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HomeMy WebLinkAbout2016-3-10OpenSpaceMinutesApprovedAlro w : a COUNTY OF KAUAI �� . . e Minutes of Meeting OPEN SESSION Board /Committee: Public Access, Open Space and Natural Meeting Date March 10, 2016 Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:26 p.m. End of Meeting: 3:06 p.m. Present Members: Chair Joseph Figaroa (entered at 1:36p.m.), Vice Chair Patrick Gegen (entered at 2:00 p.m), Linda Dela Cruz, Teddy Blake, Dorothea Hayashi, Shaylyn Kimura, Jett Jasper Also present: Deputy County Attorney Jodi Higuchi - Sayegusa; Planning Department Staff. Duke Nakamatsu, , Nani Sadora, Kaaina Hull (entered at 1:29 p.m); Boards and Commissions Staff. Administrator Jay Furfaro (left at 2:30 p.m), Support Clerk Darcie Agaran Excused Karen Ono, Randall Blake Absent SUBJECT DISCUSSION ACTION Swearing In of Prior to the start of the meeting, Council Administrative Assistant Eddie Commissioners Topenio gave the Oath of Office to reappointed Commission Members Teddy Blake and Dorothea Hayashi, Call To Order With Chair Figaroa and Vice Chair Gegen running late, Deputy County Attorney Jodi Higuchi - Sayegusa asked the Commissioners if they wanted to make a motion to temporarily appoint a Chairperson to conduct the meeting until the Chair or Vice Chair arrives. Commissioner Dela Cruz moved to appoint Commissioner T. Blake as pro tem Chair. Commissioner Hayashi seconded the motion. Motion carried 5:0 Chair pro tem T. Blake called the meeting to order at 1:26 p.m. with five (5) Commissioners present constituting a quorum. The meeting resumed with a roll call of the Commissioners, Planning Staff, and the Deputy County Attorney. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 2 SUBJECT DISCUSSION ACTION Chair pro tem T. Blake noted that Item A on the agenda was taken up before the meeting started. He also noted that Commissioner Dela Cruz was recognized for her service on the Commission. Chair pro tern T. Blake wanted to take a moment to thank Commissioner Dela Cruz for being a guiding light for the new Commissioners and for steering the course for the Commission. Announcements Ms. Sadora announced that they are the host of the Hawaii Congress of Deputy Planning Director Kaaina Hull entered Planning Officials (HCPO) this year. She stated that it will be held at the the meeting at 1:29 p.m. Grand Hyatt Kauai from September 21 through September 23, 2016. She noted that the last HCPO held on Kauai was in 2011. Ms. Sadora stated that the Department will probably make arrangements for all Commissioners to attend this year, provided that it fits their schedule, since they are the host. She noted that usually one (1) or two (2) Commissioners are able to attend when the conference is held on the neighbor islands. Ms. Sadora added that they are starting to receive the website registration information, and that a formal flyer will be forwarded to the Commissioners so they can save the date. She explained that the conference includes a series of sessions where there will be plenary speakers. Ms. Sadora noted that the conference starts from 8 o'clock in the morning and there will be evening dinner events that include evening plenaries with guest speakers. She added that they will have mobile tours on the opening day. Approval of Going back to Approval of Agenda, Chair pro tern T. Blake requested for a Agenda motion to approve the agenda. Commissioner Japser moved to approve the agenda. Commissioner Dela Cruz seconded the motion. Motion carried 5:0 Approval of E.1. Minutes of January 14, 2016 Meeting Minutes Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 3 SUBJECT DISCUSSION ACTION Chair pro tem T. Blake called for a motion to approve the meeting minutes of January 14, 2016. Commissioner Jasper moved to approve the meeting minutes of January 14, 2016. Commissioner Dela Cruz seconded the motion. Motion carried 5:0 Receipt of Items There were no items to receive for the record. for the Record Hearings and Public Comment G.1. New Public Hearing a. Proposed amendments to Rules of Practice and Procedure of the County of Kauai Public Access, Open Space, and Natural Resources Preservation Fund Commission. G.2. All remaining public testimony pursuant to HRS 92 (Sunshine Law) Chair pro tem T. Blake called for any public testimony on any agenda item to which there were none. Chair pro tem T. Blake stated that he wanted to recuse himself from agenda item H.1., but if he did, they wouldn't have quorum. He requested for a motion to table Item H.1. to the later part of the meeting. Commissioner Jasper moved to table Item H.1. and take the item up later in the meeting. Commissioner Kimura seconded the motion. Motion carried 5:0 Chair pro tem T. Blake read Item G.1.a. for the record. Deputy Planning Director Kaaina Hull noted that the draft rules that were in front of the Commission were the exact rules that the Commission reviewed in the prior Commission meeting. He explained that it was officially taken to the Small Business Regulatory Review Board for their Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 LM SUBJECT DISCUSSION ACTION review and the Board was in approval of the draft rules, so now they were holding the official public hearing. Mr. Hull added that if the Commissioners wanted to discuss or propose any type of amendments, they could do so. Ms. Higuchi - Sayegusa noted that the draft rules were opened up and vetted by the Commission at their January 14ffi meeting. She reiterated that it was provided to the Small Business Regulatory Review Board for their review, and that they were now in the formal public hearing process under Chapter 91. Ms. Higuchi - Sayegusa stated that the public notice was posted at Council, at the Department, online, and published in the newspaper pursuant to their rules and Chapter 91. She added that the hearing afforded all interested parties to weigh in and the opportunity to submit data, arguments, etc. to help shape the rules. Ms. Higuchi - Sayegusa stated that as a result of the hearing, the Commission would have to decide if they wanted to take action, which would be to move to adopt the rules. If the Commission wanted to amend the rules in any way, they could have that discussion. She also stated that the Commission could defer the item if they felt they needed a little more time to make a decision. Ms. Higuchi- Chair Figaroa entered the meeting at 1:36 p.m. Sayegusa explained that after the rules are adopted by the Commission, the rules would need to be approved by the Mayor. If the Mayor approves, the rules become effective ten (10) days following the Mayor's approval. In addition, Ms. Higuchi - Sayegusa noted that she and Mr. Hull will have to correspond back with the Small Business Regulatory Review Board to provide an update on the Commission's discussion. Mr. Hull explained that the formal process would have been to provide the draft rules to the Small Business Regulatory Review Board first, then it would be brought to the Commission, and then they would hold the public Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 SUBJECT DISCUSSION ACTION hearing. He stated that they wanted to ensure that all of the issues were vetted first, which is why it was semi - formally brought it to the Commission in the past few months to make sure everyone was on the same page before submitting it to the Small Business Regulatory Review Board. Mr. Hull noted that it might have seemed confusing that they were discussing the draft rules again, but it was the official public hearing for the Commission to discuss the rules. He stated that they anticipated that the Commission wouldn't have any problems with the draft rules because it was vetted previously; however, the Commissioners were allowed to make a motion for any amendments. Chair pro tem T. Blake asked if it would be the appropriate time if the Commission wanted to include something to which Mr. Hull replied yes. Chair pro tem T. Blake asked how long it would take for a proposition to be included in the rules to which Mr. Hull replied that it depends on the proposal. Mr. Hull stated that if the proposal was non - substantive, then it could potentially be acted upon immediately, but if there were substantial changes, the County Attorney would determine if it would need to return to Oahu for the Small Business Regulatory Review Board's review. Chair pro tem T. Blake asked if the draft rules would need to return to Oahu anyway to which Ms. Higuchi - Sayegusa replied that it would be more of a correspondence back. Ms. Higuchi - Sayegusa stated that if there were any major changes, she wasn't sure if it would need to be vetted further. She added that the purpose of the meeting was to discuss any potential amendments. Mr. Hull noted that if Chair pro tem T. Blake had any proposed Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 mom SUBJECT DISCUSSION ACTION amendments, he could bring it up and Ms. Higuchi - Sayegusa could weigh in on whether it would require further review and action by the Small Business Regulatory Review Board. Chair pro tem T. Blake inquired about forming a possible committee that would be responsible for developing a list of the Commission's current recommendations. The list would include information that is needed for each recommendation to move forward. He felt that it would be a useful tool to keep the Commissioners updated, especially when members of the public question the Commissioners on specific recommendations. Mr. Hull stated that the formation of a committee might require legislative action. As an example, he noted that the Subdivision Committee of the Planning Commission reviews subdivision proposals that are ultimately forwarded to the Planning Commission for action. Mr. Hull stated that the Subdivision Committee was established legislatively via an ordinance. He explained that the "committee" would have to focus on a theme of some sort, whether it be historic preservation projects, public access projects, agricultural projects, etc. However, if the concern was on a specific recommendation, Mr. Hull stated that the alternative course would be to form a Permitted Interaction Group, or a PIG. He noted that it would allow Commission members to discuss an agenda item offline and later report to the Commission when it has reached fruition. Mr. Hull added that the Commission could vote and form a PIG if they wanted to focus on Hoban, or any other project. Ms. Higuchi - Sayegusa confirmed that the ability to form a PIG was provided for under HRS 92. She stated that the PIG would need to be less than the amount of a quorum and the purpose of the PIG would need to be Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 7 SUBJECT DISCUSSION ACTION defined. Ms. Higuchi - Sayegusa requested for Chair pro tern T. Blake to acknowledge the arrival of Chair Figaroa and to formally turn the meeting over to him. Chair pro tem T. Blake announced the arrival of Chair Figaroa and turned the meeting over to him. Commissioner Hayashi asked if the Commission's Task Tracker would suffice to Commissioner T. Blake's concerns. Commissioner T. Blake stated that it would be easier if there was a committee that was familiar with the projects and a template that would show what information was missing in order to move forward with the acquisition process. Chair Figaroa thanked Commissioner T. Blake for sharing his concerns. Chair Figaroa explained that he, personally, came to a point where he had to remind himself that at the end of the day, the Commission acts in an advisory capacity. He added that when it comes to projects moving forward, the Commission can advocate for it with the current systems in place, but it is ultimately up to the decision - makers, which are the Mayor and Council. Commissioner T. Blake stated that he was not trying to act as a clearing house. He suggested to have a template that would help the Commission prioritize their projects. Commissioner T. Blake noted that in looking at the Commission's current report, it is hard to determine where each project Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 SUBJECT DISCUSSION ACTION is, so he felt that the template could point out the projects that are closer to acquisition and the projects that would require more work. Chair Figaroa thought that the Task Tracker would alleviate Commissioner T. Blake's concerns. Commissioner T. Blake replied that it was fine if the Commission already has something in place. Mr. Hull stated that the proposed draft rules ultimately set up a reporting process. He explained that the public would recommend a project and shortly thereafter, the Department will draft a preliminary report on the project. The preliminary report would include the basics of the location, size, ownership, potential costs, anticipated costs, and if it is anticipated to be a friendly or adversarial acquisition. Mr. Hull stated that if the Commission decides that it is not a great project, it could potentially get killed on that first preliminary report. However, if the Commission decides that it is a project that they would like to move forward on, the project would get the preliminary approval for Staff to take back and do further investigation into what it would take for acquisition. Mr. Hull stated that close to the end of the year, the preliminary reports would be folded into the final report. He added that the various details of acquisition and the Department's final recommendation for acquisition would be laid out in each preliminary report. Mr. Hull noted that at any point in time during the process, if the Department's further research concludes that it would be an adversarial relationship in which the cost would far exceed the commensurate amount of public good or public service, the Department would return to the Commission with a secondary report of recommendation to remove the project from the list. Likewise, if there are particular properties that receive preliminary approval for which Ms. Sadora is further investigating that the Commission would like an update Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 SUBJECT DISCUSSION ACTION on, she would return and report back to the Commission on exactly where it is through this process. Mr. Hull stated that the report would be further along than the initial recommendation, but it would not be quite at full fruition. It would include further details that would need to be vetted prior to final recommendation. Nonetheless, Mr. Hull felt that the process could lend itself to speak to Commissioner T. Blake's concerns. Commissioner Kimura asked if the Task Tracker is depleted with the adoption of the draft rules. She stated that she shared the same concerns as Commissioner T. Blake in not knowing the up -to- the - minute developments and status of each project. Commissioner Kimura added that if that is the means for the tracker, then it should be updated so the Commissioners can speak to it. Mr. Hull stated that technically the Task Tracker is not part of the draft rules; however, the rules do not preclude the Department from providing the Commission with the spreadsheet, essentially. Commissioner Kimura stated that it was her understanding that they were going to continue using the Task Tracker. She understood that it was going to be cleaned up and pared down so that the Commissioners could intelligently speak about any of the projects. Chair Figaroa stated that he understood how Commissioners T. Blake and Kimura felt because he felt the same way when he first served on the Commission. Chair Figaroa noted that he took the initiative to educate himself on each project so that he could provide answers when the public would approach him with questions, and he encouraged the Commissioners to do the same. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 10 SUBJECT DISCUSSION ACTION Commissioner Kimura stated that it is more along the lines of what piece(s) are missing from a possible acquisition to move forward. Ms. Sadora stated that the Task Tracker was an informational tool to keep the Commissioners apprised of the past discussions regarding potential recommendations. She noted that the Task Tracker was created because Commissioners were unable to recall the previous discussions when recommendations were brought up after not being discussed for a couple of months. Ms. Sadora explained that based on the current agenda items, she felt the Commission wouldn't need the Task Tracker, which is why she hasn't recently provided the Task Tracker. She stated that the Commission can continue to use the Task Tracker, which will be kept current based on what transpires from meeting to meeting. Ms. Sadora noted that it will be provided to the Commissioners at every meeting as part of their meeting packet so that they are always informed on the past discussions. She stated that it should take care of Commissioner T. Blake's concerns. Chair Figaroa stated that he thought having the Task Tracker available at every meeting was a good idea, and he thanked Ms. Sadora for that suggestion. Commissioner Hayashi felt that it was important to have the Task Tracker available at every meeting, especially for new Commissioners. Ms. Sadora noted that if a Commissioner would like to discuss an item that is included in the Task Tracker, s/he can bring it up and it can be included on the next meeting's agenda. Commissioner Kimura asked if the Small Business Regulatory Review Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 11 SUBJECT DISCUSSION ACTION Board had any input to which Mr. Hull replied that the Review Board had more or less questions about the potential impact of the rules on Kaua`i's small businesses. Mr. Hull responded to the Review Board by stating that it lends further clarity to the process. He noted that there is a small business potentially being impacted by one (1) of the recommendations for which the new process could further clarify and allow for further standing for that small business to potentially discuss and engage in the process. Mr. Hull added that the Small Business Regulatory Review Board requested for follow up as well from any small businesses after the public hearing. Commissioner T. Blake requested for an explanation on what needs to be done regarding the Small Business Regulatory Review Board. Ms. Higuchi - Sayegusa stated that under HRS, it is required that any rule passed by any Board or Commission or Agency throughout the State needs to be reviewed by the Small Business Regulatory Review Board for any small business effects. Commissioner Gegen entered the meeting at 2:00 p.m. Commissioner T. Blake asked if SBA (Small Business Association) chimes in on the rules to which Ms. Higuchi - Sayegusa replied just as far as the small business effects. Commissioner T. Blake asked how small business relates to the Open Space Commission to which Mr. Hull replied that open space as a whole can affect small businesses in the essence of if it's a business in tourism, if it's a business providing services, etc. Mr. Hull stated that if the Commission is looking at acquiring an area that impacts or is actually the small business itself, then that would be another potential impact. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 12 SUBJECT DISCUSSION ACTION Commissioner T. Blake asked how that impact would be reviewed by SBA and if the Commission would "water down" historical and cultural sites because there is an impact to a small business to which Mr. Hull replied no. Mr. Hull explained that the draft rules lend further clarity for the process whereby if a small business is impacted, they can succinctly review the rules and see in which manner the recommendation is being made. Ms. Higuchi- Sayegusa stated that the law also allows the Small Business Regulatory Review Board to suggest any mitigation measures to be reflected in any rule; however, they did not have any suggestions or concerns with the draft rules. Commissioner T. Blake reiterated that the Open Space Commission is an advisory board. He questioned why the Small Business Regulatory Review Board is going through the Open Space Commission when it should be Council instead. Mr. Hull replied that the Small Business Regulatory Review Board is just a necessary check and that it is required by law. Ms. Higuchi - Sayegusa stated that the Commissioners needed to decide whether to move forward and approve the rules, amend the rules, or defer their decision, if they needed more time. She noted that the ideal motion would be to adopt or amend the rules. Commissioner Gegen apologized for his late arrival and asked if there was a motion on the floor to which Ms. Higuchi - Sayegusa replied no. Commissioner Gegen noted that he saw the addition of the timelines and asked if there were any other revisions to which Mr. Hull replied no. Mr. Hull stated that the Small Business Regulatory Review Board did not Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 13 SUBJECT DISCUSSION ACTION propose any additional amendments, nor did the Department. He reiterated that if there were any amendments to be entertained, that would be the time do so. Commissioner Kimura asked if there was a provision for future amendments to the rules to which Mr. Hull replied that the rules can be amended at any time. Commissioner Kimura stated that she thought there was a yearly or quarterly review of the rules. Mr. Hull reiterated that the Commissioners could propose amendments. He assured the Commission that action on the draft rules would not preclude any possibility of further amendments in the future. Commissioner Gegen noted that on Page 3, Section 1 -5 -7 Subsection (c), it references Sections 1 -5 -4 and 1 -5 -5; however, there was no Section 1 -5 -5 on Page 2, so Section 1 -5 -7 would need to be revised. He also suggested to revise the Section number for Biennial Report to "1 -5 -5" to remain in consecutive order. Ms. Higuchi - Sayegusa stated that the section number for Prohibitive Factor was deleted, which could be corrected. Mr. Hull apologized and stated that he wouldn't recommend revising Section 1 -5 -7. Instead, he noted that "1 -5 -5" should be included in front of "Prohibitive Factor" on Page 2. Commissioner Gegen asked if there was any timeline for the Department to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 MGM SUBJECT DISCUSSION ACTION provide an evaluation and recommendation for an acquisition under the Dossier Recommendation Process. Mr. Hull stated that he saw Commissioner Gegen's point in that he wanted to ensure that a potential dossier project does not get log jammed at the Department. Commissioner Gegen thought that issue was resolved, but Mr. Hull explained that they resolved the timeline on the public's recommendations. Mr. Hull further explained that for public recommendations, there is a timeline for the Department to provide the preliminary report within forty- five (45) days. If it receives preliminary approval, the timeline requirement on the Department would be the biennial report. The Department would need to provide their final report to the Commission by the time the biennial report is due. However, it is different for the dossier process because there is no deadline. Mr. Hull stated that he didn't know how to ensure that the Commission wouldn't have that log jam with the Department while also ensuring that the Department would have adequate time to provide a thorough review and analysis of the various intricacies of acquisition. Commissioner Gegen asked how thorough does it need to be before going to Council. He stated that they want to forward the recommendation to Council, inform Council of the process and that the Commission anticipated for it to take a while. Mr. Hull stated that the Department would want a recommendation to be fully vetted prior to being forwarded to Council through the dossier process. He added that they want to be able to inform Council that they Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 15 SUBJECT DISCUSSION ACTION have crossed every "t" and dotted every "i ", so the only thing that Council would need to do is approve the monies. Mr. Hull noted that if a recommendation is forwarded to Council without the full details of acquisition, the recommendation would not move forward. Mr. Hull requested additional time to draft some language that would speak to Commissioner Gegen's concerns. Commissioner Gegen stated that if the Commission proposes a recommendation for acquisition through the dossier process, it would mean that the Department would have done the due diligence on behalf of the Commission. Therefore, he felt that it wasn't necessary for the Department to request for a long period of time to provide their evaluation and recommendation to the Commission. Mr. Hull stated that Commissioner Gegen had a valid point. He added that the Department will establish a time period with an escape clause that would allow the Commission to extend additional time to the Department should the Commission feel additional time is warranted. Mr. Hull noted that he didn't have the specific language on hand. In regards to one of the Commission's recommendations, Commissioner Gegen mentioned that he would have felt more comfortable if the Department had presented it to Council with the explanation that the Department was not ready to weigh in and make their recommendation. Commissioner Gegen stated that at least the Commission would have done its job. Mr. Hull stated that it was a point well taken, and he noted that the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 SUBJECT DISCUSSION ACTION Department will draft some language to that effect. Mr. Hull added that the Department did not have any objections and would be in support of that type of language. Mr. Hull stated that the Department would request a deferral to provide additional language for Section 1 -5 -7, the Dossier Recommendation Process. Commissioner Gegen moved to defer this agenda item to the next meeting. Commissioner Jasper seconded the motion. Discussion: Mr. Hull announced to the Commission to bring forward any additional amendments that they wanted the Department to work on. Commissioner Gegen asked if they were allowed to send any amendments to Ms. Sadora in the next couple of weeks to which Mr. Hull replied yes. Ms. Higuchi- Sayegusa suggested to clarify for the record when the anticipated decision on the rules will be so that the republication won't have to be done. Commissioner Gegen asked if the date should be included in the motion to which Ms. Higuchi - Sayegusa replied yes. Commissioner Jasper withdrew his second and Commissioner Gegen withdrew his motion. Commissioner Gegen moved to defer this agenda item regarding rule making and final adoption of the rules to the next Commission meeting on April 14, 2016. Commissioner Jasper seconded the motion. Motion carried 7:0 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 17 SUBJECT DISCUSSION ACTION Unfinished Business (for H.1. Review and discussion on 4.860 -acre archaeological parcel in Poipu located at TMK: (4) 2 -8- 031 -199. (Deferred from 12/10/15 and 1/14/161 Action) Commissioner T. Blake stated that he would like to recuse himself from this agenda item. Commissioner T. Blake left the meeting at 2:20 p.m. Chair Figaroa noted for the record that Commissioner T. Blake recused himself. Commissioner Jasper asked if they were discussing the property next to Brennecke's to which Ms. Sadora replied no. Chair Figaroa stated that the property is in the new subdivision across from K61oa Landing. He added that there is a historical site in that subdivision. Chair Figaroa explained that they were in discussion about the site because the developer cannot build on that parcel. Ms. Sadora added that the Commission was entertaining the possibility of a conservation easement instead of acquisition of this parcel, which was why there has been a delay on any action to move forward. She noted that HILT (Hawaiian Islands Land Trust) agreed to present and explain to the Commission about conservation easements. Ms. Sadora stated that HILT's representative had a conflict in her schedule, which was why she wasn't present at the meeting. Ms. Sadora stated that the Executive Director for HILT, Angela Anderson, will be present at the Commission's April 141' meeting. Mr. Hull clarified that due to Ms. Anderson previously being on one of the County of Kaua`i's Commissions, she is not allowed to appear before any Body to discuss a specific project. He explained that Ms. Anderson will Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 SUBJECT DISCUSSION ACTION provide an overall background on what HILT does and what they can do in partnership with the Commission. Commissioner Gegen asked if there was any additional information and if there were any discussions between the nonprofit organization and the landowner. Ms. Sadora replied that the Commission's last acquisition plan stated that they were going to engage in contacting the landowner. However, she thought it was decided that they needed to understand the desire of the Commission first, whether it be a conservation easement or acquisition, before reaching out to anyone. Chair Figaroa asked if the Commission has already explored the conservation easement option for this parcel to which Ms. Sadora replied no. Ms. Sadora stated the Commission was waiting for the presentation from HILT. Chair Figaroa suggested to defer this item, and he asked if Ms. Anderson will be available at the next meeting to which Ms. Sadora replied that Ms. Anderson is confirmed to be at the April 14'h meeting. Commissioner Gegen moved to defer this agenda item as Unfinished Business to the April 14'' meeting. Commissioner Kimura seconded the motion. Motion carried 6:0 Chair Figaroa called for a 5- minute recess. The Commission recessed this portion of the meeting at 2:27 p.m. New Business (for Action) I.1. Planning Department's Request for Reconsideration of the 2015 Report Commissioner T. Blake returned to the meeting. Administrator Furfaro left the meeting at 2:30 to the Kauai County Council and the Mayor. p.m. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 SUBJECT DISCUSSION ACTION Chair Figaroa called the meeting back to order. The Commission reconvened this portion of the meeting at 2:34 p.m. Chair Figaroa asked if they are reconsidering the report to which Ms. Sadora replied yes. She apologized for not being present at the January meeting to provide clarification on some items prior to the Commission's review and decision for the report to become a final document. Ms. Sadora stated that the Commission needed to review and reconsider the information on Page 3 regarding the Evslin Property, as well as the information on Page 13. She noted that there wasn't any information in the previous report that was approved because she wasn't sure what the Commission wanted to include. Chair Figaroa noted that he liked the beginning portion of the write up. He suggested to add that the Commission researched and concluded that Davidson's Beach could be used as the main access. Commissioner Hayashi asked if they parked by Davidson's when they went on their field trip to which Commissioner Dela Cruz replied that Davidson's is where people surf. Commissioner Gegen asked if there was specific language that Chair Figaroa wanted to include to which he replied yes, but he needed to decide on the correct language. Commissioner Gegen noted that he was happy to make a motion on behalf of Chair Figaroa. Chair Figaroa asked if he would decide on the language on his own time to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 20 SUBJECT DISCUSSION ACTION which Ms. Sadora replied that the report is ready to be printed and circulated as the Commission's final report, so it would be great if they could decide on the additional language. For the Commissioners that didn't attend the field trip, Ms. Sadora explained that Mamo Road was where the bus was parked and where they walked out, which is actually a beach access. She noted that the Evslin Property was a distance away. Chair Figaroa asked if it was approximately 100 feet away to which Commissioner Gegen replied yes. Commissioner T. Blake felt that further explanation wasn't necessary because the Commission was no longer actively pursuing the property. Chair Figaroa stated that he wanted to explain because Council will question why it was no longer active. He wanted to clarify that the Commission reviewed all of the options. Chair Figaroa thought that it was important to reference the State parcel that is there. Chair Figaroa called for a 5- minute recess. The Commission recessed this portion of the meeting at 2:45 p.m. Chair Figaroa called the meeting back to order. The Commission reconvened this portion of the Chair Figaroa suggested that the second paragraph on Page 13 for the meeting at 2:50 p.m. Evslin Property should read as follows: "This property is bordered to the north of Kaumuali`i Highway in Kekaha with existing residential lots to the east and west, along with a Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 21 SUBJECT DISCUSSION ACTION parcel belonging to the State of Hawaii adjacent to the parcel. This property was first listed as a recommendation on the Open Space Report in 2009. This recommendation for acquisition as one of the last remaining makai vacant properties was discussed and reviewed by the Commission, and due to the current access location approximately 100 feet east of the proposed parcel, it was considered a major liability. The landowner came before the Commission in 2014 as a willing landowner to consider purchase of this privately held parcel for public shoreline access, cultural site protection and preservation of open space." Commissioner Gegen moved to adopt the report as written with one (1) modification as read. Commissioner Dela Cruz seconded the motion. Chair Figaroa asked if there was any discussion in regards to the amended language to which there were none. Ms. Sadora explained that the template used for their 2015 report was the template from the 2013 report. She stated that the 2011 report was referenced on Page 6 of their current report. Ms. Sadora noted that the current report referenced prior years on Pages 7 and 10 as well. She asked Mr. Hull left the meeting at 2:54 p.m. if the Commissioners wanted to leave the report as -is, replace the specified years with "past reports ", or remove the statements. Chair Figaroa suggested to remove the statements. Mr. Hull returned to the meeting at 2:55 p.m. Commissioner Gegen moved to amend the motion to include the removal of the statements referencing the prior years' reports. Commissioner Dela Cruz seconded the motion. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 22 SUBJECT DISCUSSION ACTION Discussion: Chair Figaroa reiterated that the statements that reference prior years' reports on Pages 6, 7, and 10 of the current report would be removed. With no further discussion, Chair Figaroa called for a vote on the amendment. Motion carried 7:0 Chair Figaroa called for a vote on the main motion as amended. Motion carried 7:0 Ms. Higuchi - Sayegusa stated that in discussions with Commissioner Kimura, Commissioner Kimura had something to share with the Commission. Commissioner Kimura stated that in regards to Kaluanono and Halulu Fishpond Access at Waipa on Page 2 of the report, she will be recusing herself from future discussions on those properties. She noted that she voted for it when representatives from Waipa and the Trust for Public Lands presented to the Commission back in April 2015; however, she was unaware at the time that those two (2) parcels, TMK: (4) 5 -6- 004:010 and 017, were her family's kuleana land. Commissioner Kimura stated that she will be defending her family's kuleana rights. Therefore, she will have to recuse herself from future discussions. Next Meeting Chair Figaroa announced the next meeting date is Thursday, April 14, 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 items G.1. and H.1. will be agenda topics for the next meeting on April 141n Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 Page 23 SUBJECT DISCUSSION ACTION Ms. Sadora stated that the Commission will probably need New Business for the presentation of the report to Council. Mr. Hull stated that there was discussion regarding the Department briefing the Commission on the differentiation between Open Space, Open Zoning, Special Treatment Open District and density, and its relationship or lack thereof with the Commission's duties. He added that it will probably be a 10- to 15- minute discussion on how the Open Zone works, how the Open Space Commission works in relation to it, how the Special Treatment Open Designation works, as well as the effect that densities in those respective areas have on the cost of acquisition. Mr. Hull noted that the Commission can set it as a future meeting agenda item. Ms. Sadora stated that Ms. Anderson's presentation on the conservation easement will be added to the agenda as well. Mr. Hull apologized for coming in late to the meeting, but he stated that the Commissioners may have noticed that the Commission is becoming more formalized with parliamentary procedures. He noted that for a long time, the Commission, as well as other Commissions, have operated in a much more informal process in which they can speak freely and speak their minds. Mr. Hull stated that Ms. Higuchi - Sayegusa is getting a bit more involved in injecting how motions are made and sometimes Administrator Furfaro will speak up as well, which is at the request of the Department. Mr. Hull stated that the Department understands and acknowledges that, to a certain degree, the Department has neglected the Commission, as well as another Commission, and they are trying to reorganize themselves and realize that there are priorities that need to be met. He added that the Department intends, through the formal rule making process and some of Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 m_ _ SUBJECT DISCUSSION ACTION their commitments, to hopefully begin forward process in acquisitions. Mr. Hull stated that in doing so, they must realize that they are formal acquisitions that will take place through County Council action. He noted that in order to have a formal record, particularly if it is an adversarial acquisition, they need to have very clear standards under which those recommendations are made. Mr. Hull apologized for formalizing a bit more than the Commission may be comfortable with, but that is ultimately the purpose for it. Lastly, Mr. Hull wanted to sincerely thank Commissioner Dela Cruz for her service on behalf of the Department. He apologized for any frustration that she may have had. Mr. Hull stated that it was sad that Commissioner Dela Cruz was leaving at this juncture because he thinks that the Commission is folding over a new leaf in which they are going to embark on a new journey. He added that maybe in a year or so she will be called upon to serve again. Commissioner Dela Cruz thanked everyone. She stated that she enjoyed the year with the new Commissioners. Commissioner Dela Cruz suggested that the Commission move forward and she hopes that they can complete another acquisition. With no further business, Chair Figaroa adjourned the meeting. Adjournment Chair Figaroa adjourned the meeting at 3:06 p.m. Submitted by: Agaran, Staff Support Clerk Reviewed and Approved by: Joseph Figaroa, Chair Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session March 10, 2016 () Approved as circulated () Approved as amended. See minutes of meeting. Page 25