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HomeMy WebLinkAbout2015-12-10OpenSpaceCommissionMinutesApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Public Access, Open Space and Natural Meeting Date December 10, 2015 Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:09 p.m. End of Meeting: 3:06 p.m. Present Members: Chair Patrick Gegen, Vice Chair Joseph Figaroa (entered at 1:37p.m), Linda Dela Cruz, Teddy Blake, Jett Jasper, Dorothea Hayashi, Shaylyn Kimura, Karen Ono Also present: Deputy County Attorney Jodi Higuchi - Sayegusa; Planning Department Staff: Nani Sadora, Duke Nakamatsu, Kaaina Hull; Boards and Commissions Staff: Administrator Jay Furfaro (entered at 1:14 p.m), Support Clerk Darcie Agaran Excused Randall Blake Absent SUBJECT DISCUSSION ACTION Call To Order The meeting commenced with a roll call of the Commissioners, Planning Chair Gegen called the meeting to order at 1:09 Staff, and the Deputy County Attorney, p.m. with seven (7) Commissioners present constituting a quorum, Approval of Chair Gegen noted that he was recently notified that they will be asked to Agenda defer Item H.1. under New Business. He asked the Commissioners if they wanted to make any revisions to the agenda. Commissioner T. Blake asked if H.1. will be deferred to the next meeting to which Chair Gegen replied yes. Chair Gegen also noted that they will pause briefly when Administrator Furfaro returns as he would like a few words with a potentially departing member. With no further comments, Chair Gegen stated that the agenda will stand as- is. Announcements There were no announcements. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 SUBJECT DISCUSSION ACTION Approval of Minutes of October 22, 2015 Commissioner Ono moved to approve the Meeting Minutes Minutes of November 12, 2015 minutes of October 22, 2015 and November 12, 2015. Commissioner Dela Cruz seconded the motion. Discussion: Chair Gegen stated that he missed the last two (2) meetings and he wanted to thank Staff for putting together good meeting minutes. With no further discussion, Chair Gegen called for the vote. Motion carried 7:0 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) There was no public testimony. Chair Gegen noted that if someone came in and wished to speak, he would allow it. Unfinished Compilation and evaluation of 2015 public input process and the development of a biennial list of priority projects and 2015 Report to the Business Kauai County Council and the Mayor. (from 11/11/151 Chair Gegen noted that there was a typographical error on the agenda; it should be "from 11/12/15 ", not "from 11/11/15". Chair Gegen stated that a copy of the current biennial report with revisions was included in the Commissioners' packets. Since he was not present at the last meeting, he reviewed the meeting minutes to determine the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 3 SUBJECT DISCUSSION ACTION placement of the Commissioners' recommendations in the report. Chair Gegen explained that he utilized the biennial report from two (2) years ago and updated it as necessary for the current biennial report. Chair Gegen reviewed the revisions to the Program Background, Status of the Fund, and Commission Recommendations sections with the Commission. Ms. Sadora noted that prior to the submission of the report, the "Status of the Fund" section will probably be updated again. Chair Gegen noted that he inserted the "status" under each property listed, as opposed to the previous report where the "status" was provided a couple chapters later. He asked if the Commissioners preferred to have the status under each property, or provide it later on in the report. Ms. Sadora stated that in the past, the "Executive Summary" was used to capture a glimpse of what was going to be included in the content of the report. Chair Gegen expressed his concern that the readers might not continue reading further into the report to comprehend the status of each property. Commissioner Hayashi preferred to have a brief description of the status under each property. Commissioner T. Blake agreed with Commissioner Hayashi and suggested to attach the full description to the report. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 SUBJECT DISCUSSION ACTION Ms. Sadora suggested to include the descriptions in the back of the report, and perhaps change the title to "History" or something the Commission agrees on. She added that the "Executive Summary" portion could provide the current status of the properties. Chair Gegen stated that he liked Commissioner T. Blake's suggestion. He stated that they could change the title to show the historical information. Chair Gegen noted that he will work on the statuses for each property. Commissioner T. Blake explained that the proper name for Kaneiolouma Heiau Complex is "Kahua o Kaneiolouma". Chair Gegen noted to remove "Complex" and "Heiau ". Chair Gegen asked if the Commission wanted to keep Kauapea Beach Access as one of their priority properties. He explained that it was basically on -hold because of pending litigation. Deputy Planning Director Kaaina Hull asked if Kauapea Beach Access should be under the "Current properties previously discussed, but "on- hold"" list. He stated that the priority list should consist of properties that the Commission is saying are ready for action. Chair Gegen agreed and stated that they should move Kauapea Beach Access to the "on- hold" list. Chair Gegen asked the Commission if Papa`a Bay Beach Access is still a priority. He stated that he didn't hear of any recommendations or any requests to do anything; however, he knew that there was a concern about Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 5 SUBJECT DISCUSSION ACTION people accessing the area for cultural purposes. Commissioner T. Blake felt that it should remain as a priority because there is limited access on the east and north shores. Chair Gegen asked if a dossier process was started for Papa`a Bay Beach Access to which Ms. Sadora replied no. Chair Gegen stated that according to the list's title, it shouldn't be listed as a priority; however, it does not mean it's not something they want to continue looking at. Chair Gegen asked the Commission if Kaakaaniu Beach Access is still one of their priority properties. He asked if it is in the dossier process to which Ms. Sadora replied no. Again, Chair Gegen stated that since it is not currently in the dossier process, it shouldn't be listed as a priority. He asked if the Commission wanted to include it as "on-hold", or remove it and say that it is something that the Commission has looked at to which Commissioner Dela Cruz replied that they should remove it since they have access on the other side. Chair Gegen stated that they will include Kaakaaniu Beach Access under the "Properties previously discussed but no longer active" list. He added that it can be brought up as an active potential concern in the future. Commissioner Hayashi asked if the access was brought up by the community to which Chair Gegen replied that it has been at different times. Chair Gegen noted that they now have two (2) priority properties; Kukui`ula Bay and Kaneiolouma. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 ome SUBJECT DISCUSSION ACTION In regards to the "Properties currently being discussed but not ready for the recommendation" list, Chair Gegen asked if the Commission would like to keep that list or if those properties are considered "on- hold ". Commissioner T. Blake noted that the district for Alekoko Fish Pond should either be Haiku or Puna; not Waimea. Mr. Hull asked for the distinguishing factor between "being discussed and on- hold ", and "being discussed and not ready for recommendation" to j which Chair Gegen replied that his thought was that "on- hold" meant they needed to do their due diligence, whereas "discussed, but not ready for recommendation" meant that they were waiting for one (1) last piece of information and for someone to give the go- ahead. Mr. Hull stated that the feeling he got was that the "not ready for recommendation" were properties that the Commission gave a preliminary approval for, as opposed to the "on- hold" where no preliminary approval was given; however, they were waiting for additional information to determine whether or not it should be considered for recommendation. Commissioner T. Blake asked if it would be better to revise the headings to make it short and concise to which Chair Gegen replied probably. Chair Gegen asked if they should keep the heading as "on- hold" to which Commissioner T. Blake replied yes, projects on -hold and projects under consideration. Commissioner Dela Cruz agreed. Chair Gegen stated that they have two (2) main categories; one (1) being their priority properties in the dossier process, which are Kukui`ula and Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 7 SUBJECT DISCUSSION ACTION Kaneiolouma. However, Chair Gegen noted that they are waiting on Kaneiolouma as well. Commissioner T. Blake stated that if the titles were broad, then they could include additional properties. Commissioner Jasper asked if the Commission was mandated to not list their recommendations in a specific order to which Chair Gegen replied that they can rank the recommendations if they choose to. Commissioner Jasper stated that he thought if they prioritized their recommendations, it would give Council a better idea on which property to look at first. Commissioner T. Blake agreed with Commissioner Jasper. Commissioner T. Blake stated that it does not need to be by seniority. Mr. Hull stated that in soft discussions with Councilmembers, they recommended prioritizing the recommendations, or at least attempt to prioritize them. Chair Gegen asked if they would prioritize the properties that are "on- hold" to which Mr. Hull replied that the Department would caution against prioritizing properties without having all of the blanks filled in because some of the additional information could change the prioritization. Chair Gegen concurred with Mr. Hull's response. Chair Gegen reiterated that they have two (2) headings; one (1) is "priority Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 mom SUBJECT DISCUSSION ACTION properties ", and the other is "on- hold ". He stated that their only priority property would be Kukui`ula Bay Access. Chair Gegen noted that they would include Kauapea Beach Access and Papa`a Bay Beach Access under "on- hold ". He noted that Kaakaaniu Beach Access would be placed under "Properties previously discussed, but no longer active ". Chair Gegen asked if they are still actively looking at opening up access for Lawa`i Kai to Port Allen to which two (2) Commissioners replied yes. Chair Gegen asked about the Salt Pond Beach Park Buffer Area for Protection of Hanapepe Salt Pans to which Commissioner Hayashi replied that they would like to keep it under "on- hold" because they are still discussing it. Commissioner Hayashi stated that the Commission received testimony from Gibert Nobriga who recommended that they take the upper cane field lands because what is happening with Puolo Point is a separate issue. Commissioner Figaroa entered the meeting at 1:37 p.m. Chair Gegen stated that they will keep it as "on- hold ", along with Waipa Fishpond, Wahi Pana at Kiahuna, and Alekoko Fish Ponds. Commissioner T. Blake asked if they could list the "on- hold" properties by their recommendation date to which Chair Gegen replied yes. Chair Gegen reiterated that Kaakaaniu Beach Access will be added to the "Properties previously discussed, but no longer active" list, along with the Oma`o Recreation Area and the Evslin Property. Chair Gegen noted that the Commission's field trips will be added to the "Other Activities" section. Ms. Sadora stated that she will update it. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 SUBJECT DISCUSSION ACTION Chair Gegen asked if there were any other activities that they should include to which Commissioner Figaroa replied their workshops and when people attended the Commission meetings to educate the Commission. Ms. Sadora stated that it will be part of their public input process. Chair Gegen asked if the numbers in the "Public Input Process" section needed to be updated to which Ms. Sadora replied yes. Chair Gegen noted that the items in the report that were highlighted in yellow were things that needed to be double- checked. Chair Gegen stated that they currently have all nine (9) positions filled, but that could potentially change next month. Administrator Furfaro took a moment to thank Commissioner Dela Cruz for her service and to inform her that her contribution has been greatly appreciated. Administrator Furfaro presented Commissioner Dela Cruz with a pen set that was engraved with the County logo. Commissioner Dela Cruz thanked Administrator Furfaro. On behalf of the Commission, Chair Gegen thanked Commissioner Dela Cruz for her time, effort, and her cooking. (Laughter in background) Administrator Furfaro stated that he is interviewing some candidates; one of which had indicated that they needed to talk it over with their families, so he may be asking Commissioner Dela Cruz to stay for a short term. Chair Gegen noted that they will fill in the "Commissioner Positions" later. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 maetc SUBJECT DISCUSSION ACTION Mr. Hull stated that it may be advisable to include the Commission members' names that participated in the recommendations, as well as the composition. Ms. Sadora noted that the names are included in the opening page. I Chair Gegen stated that he added his thoughts regarding Ordinance 986 on Page 6. Following that section of the report, it went into the detailed description of the properties that are in the dossier process. Chair Gegen stated that he will make the updates that he can, and he will follow -up with Staff and the Deputy County Attorney to review it for accuracy. Commissioner T. Blake left the meeting at 1:46 Commissioner Kimura asked if the order of the detailed descriptions could p.m. follow the order of the listed properties to which Chair Gegen replied that made perfect sense. Chair Gegen noted that the "Regular Commission Meetings" section of the "Public Input Process" was revised because their meetings changed from twice a month to once a month. He stated that the survey period was included in this part of the report, as well as the number of surveys that the Commission received. Ms. Sadora stated that the number of surveys needed to be updated. Chair Gegen noted that they received a lot of responses because they spent time at the County Fair. Following that, there was a list of the properties that were brought to the Commission's attention. Chair Gegen asked if that list needed to be updated to include the input they received this year to which Ms. Sadora replied yes. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 11 SUBJECT DISCUSSION ACTION Chair Gegen noted that other items that are part of the report are the cover Commissioner T. Blake returned to the meeting sheet and the names of the Commissioners. He also noted that in the past, at 1:47 p.m. they included maps of the key properties. Ms. Sadora stated that they could include the maps again. Commissioner Jasper asked if they include maps and photos, or just maps of the locations to which Ms. Sadora replied that it was a map of all of the recommendations, and they were tagged to identify what category they were in. Ms. Sadora stated that they included a snapshot photo of the area. Commissioner Jasper suggested to include about three (3) or four (4) photos to which Ms. Sadora replied that they could do that. Chair Gegen added that they could show where the proposed walkway would go. Chair Gegen stated that he will make the changes he can, and he will pass it on to Ms. Sadora. Chair Gegen asked if another rough draft could be sent out to the Commissioners a week before the next meeting to which Ms. Sadora replied okay. Chair Gegen stated that ideally, they would be able to finalize the report at the January meeting. Commissioner T. Blake noted that he wanted to send the traditional names for Allerton Beach and Donkey Beach to Chair Gegen or Ms. Sadora. Chair Gegen asked if they should keep the item as unfinished business, or Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 12 SUBJECT DISCUSSION ACTION if they should accept the changes, receive it, and place a new item on the agenda to which Deputy County Attorney Jodi Higuchi - Sayegusa replied that she would keep it as unfinished business, incorporate the changes that were discussed, and next time it will still be up for action. Commissioner T. Blake asked what action would need to take place for the report to move to the next step to which Chair Gegen replied approval of the biennial report by the Commission. Ms. Higuchi - Sayegusa stated that it would then be ready for submittal to Council. Commissioner T. Blake asked if recommendations would have to wait four (4) years if they weren't included in the report for 2015 to which Mr. Hull replied no. Mr. Hull explained that what is before the Commission is the biennial list that is transmitted to Council. Council will review the priority recommendation(s) and decide whether or not they will take action on drafting a money bill in order to go after that particular property. Mr. Hull added that after two (2) years, the Commission will project another biennial report, which may or may not include that same property, depending on whether or not Council decided to take action on it. He noted that in between the biennial list, the Commission has the ability to send up, via the dossier process, recommendations before the next 2 -year deadline. Again, it would be up to Council on whether or not they decide to appropriate the funds. Mr. Hull understood that no motion was made for amendments to the report. He thought they could say softly that there was an agreement on some of the changes. Mr. Hull stated that the Department can work with the Chair on revising the report so that in the new year, the report should be ready and set to move up to Council. Mr. Hull noted that if there are any Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 13 SUBJECT DISCUSSION ACTION minor amendments that Commissioners may have, they could do it on the floor at the next meeting. However, if there are objections for substantial natures, they would have to go back to the drawing board. Chair Gegen explained that the ideal situation would be for the Commissioners to review the rough draft prior to the January meeting, and if there are any revisions, they can discuss it during the meeting. They would incorporate the revisions and approve the report with the amendments that same day. Chair Gegen stated that the day after the meeting, the report would be ready to be transmitted to Council. Chair Gegen also explained that in the past, the only action that the Commission could take and make recommendations was during the annual report period. Then, the dossier process was introduced, so that the Commission could act on recommendations in a more expedient fashion. With that, Chair Gegen called for a motion to defer until the next meeting. Commissioner T. Blake moved to defer the item until the next meeting. Commissioner Dela Cruz seconded the motion. Motion carried 8:0 New Business Review and discussion on 4.860 -acre archaeological parcel in Po`ipu located at TMK: (4) 2 -8- 031 -199. Chair Gegen noted that the Commission will be asked to defer this item until the next meeting. Ms. Higuchi - Sayegusa requested for additional time to reach out to Angela Anderson from HILT (Hawaiian Island Land Trust) to coordinate when HILT might be able to provide an update and more information to the Commission about what they do. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 14 SUBJECT DISCUSSION ACTION Commissioner Figaroa moved to defer the item until the next meeting. Commissioner Hayashi seconded the motion. Discussion: Commissioner Figaroa asked for clarification if more research needed to be done to which Ms. Sadora replied that there was discussion on whether to do a conservation easement or acquire the entire parcel, which is what is being reviewed. Ms. Sadora stated that the Commission wanted to be able to get HILT's input because it is an archaeological site. She noted that the acquisition plan will include the different options. Commissioner Figaroa asked if the acquisition plan is already in motion to which Ms. Sadora replied that they started an acquisition plan, but there are details that are missing. Chair Gegen stated that they are ensuring that they have reviewed the different opportunities to preserve the property, and to ensure that it will be preserved in a manner that is most beneficial. Commissioner Figaroa stated that the process already started, but they needed one (1) little element to explore every facet. Chair Gegen stated that they started the dossier process; however, Ms. Sadora corrected him, stating that they started the acquisition plan, not the dossier process. Commissioner Figaroa asked if they should defer the item to which Chair Gegen replied that he thought they should because there is additional information coming. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 15 SUBJECT DISCUSSION ACTION Commissioner Figaroa asked if the information was already on its way to which Ms. Sadora replied that it is being worked on. Commissioner Kimura asked what exactly is the Commission waiting for from HILT to which Ms. Higuchi - Sayegusa replied their expertise. Ms. Higuchi - Sayegusa explained that HILT assists landowners to purchase conservation easements, and they facilitate land acquisitions for conservation purposes. She added that the Commission was interested in HILT's expertise in regards to the steps associated with land acquisition versus acquiring conservation easement. Ms. Higuchi - Sayegusa stated that it's just a matter of reaching out to HILT to provide more insight for the Commission to consider. Commissioner Kimura asked if the likelihood is HILT won't attend the January meeting to which Ms. Sadora replied that they could. Ms. Higuchi - Sayegusa stated that she can try to coordinate it with Angela. Commissioner Kimura asked if HILT was contacted in November to which Mr. Hull replied that they were. Mr. Hull stated that they are waiting to see if HILT is willing to come and give a presentation to the Commission. He added that if at a certain point HILT does not present to the Commission, the Commission could decide to move on. Commissioner Kimura stated that was her point; how long does the Commission wait for a response /advice? Ms. Sadora explained that the Commission requested for additional information because the property is an archaeological site. Due to it being an archaeological site, the Commission was looking at different options; whether it be an acquisition of the entire parcel, or a conservation Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 SUBJECT DISCUSSION ACTION easement. Ms. Sadora stated that is where HILT has the experience, being that they have a lot of properties that are in conservation easements, so they would be a good tool for the Commission. She added that Angela is aware, and that it is just a matter of coordination. Ms. Sadora noted that it may be that Angela provides the Department with enough information for the acquisition plan to be presented to the Commission again, and it could be provided to them at the January meeting without having Angela present. Ms. Sadora stated that if HILT is going to be involved, they want to do their own research as well. She confirmed that the Commission will receive information at the January meeting, and then the Commission can decide which way it goes. Ms. Sadora noted that the Commission wanted to be able to move this forward, but they weren't clear on what direction to take. Chair Gegen understood that if it's placed into a conservation easement, there may be benefits for the current landowner. He added that the County wouldn't have to expend any funds, but it would still be preserved and there could be partnerships with the community. Commissioner T. Blake asked if they are waiting for HILT's interpretation of a conservation easement, what HILT perceives as a conservation easement, or what HILT will do with the conservation easement to which Ms. Higuchi - Sayegusa replied no. Ms. Higuchi - Sayegusa stated that it is to illustrate, for the Commission, what the steps are to acquiring a conservation easement, and what the benefits are for the County and the landowner. She noted that it would be more information to consider and it could be incorporated into the acquisition plan for the Commission's review. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 17 SUBJECT DISCUSSION ACTION Ms. Sadora stated that they are also asking for HILT's lead to establish the parcel as a conservation easement. Commissioner Figaroa asked if there was another Department the Commission could refer this to that handles land acquisition for historical purposes to which Ms. Higuchi - Sayegusa replied no. Chair Gegen stated that as part of the acquisition plan, the Commission can say they are going to work with HILT, or they could say that they will reach out to a certain organization and request for funds to help purchase the parcel. He noted that there are other options, but it would be part of the acquisition plan. Ms. Sadora explained that the acquisition plan is the outline of what the Commission can consider, should they want to move forward with a recommendation. Mr. Hull asked if the Commission was aware if the landowner is willing to go via the conservation easement route or if HILT can execute. He stated that if that's the case, then there wouldn't necessarily be an acquisition plan. Mr. Hull stated that it would be a conveyance into a conservation easement and no monies would be expended, which saves the Commission money and it accomplishes the same purpose. He noted that if HILT is unwilling, then the Commission would have to decide if they want to formally move with the acquisition plan and recommend to the Council that funds be expended to acquire the parcel. With no further discussion, Chair Gegen called for the vote. Motion carried 8:0 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 SUBJECT DISCUSSION ACTION Commissioner T. Blake asked if Ms. Anderson was invited to the January meeting to which Ms. Sadora replied no. Ms. Sadora stated that there is discussion happening, but Ms. Anderson has not offered to attend the January meeting. Mr. Hull stated that the Department will extend the invitation and see if there is a way to have a presentation from HILT at the January meeting. Commissioner T. Blake explained that HILT is requesting tours for schoolchildren in January, so he believed that, more than likely, she would be accommodating in January. 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 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. Chair Gegen noted that he developed a flowchart that the Commission provided input on, which outlined what the Commission wanted to see in the process. He stated that he met with Planning Director Dahilig and Councilmember Chock, at which time Mr. Dahilig informed Chair Gegen that he would return with some proposed rules using the flowchart as a basis, as well as incorporating the needs of the Planning Department. Chair Gegen stated that the Commission would be discussing the rules as Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 19 SUBJECT DISCUSSION ACTION proposed. Mr. Hull noted that he and the Deputy County Attorney spent their evenings in Portland drafting up the proposed rules while they were there for a conference. He stated that they have established the parameters under what the Department will be advising the Commission, as well as timeline parameters to move recommendations to Council. Mr. Hull noted that the Commission is the final say for recommendations to the County Council. Mr. Hull reviewed the report process with the Commission, beginning with Section 1 -5 -1. He noted that Section 1 -5 -1 is "Authority ", which references the ordinance that gives them the rule making capability. Mr. Hull noted that Section 1 -5 -2, "Public Input ", reestablishes the public input process that is currently in place. He stated that public input can be provided on the website, the public can attend the Commission meetings, or they could hold events out in the community. Mr. Hull stated that they start clarifying and establishing new policy parameters, under which the Department will operate, under Section 1 -5 -3, "Department Review and Recommendation ". He explained that with any input that is brought to the Department's attention, the Department will transmit a preliminary report and a preliminary recommendation to the Commission, along with the public's recommendation, at the subsequent Open Space Commission meeting. He added that the recommendation would be based off of the criteria established under Section 1 -5 -4, "Criteria for Acquisition ". Mr. Hull stated that it has to meet all of the requirements in Subsections A through D. Subsection A concerns the Commission's purpose, so the recommendation would have to meet one (1) of nine (9). Concerning Subsection B, Mr. Hull stated that the Department will be stating, in their report, what the public interest served is and the anticipated cost. He added Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 20 SUBJECT DISCUSSION ACTION that they will analyze if the anticipated cost is commensurate to the public interest served. Subsection C concerns the process for acquisition. Mr. Hull stated that it would depend on the type of property being recommended for acquisition and whether they are friendly or adversarial. He added that they have to account for the fact that it could put a significant amount of strain on the resources of the County Attorney's office. He stated that they have to take the County Attorney's input to determine whether or not the amount of time, dedication, and resource allocation is going to be commensurate to the public good. Subsection D concerns the maintenance requirements, which is a cost that the Department has to analyze. Mr. Hull stated that if there are no maintenance requirements, then it's perfect because no further input or commitment would be necessary from the other agencies, such as the Department of Parks or the Department of Public Works. He noted that they anticipate some acquisitions to have maintenance requirements. He added that the Department of Parks and /or Department of Public Works would provide their input, as well, on those particular recommendations. Mr. Hull reiterated that the Commission would be able to discuss, at the Commission meetings, the public's recommendation in conjunction with the Department's recommendation. He noted that the Department acknowledges that it is their recommendation to the Commission, and that the Commission has the final say, as far as which recommendations are forwarded to Council. He also noted that if the Department's recommendation is "no ", the Commission can decide against the Department's recommendation and recommend approval. Mr. Hull stated that they included Section 1 -5 -5, which is "Prohibitive Factor ". He noted that if they receive a recommendation from the public Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 21 SUBJECT DISCUSSION ACTION that could place a considerable amount of liability on the County, the County Attorney will state that there is a prohibitive factor. But again, Mr. Hull reiterated that the Commission has the final say on which recommendations are forwarded to the Council. However, if it does move to Council, the County Attorney will advise Council that there is a prohibitive factor. Chair Gegen stated that he thought it was an important point, and as long as their recommendations ultimately sit with Council and the Administration, he feels comfortable with that. Mr. Hull explained that if the Commission takes preliminary action to say that a recommendation should be reviewed for final recommendation, then the Department will draft an acquisition plan with specific details. Mr. Hull noted that the Department reserves the right to change their recommendations to the Commission. If additional information is brought to the Department's attention during their research for final recommendation that demonstrates that it no longer meets the criteria, the Department would have the ability to return to the Commission and say that they may be changing their recommendation. The Commission would have the opportunity to review it, and decide whether they want to remove the recommendation or move forward with final recommendation. Mr. Hull noted that the priority projects will be collected into the Commission's biennial report. He stated that the report is to be transmitted to Council in January of the odd years. Ninety (90) days prior to that January, the Department would be required to provide the Commission with the biennial list with the acquisition plans and the final recommendations of acquisition. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 22 SUBJECT DISCUSSION ACTION Mr. Hull stated that the dossier process evolved with the Commission for potential acquisition recommendations outside of the biennial report period. He noted that the recommendations must meet the same criteria as established previously in the proposed rules, as well as the expediency criteria, which is that there is a need for expediency, given a certain urgent situation, to move outside of the biennial report period. If it meets all of the criteria, the Commission can move to forward it to Council. If the Commission provides a recommendation that the Department is opposed to, Commissioner Figaroa asked if the Department would educate Council on their recommendation to which Mr. Hull replied that it depends. Mr. Hull stated that they would have to proceed to Council with the report and transmit it to them. However, if a Councilmember questions if the Department's original recommendation aligns with the report, and it doesn't, the Department would explain their recommendation. Mr. Hull stated that the Department would not have any problem with officially appointing the Chair or a member of the Commission to simultaneously present the biennial report to Council. Mr. Hull noted that the Department would be required to support the Commission's decision wholeheartedly. Mr. Hull added that the proposed rules are trying to provide clear guidance as to the Department's role, the Commission's role, and the timeline to forward recommendations to Council for their action. He noted that when he says "Council ", he should include the Administration because Council and the Mayor's Office are the two (2) entities that are able to draft a money bill for acquisition. Commissioner T. Blake asked if there would be any adjustments after the Commission adopts the prioritization of projects to which Mr. Hull replied Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 23 SUBJECT DISCUSSION ACTION no. Mr. Hull stated that once it's adopted, it's official. Chair Gegen asked if that applies to the biennial report, as well as the dossier process to which Mr. Hull replied correct. Commissioner Hayashi wanted to ensure that the Department will notify the Commissioners when the Council requests the Department's presence, and that the Commission would have the opportunity to have a representative be present as well. Mr. Hull stated that it is expected for a representative to be present when they discuss the biennial report. He noted that they can fold it into the language to make it clearer that the Chair or an appointed representative of the Open Space Commission may attend the Council discussions. Chair Gegen felt that it would be a good note to include. If the Planning Department is requested at Council to discuss the Open Space Commission, he would like at least one (1) representative from the Commission present. Commissioner Figaroa stated that he really likes the rules. He asked if the Commissioners have to be present any time the Council discusses potential properties to which Mr. Hull replied that the Department can act as their representative. Mr. Hull added that in the past, the Department has informed the Commission and there has been a representative. Chair Gegen asked if a recommendation was made on January I", when would the Commission receive the public's recommendation and the Department's preliminary recommendation. He noted that the proposed Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 I'._- SUBJECT DISCUSSION ACTION rules state at the next meeting, but he's not anticipating that if a recommendation was made a day before the meeting, the Department would be ready to make a preliminary recommendation the day of the meeting. Chair Gegen understood that the Department needs thirty (30) days to make a preliminary recommendation. Mr. Hull stated that was correct. He recommended to give the Department sixty (60) days, essentially two (2) meetings, from receipt to transmit the recommendation to the Commission. Chair Gegen asked if there could be a timeline in the rules to that effect to which Mr. Hull replied yes, they will work on it. Mr. Hull stated that if they are faced with an onslaught of 100 or 200 properties, the rules would not be feasible and would have to be amended. He noted that they anticipate the recommendations to be around twenty (20) properties, and they do believe they can accomplish that amount within the proposed timeframe. Mr. Hull stated that the preliminary recommendation will be a fairly short, checklist -type of situation with brief explanations for each criteria. He added that in most cases, they would not be providing preliminary recommendation of approval for all properties and that many would be immediately weeded out due to prohibitive factors or commensurate costs. Chair Gegen explained that he is looking at how quickly the recommendations are going to be presented to the Commission. He noted that it would be ideal if the Department could provide preliminary recommendations to the Commission as they are completed, instead of waiting to complete all of the preliminary recommendations and providing Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 25 SUBJECT DISCUSSION ACTION them to the Commission simultaneously. He would also like to request that the Department inform the Commission on the total number of remaining properties that will be presented within the next sixty (60) days. Mr. Hull stated that in discussions with Ms. Sadora, the Department anticipates being able to complete the preliminary recommendations within the proposed timeframe and they would like to hold themselves to that level. Chair Gegen stated that in Section 1 -5 -6 Subsection C, it asks to prioritize the recommended projects in the biennial report. Chair Gegen asked if the Commission would like to keep it as -is or if they would like to state that the list may or may not be prioritized. Mr. Hull stated that in discussions with Councilmembers, they requested that attempts to prioritize be made so it would be clearer for them to determine which properties to go after. He noted that Subsection C anticipates that there may be times when there is no consensus on the prioritization. Chair Gegen stated that he wanted to ensure that there would be a timeline in the dossier process as well. Mr. Hull noted that he spoke with Ms. Higuchi - Sayegusa offline, and they will be drafting a proposed mechanism that will hold a timeline for the transmittal of the report in the dossier process. After the Commission votes to move forward with a final recommendation, Chair Gegen asked if the recommendation would be presented to Council and the Mayor within thirty (30) days to which Mr. Hull replied yes. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 26 SUBJECT DISCUSSION ACTION Mr. Hull wanted to clarify that both the Department and the Commission can initiate placing recommendations in the dossier process. Commissioner T. Blake asked if the Commission would be voting on it today to which Chair Gegen replied no. Mr. Hull stated that the Department would agree with the soft recommendations from the Commission, which were looking at representation from the Commission at Council, timelines for a preliminary recommendation on public input, and a timeline for the report in the dossier process. He requested for an additional month to return to the January meeting with those changes. Mr. Hull noted that if there is a consensus, they anticipate action being taken on this item at the January meeting. He added that if there are additional slight changes during the January meeting, they could entertain those changes on the floor. If there are substantial changes that are recommended, the Department would need to go back to the drawing board. Chair Gegen suggested that it might be helpful for the Department to begin going through the proposed process with some of the recommendations that they have already received, use it as a "straw dog ", to provide insight to the Commission on how the process would look like. Mr. Hull stated that they could do that. Mr. Hull corrected himself and stated that the Small Business Review Commission has to review and provide input on the proposed rules before final action can be taken by the Open Space Commission. Commissioner T. Blake asked if the Small Business Review Commission Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 27 SUBJECT DISCUSSION ACTION was part of the County to which Mr. Hull replied that it is a State Commission. Mr. Hull stated that Ms. Higuchi - Sayegusa would be flown to Oahu to present it to the Commission. Commissioner T. Blake asked what classifies it as small business to which Ms. Higuchi - Sayegusa replied that by the Hawaii Revised Statutes, any rules that are passed that may have an effect to small businesses must be reviewed by the Small Business Review Commission. Commissioner T. Blake asked which small business is being affected to which Ms. Higuchi - Sayegusa replied that essentially, any rule that a Board throughout the State wants to pass must go through the review of the Small Business Review Commission. Mr. Hull stated that the ruling is essentially any rule passed by a State or County body must be reviewed by the Small Business Review Commission because ultimately, there is no legislative process; each body passes their own rules. Commissioner T. Blake asked if it was like administrative rules to which Ms. Higuchi - Sayegusa replied yes. Mr. Hull stated that it is administrative rules. Mr. Hull noted that they could transmit the proposed rules with the draft amendments to the Small Business Review Commission now, if the Commission wanted to expedite the process. However, if the Commission would like to review the revisions prior to transmitting it to the Review Commission, that could be done as well. Commissioner Figaroa stated that he would like to wait. He also noted that he is glad that there are rules. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 SUBJECT DISCUSSION ACTION Chair Gegen concurred. He stated that he wanted to ensure that the Commission agreed with the changes to the proposed rules before sending it for approval. Commissioner Kimura asked how long does the review take with the State Commission to which Ms. Higuchi - Sayegusa replied that it is her understanding that the Commission meets monthly, so it may just be attending one (1) meeting. Commissioner Kimura asked if that meant, potentially, February to which Ms. Higuchi - Sayegusa replied yes. Ms. Higuchi - Sayegusa stated that she could check on the exact dates of the meetings, but she believed it would be February. Chair Gegen asked if she was concerned about how soon they can implement the rules to which Commissioner Kimura replied yes. If the Commission comes to a consensus on the rules at the January meeting, Chair Gegen asked if they can act as though the rules are in place moving forward to which Mr. Hull replied that is where the "straw dog" situation arises. Mr. Hull stated that the Department can begin the process, drafting up the recommendations in a manner which would be in conformance with the proposed rules for the Commission to see how the process would work. He added that much of the rules are being placed on the Department to allay the Commission's concerns. Commissioner T. Blake asked if recommendations that are submitted before the rules are adopted would be grandfathered to which Mr. Hull replied that the biennial report will more than likely be forwarded to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 29 SUBJECT DISCUSSION ACTION Council prior to the rules being adopted. Commissioner Hayashi asked if the rules are providing additional work for the Department to which Mr. Hull replied yes. He noted that it will be more work for Ms. Sadora; however, it is necessary work. In order to move the process and projects forward, Mr. Hull stated that the Department needs clear guidelines and clear work product from their office for the Commission to work off of. Chair Gegen felt that the process will set the Commission up for more success in the future. Chair Gegen asked if the Commission should defer this item until the next meeting to which Ms. Higuchi - Sayegusa replied yes. Mr. Hull stated that the Department would recommend a motion for deferral to keep the item on the agenda. With no further discussion, Chair Gegen called for a motion to defer. Commissioner Figaroa moved to defer this item until the next meeting. Commissioner T. Blake seconded the motion. Motion carried 8:0 Discussion on request by Councilmember Gary Hooser regarding possible Commissioner Jasper left the meeting at 2:55 acquisition of property surrounding Queen Emma's Bath in Princeville, p.m. TMK: (4) 5 -4- 005:037. Ms. Sadora explained that the Commission requested for additional information to determine which direction they wanted to move on this property. She noted that the Department obtained information; however, it was confirmed that the property was in escrow since October, and it would be closing soon. Ms. Sadora stated that there wasn't an opportunity to go Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 30 SUBJECT DISCUSSION ACTION forward with anything due to the property being in the middle of a sale. Commissioner T. Blake referenced Section 1 -5 -5 of the proposed rules and suggested that the Commission should not move forward with this property. Commissioner Jasper returned to the meeting at 2:58 p.m. Chair Gegen felt that the Commission needed to make a decision on how they want to move forward with this property, so that they could provide an update to Councilmember Hooser. Chair Gegen asked the Commission if they had the opportunity to explore the property enough to make a recommendation one way or the other to which Commissioner T. Blake replied yes. Commissioner Jasper agreed. He stated that it is a very dangerous area, and he didn't want the liability to be placed on the County. Commissioner Hayashi asked if a subdivision was going to be placed in that area to which Mr. Hull replied that the Department has not received a subdivision request for that particular area. Commissioner Hayashi asked if it would be brought to the Open Space Commission if there was a subdivision request to which Mr. Hull replied that a certain threshold on a subdivision level requires access, and should that threshold be met in a proposed subdivision in that area, then it would be brought to the Commission. Chair Gegen called for a motion. Commissioner Figaroa moved to receive the item. Commissioner Dela Cruz seconded the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 31 SUBJECT DISCUSSION ACTION motion. Discussion: Mr. Hull stated that the Department will be transmitting the action of the Commission to Council. He asked if it would be fair to state in the transmittal, "Due to extremely dangerous attributes in the land that pose a risk of serious injury or death, the Commission has received the recommendation and will no longer be pursuing it" to which Commissioner Figaroa replied that he would support that. With no further discussion, Chair Gegen called for the vote. Motion carried 8:0 Next Meeting Chair Gegen announced the next meeting date is Thursday, January 14, Date and 2016, at 1:00 p.m. at the Mo'ikeha Building — Meeting Room 2A/2B. Agenda Topics for Discussion Chair Gegen asked if the Commission will receive a calendar with the 2016 meeting dates identified to which Ms. Sadora replied yes. Ms. Sadora stated that they will send an email with the new calendar to the Commissioners. Chair Gegen stated that the agenda topics for the January meeting will be the 4.86 archaeological parcel in Po`ipu, and the review and discussion of the presentation to Council, which was their proposed rules. Chair Gegen asked if there were other items to be placed on the agenda for January to which Ms. Sadora replied that they have to do the elections for Chair and Vice Chair. Mr. Hull announced that given the complexity of the rules, he is available after the meeting to discuss it offline with any of the Commissioners. He Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 10, 2015 Page 32 SUBJECT DISCUSSION ACTION also noted that they can call and set up meetings to discuss it further. Mr. Hull thanked the Commissioners for their time. With no further discussion, Chair Gegen adjourned the meeting. Adjournment Chair Gegen adjourned the meeting at 3:06 p.m. Submitted by: LI Agaran, Staff Support Clerk () Approved as circulated () Approved as amended. See minutes of meeting. Reviewed and Approved by: Patrick Gegen, Chair