice Chair Gegen stated that the Commission hasn't taken any direction or tried to acquire property there. He thought it was_ artially out of respect for the process that's currently Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 am SUBJECT DISCUSSION ACTION going on with NTBG (National Tropical Botanical Garden), and the shoreline being protected the way it is. Commissioner T. Blake explained that research is currently being done on the access from Lawa`i Kai to Hanapepe Bay. He noted that there are three (3) ahupua`a in that area; Wahiawa, Kalaheo, and Lawa`i. Commissioner T. Blake stated that the coffee company is concerned about their spraying and traffic when they harvest because they don't know where they are going to harvest. He provided some history about the area stating that a group of fishermen from Hanapepe, including Dr. Donald Kawane, are upset because they were previously told by A &B that they would continue to have access to the shoreline if they opposed moving the County dump near the coffee fields. However, the area is currently fenced off with barbed wire. Commissioner T. Blake stated that they are trying to look for solutions with a win -win situation. They currently have two (2) suggestions on how to circumvent the situation. It's just a matter of everyone knowing what their kuleana is. He felt that it could be a model for the rest of the island. Vice Chair Gegen suggested to note that the property remains as "on- hold ", but they are awaiting community input for further action as the status. Chair Figaroa asked for the group's name to which Vice Chair Gegen replied that it's just a bunch of fishermen from Hanapepe who started the conversation. Chair Figaroa asked Commissioner T. Blake if he's saying that the group spoke to County officials to negotiate the shoreline access to which Commissioner T. Blake replied no. Commissioner T. Blake stated that Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 SUBJECT DISCUSSION ACTION A &B was against relocating the County dump in the ahupua`a of Kalaheo because it would interfere with their farming operations. A &B told the community that they would protect the shoreline access. Commissioner T. Blake explained that after a few months passed, the area after the graveyard was fenced off with barbed wire and no trespassing signs, so the fishermen would have to park their cars there and walk down the coastline carrying all of their items instead of the luxury of having their cars nearby. Commissioner Hayashi stated that it was brought to her attention that about three (3) or four (4) months ago, another fence was placed there, so there is absolutely no access now. Commissioner T. Blake reiterated that the best way to approach this is to come up with a win -win situation. He stated that they felt that they have been discussing a win -win situation, but it's a matter of ironing out the details. Vice Chair Gegen stated that for the status, he will note that the Commission is aware of discussions between the community and the landowner, and they will keep it on their list and participate if needed. Commissioner Hayashi asked if they could ask Tom Shigemoto to attend an Open Space Commission meeting. She stated that she found out from the public that there are problems with the permitting process. Vice Chair Gegen stated that would probably be a good idea. He added that it could be a suggestion for the Chair to ask Tom Shigemoto to attend March's meeting. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 7 SUBJECT DISCUSSION ACTION Ms. Higuchi - Sayegusa noted that they can discuss it during the Next Meeting Date and Agenda Topics portion of the agenda. Chair Figaroa stated that he liked Vice Chair Gegen's proposed status. Vice Chair Gegen stated that under "Program Background ", they need to ensure that the correct ordinance is referenced there. On Page 7, under the "Access to Kukui`ula Bay through Former Hoban Property ", Vice Chair Gegen stated that he would delete "add current actions" and the first sentence. He also suggested removing the third to the last sentence, starting from "As such..." to "...alternatives ". Chair Figaroa agreed, stating that would be correct since they are no longer looking for alternatives. Vice Chair Gegen stated that there weren't any other changes that he seen. Chair Figaroa asked if "progress" in "Current Dossier Progress" will be changed to "process" to which Vice Chair Gegen replied that he thought it was "progress" because that is the progress that the Commission has made so far. Commissioner T. Blake noted that he forgot to mention something in regards to the access to the coastline from Lawa`i to Hanapepe. He stated that it is being looked at very closely and the information he spoke about is coming through Na Ala Hele on the State level. Commissioner T. Blake added that Na Ala Hele initiated talks with Kauai Coffee two (2) years ago regarding access. He reiterated that they did their research and once it is fine- tuned, it will be submitted to the Na Ala Hele Council, a State Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 SUBJECT DISCUSSION ACTION DOFAW (Division of Forestry and Wildlife) Council. Vice Chair Gegen stated that it's good to hear an update and understand a little more about what is going on. Vice Chair Gegen asked if there were any other additions or revisions to the report to which Commissioner R. Blake replied yes. Commissioner R. Blake suggested to make a comment under the "Status of the Fund" section of the report to note that the Commission set aside "x" amount for certain projects. He added that it would show Council that the fund is not in a deficit. Chair Figaroa agreed with Commissioner R. Blake's suggestion. Commissioner T. Blake asked how they would budget for a property like Hoban. He stated that it could cost $100,000 or it could cost $1 million. Ms. Higuchi - Sayegusa noted that it depends on when the appraisal is completed. Commissioner R. Blake stated that the Commission voted to set a limit on how much they wanted to contribute. He added that they could note that "x" amount is how much they have recommended at one point. Commissioner T. Blake understood what Commissioner R. Blake said, but he had some concerns. Commissioner T. Blake stated that he didn't know if it would be detrimental to the Commission to note that they would only spend "x" amount on a specific property because the seller might increase the price. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 SUBJECT DISCUSSION ACTION Chair Figaroa stated that he saw where Commissioner T. Blake was coming from. He noted that the reason why he agreed with Commissioner R. Blake was because from his experience with presenting to Council, Council always asked them, "what are they doing with the money ?" Chair Figaroa added that Council thinks the Commission is just sitting on the money. He stated that it would show Council that they are actually doing something with the money. Commissioner R. Blake referenced Section 1 -5 -4 (b) of their proposed rules, "Cost for the acquisition is commensurate to the public interest served." He stated that he thought they needed to start communicating to Council that they are trying to exercise their fiduciary responsibility to look at reasonably priced properties and make recommendations. Chair Figaroa proposed to include a note, after the balance of the fund, of the projects and the approximate amounts that would be needed for those specific projects. Vice Chair Gegen suggested to include a note stating something to the effect of "We anticipate this fund to deplete quickly given the items on- hold as they move forward." Commissioner T. Blake and Chair Figaroa agreed with Vice Chair Gegen's suggestion. Commissioner Dela Cruz stated that it sounded better. Vice Chair Gegen explained that it would inform the Council that the Commission is aware of their fund balance, but they are also aware that Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 10 SUBJECT DISCUSSION ACTION they have properties on -hold that they need the money for. Commissioner T. Blake added that in talks with various Councilmembers, they informed him that if the Commission recommends a good project, they will find the funds for it. Vice Chair Gegen stated that they could explain to Council that they do have a fair amount of funds in their account, but in looking at their projects, the fund could be depleted fairly quickly. Chair Figaroa asked if they could include a proposed amount in the status of each property. Commissioner Hayashi asked if they would use the higher end of a proposed amount to which Vice Chair Gegen replied that if they used the higher end, then it would be the starting point for the seller. Commissioner Ono stated that she thought it would be better to not include any dollar amounts. Commissioner T. Blake agreed. He added that if they include a price, it would be like bargaining against yourself. Vice Chair Gegen stated that was his concern as well. Chair Figaroa asked if there were any other questions, comments, or suggestions to which there were none. He requested a motion to adopt the report per the revisions, and to send it through once the revisions are made. Vice Chair Gegen moved to adopt the report with the revisions as stated and to send it through Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 11 SUBJECT DISCUSSION ACTION once those revisions are made. Commissioner R. Blake seconded the motion. Discussion: Commissioner T. Blake asked if the motion was to accept the report to which Chair Figaroa replied yes, as corrected. Commissioner T. Blake noted that on Page 10, NTBG seems like the main player in the current dossier process; however, they only play a small part because their part of the coastline is right at the western point of Lawa`i Kai. He noted that "the big dog" is Kauai Coffee. Administrator Furfaro entered the meeting at 1:51 p.m. Chair Figaroa asked if he wanted to reword it to which Commissioner T. Blake replied yes. Mr. Hull entered the meeting at 1:52 p.m. Commissioner Hayashi asked if it should be A &B to which Commissioner T. Blake replied that A &B is the landowner, but they had to talk to Kauai Coffee. Commissioner T. Blake added that Kauai Coffee ran the meeting. Vice Chair Gegen asked what stroke him as most concerning in the paragraph to which Commissioner T. Blake replied that Commissioner Ono was putting something together. Commissioner T. Blake stated that he will send the name of the western point of Lawa`i Kai to Duke Nakamatsu. Commissioner Ono noted that the second to last sentence should read, "The Commission intends on also reviewing the access protocol instituted by Kauai Coffee Company for access to the shoreline from the western edge (Commissioner T. Blake will provide the name) of Lawa`i Kai to Port Allen." Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 12 SUBJECT DISCUSSION ACTION Chair Figaroa rephrased it as "the western edge known as (name) from Lawa`i Kai to Port Allen." Chair Figaroa asked if there were any other comments or revisions to which Commissioner T. Blake replied yes, on the top of Page 10. Commissioner T. Blake stated asked if the first sentence meant that the Commission could use funds or if they weren't going to use funds because he thought that they agreed to use some funds for that property. The first sentence read, "Previously, the Commission felt the Fund could be used to acquire the property where the Nukumoi Surf Shop is located." Administrator Furfaro left the meeting at 1:56 Vice Chair Gegen agreed and asked if they should remove the word p.m. "previously" to which Commissioner T. Blake replied that they should make it a little clearer. Commissioner T. Blake suggested to say that the Commission will be funding part of the acquisition. Vice Chair Gegen suggested, "The Commission believes the fund could be used to assist in acquiring the property where Nukumoi Surf Shop is located." Commissioner T. Blake stated that he thought they were stronger in their terms when they spoke with Kaneiolouma. He noted that there were no "maybes "; they all felt that they should help. Chair Figaroa recommended, "The Commission agreed to utilize a portion of the funds to assist in the acquisition of this parcel." Commissioner R. Blake suggested to say that the Commission would participate in a joint acquisition. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 13 SUBJECT DISCUSSION ACTION Vice Chair Gegen stated that he didn't know if the County wanted to take ownership. Commissioner T. Blake stated that the area is a County park, except for the Nukumoi parcel. He added that he would imagine that the County would want to own the parcel as an expansion of the park if it was purchased, and Administrator Furfaro returned to the meeting at increase the current stewardship agreement with Kaneiolouma to include 1:58 p.m. that parcel. Chair Figaroa stated that he thought the word "assist" accomplished what Commissioner T. Blake was trying to get at. He repeated the sentence for the record, "The Commission has agreed to utilize a portion of the funds to assist in the acquisition of the property where the Nukumoi Surf Shop is located." Chair Figaroa asked if there were any other revisions to which Commissioner T. Blake replied yes, on Page 9. Commissioner T. Blake read the following, "...request termination of a State Department of Land and Natural Resources annual revocable permit for State -owned lands westward and mauka of the salt pans and beach park and to seek an Executive Order to the County of Kauai for public recreational and cultural preservation purposes." He suggested to be a little more specific in regards to the cultural preservation purposes to have a better presentation. He noted that they are purchasing it to protect the salt beds. Vice Chair Gegen suggested to have it read as, "...for public recreation and cultural preservation of the salt pans." Commissioner Hayashi stated that in their community association, they are Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 14 SUBJECT DISCUSSION ACTION doing a survey in the area because there are historical sites within the area that they are currently mapping out. She asked the Commission to place a hold on this for now. Commissioner Hayashi added that there are two (2) heiaus on the point. She mentioned that there are three (3) parties who are working on the remaining historical and cultural remnants. Vice Chair Gegen asked if it would make sense to say, "...for public recreational and cultural preservation of the salt pans and potential historical sites." He explained that he was trying to be more specific. Vice Chair Gegen asked if they should revise it because it was what was written in prior reports. Ms. Higuchi - Sayegusa stated that the agenda item is to update the Commission's report that will be sent to Council for their review. She added that they can work on the next steps in future meetings. Commissioner Ono asked when the report is due to the Council to which Vice Chair Gegen replied whenever the Commission approves it. Vice Chair Gegen stated that the new proposed rules state that in an ideal situation, the Commission would approve the report in their January meeting, and then it would be presented to Council. If not the January meeting, then the next subsequent meeting. Mr. Hull explained that January, or the closest time thereafter, would generally be the time that the Commission would want the report to be transmitted to Council because it comes in line when Council is reviewing the budget. He added that the report is not transmitted to Council until the Commission adopts it. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 15 SUBJECT DISCUSSION ACTION Ms. Higuchi - Sayegusa noted that a motion and a second was still on the floor. Chair Figaroa asked if there was further discussion. To finalize the last discussion, Vice Chair Gegen stated that he wouldn't revise the verbiage because it is noted in the report that that language was a previous concern identified in prior reports. With that, Chair Figaroa called for the vote. Motion carried 7:0 The Commission recessed this portion of the meeting at 2:08 p.m. The Commission reconvened this portion of the meeting at 2:18 p.m. with five (5) Commissioners present. Commissioner T. Blake entered the meeting at 2:19 p.m. H.2. Review and discussion on 4.860 -acre archaeological parcel in Po`ipu Commissioner T. Blake recused himself located at TMK: (4) 2 -8 -031 -199. (deferred from 12/10/151 As previously discussed earlier in the meeting, Chair Figaroa requested for a motion to defer this agenda item to the next meeting. He noted for the record that Commissioner T. Blake will be recusing himself when this item is taken up at the next meeting. Vice Chair Gegen moved to defer this agenda item to the next meeting. Commissioner R. Blake seconded the motion. Motion carried 5:0 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 SUBJECT DISCUSSION ACTION H.3. Review and discussion on presentation to Council on June 24, 2015 Commissioner T. Blake entered the meeting at regarding PL 2015 -01 Communication (05/07/2015) from Council Chair 2:20 p.m. Rapozo requesting the presence of the Planning Director and the County Attorney to explain 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. [deferred from 12/10/151 Mr. Hull explained that the Commissioners reviewed the proposed draft rules at the previous Commission meeting. He noted that there were a couple of points that the Commission wanted to be further clarified or added. The first one concerned the review and recommendation and possible barriers for Staff to transmit certain recommendations to the Commission within the next meeting in Section 1 -5 -3, Department Review and Recommendation. The Department proposed that within forty-five (45) days of receiving a proposal, the Department will transmit a preliminary report to the Commission for public proposals. Mr. Hull stated that if Staff is able to provide the preliminary report at the next meeting, which could be thirty (3 0) days or ten (10) days, they will. He noted that the Commission should receive the preliminary report within at least two (2) meetings. The second issue was to clarify who would represent the Commission before the Council when the biennial report and /or the dossier recommendation is taken up. Mr. Hull referred to Page 3, subsection (e), above Section 1 -5 -7. He read, "The Chairperson or a Commissioner appointed by the Chairperson shall represent the Commission before the Council during the presentation at the biennial report. At the discretion of the Planning Director, a representative of the Planning Department may Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 17 SUBJECT DISCUSSION ACTION accompany the Commission representative during the presentation." Mr. Hull stated that it would ensure that the Commission will have either the Chair or someone appointed by the Chair to represent the body at the Council briefing. He noted that the same language is included on the last page for the dossier process as well. Mr. Hull added that the County Attorney made some grammatical edits; however, nothing substantive was included. Vice Chair Gegen stated that he believed Subsection (d) in Section 1 -5 -7, was added into the report. He explained that it meant the Council and the Mayor will receive the Commission's recommendation within thirty (30) days. In regards to the second part of Subsection (d), "The transmittal shall request a response from the Council within 120 days of its receipt of the transmittal ", Mr. Hull explained that it says to the Council to follow -up as well. He added that Council can opt not to provide a response, but at least it says, to a certain degree, that the ball is in their court. Vice Chair Gegen stated that he believed the Department has addressed his concerns. Mr. Hull wanted to reiterate that they would request a response from Council, and Council can opt not to. Commissioner R. Blake asked when is the proposed draft rules no longer a draft to which Mr. Hull replied that the parameters under which rules are adopted is that it has to be reviewed by the Small Business Regulatory Review Board, which is a State Commission. Mr. Hull stated that if the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 SUBJECT DISCUSSION ACTION Commission is okay with the language in the proposed draft rules, he and the County Attorney would travel to Oahu to meet with the Small Business Regulatory Review Board to see if they have any input, which is required under State law. He added that if the Board proposes any amendments, they would entertain them and bring them back to the Commission for their review. If there are no amendments, the rules would be brought back to the Commission for adoption. Mr. Hull stated that if Commissioner Ono entered the meeting at 2:27 the Commission is ready, Staff will initiate the official draft policy p.m1 document to present to the Small Business Regulatory Review Board. He noted that it would be sent to the Board as an official draft, then it would return to the Commission and be placed on the agenda as draft rule adoption. Mr. Hull added that they would be required to publish the public hearing date for the review of the draft rules in the newspaper. Chair Figaroa asked if the Commission accepts the proposed draft rules, then it would go through that process to which Mr. Hull replied yes. Mr. Hull stated that if there is no further discussion, the Department can feel comfortable in officially issuing it as the draft rules. They will present to the Board and return to the Commission in March, if the Board is content with the language, for their consideration and adoption. Commissioner T. Blake moved to have the draft rules go before the Small Business Regulatory Review Board for their review. Vice Chair Gegen seconded the motion. Discussion: Commissioner R. Blake referred to Section 1 -5 -4 (b), "Cost for the acquisition is commensurate to the public interest served. The Cost may be shared by other parties." He stated that his point was that the Commission Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 19 SUBJECT DISCUSSION ACTION is going to adopt these rules but they are going to send the biennial report to Council that does not discuss the cost of the items that are in the report. Commissioner R. Blake added that all of the Commission's discussions are open to the public, so they aren't hiding anything. Vice Chair Gegen stated for clarification that when the Commission starts to discuss the costs and the appraisals, they will go into executive session. He added that Section 1 -5 -4 (b) is ensuring that the Commission understands that they may ask another organization or someone to help carry the burden of potential acquisitions. Commissioner R. Blake asked if they are going to go into executive session to keep it private, and then share it. Vice Chair Gegen explained that with the Hoban property, the Commission approved an amount to get an appraisal, which was done in open session. When the appraisal came back, the Commission went into executive session to discuss the results. Vice Chair Gegen stated that they didn't want to "show their cards" to landowner's attorney that was sitting in the audience. Ms. Higuchi - Sayegusa stated that Section 1 -5 -4 (b) is a criteria that the Commission has in analyzing whether or not a recommendation will be sent to Council for acquisition. Mr. Hull stated that there will be acquisitions in which there are no partnerships and the fund would be used solely by itself for acquisition, but in the event that they are able to secure partners in acquisition, they wanted to ensure that the rules wouldn't preclude that. With no further discussion, Chair Figaroa called for the vote. Motion carried 7:0 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 20 SUBJECT DISCUSSION ACTION New Business There was no New Business for Action. for Action Next Meeting Chair Figaroa announced the next meeting date is Thursday, February 11, Date and 2016, at 1:00 p.m. at the Mo'ikeha Building — Meeting Room 2A/2B. Agenda Topics for Discussion Chair Figaroa stated that agenda item H.2. will be on the next meeting's agenda. He noted that they will invite Tom Shigemoto to attend the meeting as well. Commissioner T. Blake asked if they should invite Tom Shigemoto to attend the next meeting or wait until they receive more information. Vice Chair Gegen asked if he is suggesting to wait until the March meeting to which Commissioner T. Blake replied yes. Chair Figaroa reiterated that the next meeting date is February 11 `f', and they will be have the presentation from HILT regarding agenda item H.2. Mr. Hull noted that Ms. Anderson from HILT served as a Commissioner for the County of Kauai, so she currently cannot speak to any Boards or Commissions on a specific acquisition. She must wait one (1) year before she can appear on behalf of a specific interest. Mr. Hull clarified that Ms. Anderson has to give a presentation in the generality of how partnerships with HILT in the acquisition of properties would work. It will more or less be a workshop -type discussion. Vice Chair Gegen suggested to have two (2) items on the next meeting's agenda. One would be the presentation from HILT, and the other would be to discuss the parcel in relation to the information that they will receive. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 21 SUBJECT DISCUSSION ACTION Chair Figaroa agreed and asked the Commissioners if there was anything else they wanted to include. Vice Chair Gegen announced that he will not be present at the next meeting. Chair Figaroa turned the floor over to Administrator Furfaro. Administrator Furfaro shared that seventeen (17) names were sent to Council for reappointments. All, except two (2), were reappointed yesterday. Administrator Furfaro provided documentation on density to Mr. Hull. Administrator Furfaro stated that he had a discussion with the Planning Director and it came up with the Queen Emma parcel that was on the Commission's acquisition list. Administrator Furfaro noted that there seemed to be some confusion regarding the density level on Ag parcels and the density level on Open Space. As an example, he explained that the seven (7) lots relating to the Queen Emma parcel is actually on Open land and the density has a different calculation, which could actually be denser than Ag land. Administrator Furfaro noted that there are subcategories for Open Space, which are Open Space - Cultural, Open Space- Historic, and Open Space - Preservation. He stated that the Commissioners should be aware of it because it places different values on the property. Administrator Furfaro thought that the Commission might want to have some discussion on that, so he requested for it to be placed on the agenda. Mr. Hull stated that as far as the Queen Emma parcel, it has been moved Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 22 SUBJECT DISCUSSION ACTION off of the acquisition list and that is why the discussion didn't happen. He noted that if the Commission wanted to have a discussion on how density works within the Open zoning, as well as how certain Open -zoned designations and criteria have been established, they can have a presentation at the next meeting. Mr. Hull stated that it wouldn't be a bad idea because often times Open Space zoning is confused with Open Space acquisitions, which are two (2) very different animals. Chair Figaroa asked if they could add it to their March agenda to which Mr. Hull replied yes. Commissioner T. Blake asked if the Queen Emma parcel is still being discussed to which Chair Figaroa replied that it is currently in escrow. Commissioner T. Blake stated that one of the criteria was that it would be safe and with minimum liability for the County. He noted that Civil Beat has been talking about how many tourist die in Hawai'i, which have all been drownings. Commissioner T. Blake stated that Queen's Bath was No.I with twenty -eight (28) drownings. He believed that anything they do to enhance Queen's Bath puts the onus on the County because it's private property. Commissioner R. Blake called a point of order. He noted that the Commission is past their agenda item for discussion and that the Commission voted down any discussion of Queen Emma's Bath. Commissioner T. Blake stated that was all he wanted to bring up because it came up again and he thought it was over. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session January 14, 2016 Page 23 SUBJECT DISCUSSION ACTION Chair Figaroa confirmed that the Queen Emma parcel was no longer one of their potential acquisitions. Administrator Furfaro explained that he approached the Commission earlier because there seemed to be some confusion about the zoning. He stated that the purpose of his request was because he thought there was a question about the density with Open -zoned land. It wasn't specifically about Queen's Bath. With no further discussion, the meeting was adjourned. Adjournment 0 Chair Figaroa adjourned the meeting at 2:43 p.m. P Submitted by/' (, rcie Agaran, Staff Support Clerk () Approved as circulated () Approved as amended. See minutes of meeting. Reviewed and Approved by: Joseph Figaroa, Chair