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HomeMy WebLinkAbout2016-4-14OpenSpaceCommissionMinutesApproved�i IJ-4 COUNTY OF KAUAI � `� Minutes of Meeting OPEN SESSION Board /Committee: Public Access, Open Space and Natural Meeting Date April 14, 2016 Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/2B sssisis Start of Meeting: 1:08 p.m. End of Meeting: 3:06 p.m. Present Members: Chair Joseph Figaroa, Karen Ono, Randall Blake, Dorothea Hayashi, Shaylyn Kimura Also present: Deputy County Attorney Jodi Higuchi Sayegusa; Planning Department Staff: Duke Nakamatsu, Nani Sadora, Kaaina Hull; Boards and Commissions Staff: Administrator Jay Furfaro (entered at 1:25 p.m), Support Clerk Darcie Agaran Excused Vice Chair Patrick Gegen, Teddy Blake, Jett Jasper Absent SUBJECT DISCUSSION ACTION Swearing In of Prior to the start of the meeting, County Clerk Jade Tanigawa gave the Commissioners Oath of Office to reappointed Commission Member Karen Ono. Call To Order The meeting commenced with a roll call of the Commissioners, Planning Chair Figaroa called the meeting to order at 1:08 Staff, and the Deputy County Attorney. p.m. with five (5) Commissioners present constituting a quorum. Approval of the On behalf of the Department, Deputy Planning Director Kaaina requested to Agenda rearrange the agenda and take up Item J.1. first to accommodate the presenter, Angela Anderson. Chair Figaroa agreed and stated that the agenda would be taken out of order to be considerate of Ms. Anderson's time. He noted that Item J.1. would be taken up first, followed by the remaining agenda items. Announcements Chair Figaroa asked if there were any announcements to which Commissioner Hayashi replied that she needed to leave at 3:15 p.m. Commissioner Hayashi asked if they will have quorum if she leaves to which Chair Figaroa replied no. Chair Figaroa stated that they will conclude the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 2 SUBJECT DISCUSSION ACTION meeting by 3:15 p.m. Approval of Meeting Minutes E.1. Minutes of March 10, 2016 Chair Figaroa asked if there were any modifications to the meeting minutes to which there were none. Chair Figaroa requested a motion. Commissioner R. Blake moved to accept the meeting minutes of March 10, 2016. Commissioner Kimura seconded the motion. Motion carried 5:0 Commission Education J.1. Presentation by Angela Anderson, Hawaii Island Land Trust, on the process and benefits of acquiring conservation easements. Ms. Anderson introduced herself as the Kauai Island Director for the Hawaiian Islands Land Trust (HILT). Ms. Anderson presented a PowerPoint presentation on perpetual land Ms. Sadora left the meeting at 1:13 p.m. conservation and how it requires checks and balances (on file with the Planning Department). Mr. Hull left the meeting 1:15 p.m. Commissioner Hayashi asked if the Somers' property falls into the category of conservation easement to which Ms. Anderson replied that there was an agreement between the County and Somers to put a conservation easement on the property. Ms. Anderson noted that at the time of the agreement, the conservation easement was held by the Kauai Public Land Trust, which has since consolidated with the Hawaiian Islands Land Trust. She added that HILT holds an easement on 150 acres of the Somers' property. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 3 SUBJECT DISCUSSION ACTION Commissioner Kimura asked what the conservation value was for the Somers' property to which Ms. Anderson replied ecological, natural habitat, cultural and historical due to various archaeologies sites there, and scenic enjoyment. Commissioner Kimura asked if the conservation values were ranked to which Ms. Anderson replied that when they draft the easement, they complete another document called a "baseline assessment" that defines the values. Ms. Anderson stated that the baseline of the easement is established and following that, their job would be to protect those conservation values. She noted that there can be active management, depending on how the easement is written, or there can be an agreement that the conservation values are not going to be disturbed. Commissioner Kimura asked how often HILT visits the property to which Ms. Anderson replied that they go out once a year at a minimum to monitor the property. Ms. Anderson stated that pictures are taken which are compared to the baseline and any conservation plan in place to ensure that promises that were made are being enacted. She noted that if there is a concern or potential violation, they follow -up with the landowner. Ms. Anderson added that there are steps spelled out in the easement that provides them the authority to enforce the agreements. Commissioner Kimura stated that she has been very interested in the Somers' property because she lives near there. She noted that there is a common aquarium plant that has taken over the Kilauea River. Commissioner Kimura stated that they've gone and done sweeps, but it has gotten out of hand. She asked if there was maintenance or anyone observing for any violations to which Ms. Anderson replied that she is Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 SUBJECT R DISCUSSION I ACTION aware of the salvinia molesta. Ms. Anderson stated that HILT is working in collaboration with other community members to address it. She added that they are looking at doing a management plan for their Kahili preserve, which would include the eradication of invasive species. Ms. Anderson stated that there are different ways that agreements can be structured for a conservation easement. She noted that it has to be carefully crafted to try to adapt to future elements. Commissioner R. Blake asked if the endowment was used to hire enforcers for conservation restrictions or take legal action to which Ms. Anderson replied that HILT has a stewardship endowment that goes toward the cost for staff to go out and monitor. Ms. Anderson stated that the cost may add up because of potential violations. She noted that in their endowment, a certain amount is put towards a defense fund. Ms. Anderson added that they have insurance that covers their legal defense. If there are violations, the insurance company is able to assist HILT with the legal costs of hiring attorneys. She stated that if they can't come to an agreement with the landowner to remedy any sort of violation, then they can take legal action. In reference to an example in Ms. Anderson's presentation where the construction of a facility was not in line with the deed restriction on a property, Commissioner Hayashi asked if it was possible to stop this from happening. Ms. Anderson replied that the highest level of protection is the conservation easement because it is required to be in perpetuity. She explained that with a deed restriction, if it is not a conservation interest that has been bestowed to another party, the landowner is enforcing upon itself. Ms. Anderson stated that there is a concept in contract law that you cannot have a land requirement that goes into perpetuity. She noted the Mr. Furfaro entered the meeting at 1:25 p.m. Mr. Hull returned to the meeting at 1:28 p.m. Ms. Sadora returned to the meeting at 1:30 p.m, Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 SUBJECT DISCUSSION ACTION to achieve perpetuity is with conservation easements; otherwise, there are legal ways around it. In reference to another example, Chair Figaroa asked if that conservation intent property was sold to a private developer because there was no political will to keep it in conservation to which Ms. Anderson replied that the property was sold, but there were no restrictions on the property. Commissioner R. Blake asked if they could include the stewardship endowment in the price of a potential conservation easement that was assessed to which Ms. Anderson replied that's how they set up escrow when they are purchasing a conservation easement. Ms. Anderson wasn't familiar with how the County would handle it, but she thought the County would be able to go through the same steps. Commissioner R. Blake asked if there was a rule of thumb or ratio of endowments to the appraised land value to which Ms. Anderson replied that every organization will probably have their own calculation. Ms. Anderson mentioned that some land trusts on the mainland use a percentage. Chair Figaroa asked if partnering with HILT was another outlet for organizations wanting to conserve properties or acquire properties to which Ms. Anderson replied yes. Ms. Anderson stated that she would advocate for the collaboration of organizations to partner up, which is something they depend on. She noted that HILT sees a conservation easement as a great tool for conservation, but they need to partner with other organizations that can be on the land as well. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 mom SUBJECT DISCUSSION ACTION Chair Figaroa asked if HILT partners up with organizations wanting to restore a cultural site where it would be a stewardship rather than an acquisition of the property to which Ms. Anderson replied yes, but they would need to work with the landowner to gain access. Ms. Anderson noted that it's not something that's guaranteed because of the need for access. Chair Figaroa asked if there were situations where HILT would deny a partnership to which Ms. Anderson replied that HILT has its own strategic conservation plan that is developed by the Board. Ms. Anderson stated that if a landowner wanted to donate a parcel of land, HILT will not automatically accept it. The land must be analyzed in terms of the conservations values and the liabilities, and it will go up to the Board level for approval. Ms. Anderson added that HILT is a nonprofit organization, so they need to be very careful with the donor funds they expend on properties. Commissioner Hayashi stated that when the Commission has discussions on acquiring a piece of property, the question of who will manage the area always comes up. Now that Ms. Anderson brought up the stewardship funding, Commissioner Hayashi sees the possibilities. Commissioner Hayashi noted that she was really thankful for the presentation. She added that it brought positivity. With no further questions, Chair Figaroa thanked Ms. Anderson for her time and her presentation. Chair Figaroa called for a 5- minute recess. The Commission recessed this portion of the meeting at 1:55 p.rn, Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 7 SUBJECT DISCUSSION ACTION Receipt of Items There were no items to receive for the record. The Commission reconvened this portion of the for the Record meeting at 2:07 p.m. Bearings and Public Comment G.1. All remaining public testimony pursuant to HRS 92 (Sunshine Law) Chair Figaroa called for public testimony to which there was none. Unfinished Business (for I.1. Proposed amendments to Rules of Practice and Procedure of the County of Kauai Public Access, Open Space, and Natural Resources Preservation Fund Commission. (Deferred from 3/10/161 Action) Mr. Hull stated that the purpose of the proposed rules was to clarify the process of getting recommended acquisition sites to the County Council. He noted that the Commission was in receipt of the latest draft amendment to the proposed rules. Mr. Hull stated that one of the revisions included inserting "1 -5 -5" on Page 2. He stated that the Commission brought up at the previous meeting that there was no specific timeline in the dossier process for recommendations to be sent to the County Council. To resolve that issue, the Department recommended the following as 1 -5 -7 (c): "No more than 90 days after the Commission initiates a dossier recommendation process, the Department shall provide the Commission with an evaluation and recommendation based on the criteria or prohibitive factor for acquisition established in Section 1 -5- 4 and 1 -5 -5 of these rules." Mr. Hull added that the Department also recommended that an escape clause be included should the Commission feel that more time is necessary. The following statement was added to 1 -5 -7 (c): Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 SUBJECT DISCUSSION ACTION "The Commission may extend the time line requirements to allow the Department additional time for further research." Mr. Hull noted that in taking that action, the Commission could set new timelines upon that extension. With those amendments, the Department recommended adoption of the rules. Chair Figaroa asked if the rules would apply to projects that were already submitted or only to future projects to which Mr. Hull replied that the rules would apply to future projects. Mr. Hull stated that he has had discussions with Ms. Sadora in regards to subjecting projects that are in the pipe to the process. He noted that should the Commission choose to adopt the rules, they can anticipate, within a meeting or two, receiving some projects via the new process to start vetting the process out. Mr. Hull stated that the Department will do at least two (2) pilot project reports on previously reviewed projects that will be subjective to the new process. Chair Figaroa asked if the proposed rules will be sent back to the Small Business Regulatory Review Board after the adoption by the Commission to which Mr. Hull replied that the rules will be in place once they are adopted. Mr. Hull noted that the Small Business Regulatory Review Board wanted any input from the small business side, but the Department has not received much. He added that he and the attorney will have subsequent business at the Small Business Regulatory Review Board concerning other commissions, so they may request agenda time to update the Board on the Open Space rules. Ms. Higuchi Sayegusa stated that she could develop a report to send to the Small Business Regulatory Review Board to memorialize the discussions Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 0 Me SUBJECT DISCUSSION ACTION and what happened. Ms. Higuchi Sayegusa noted that if the Commission decided to adopt the rules, it would be subject to the Mayor's approval. She stated that the rules will take effect ten (10) days after the Mayor signs and approves the rules. Commissioner R. Blake asked how long the Mayor has to approve the rules to which Ms. Higuchi Sayegusa replied that Chapter 91 does not specify a timeline, but she was sure he understood the necessity and the importance of having those procedures in place. Ms. Higuchi Sayegusa added that they will follow up on it as well. Mr. Hull stated that there was definite pressure from the County Council to get the rules adopted. He noted that the Department has been meeting with Councilmembers who are very keen and interested in knowing what was happening to update the process and further clarify the process. Mr. Hull stated that there is impetus for the Mayor to take action in a timely manner. With no further questions, Chair Figaroa requested for a motion to accept, approve, and adopt the updated rules as presented. Commissioner Ono moved to accept, approve, and adopt the updated rules as presented. Commissioner R. Blake seconded the motion. Motion carried 5:0 Chair Figaroa asked who will present the rules to the Mayor to which Mr. Hull replied that they don't anticipate a briefing with the Mayor, but if the Mayor requests it, the Department will provide a briefing. Chair Figaroa asked if the Commissioners could receive an update on the exact date that the rules are sent to the Mayor to which Mr. Hull replied Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 10 SUBJECT DISCUSSION ACTION yes. Mr. Hull stated that the Department will need to draft up a memo for the transmittal, so he assumed that it would be sent to the Mayor the next day. He confirmed that they can send an email to all of the Commissioners explaining when it was sent from the Department. 1.2. Review and discussion on 4.860 -acre archaeological parcel in Po`ipu located at TMK: (4) 2 -8- 031 -199. [Deferred from 12/10/15, 1/14/16, and 3/10/16 Mr. Hull explained that Ms. Anderson presented various alternatives or options that are available. He noted that the Commission could use the presentation as a guide in analyzing the opportunities available for this project. Chair Figaroa stated that this parcel can't be developed because it is a historical site. He suggested to have Malama Koloa approach HILT and partner up with them directly. Mr. Hull asked if this parcel was listed in the biennial report. Ms. Sadora originally stated no, but she corrected herself and stated that it was in the biennial report on Page 12. Ms. Sadora stated that they were discussing other ways that the Commission can decide to utilize its funds; whether it be a conservation easement, an outright purchase, or if another entity makes the purchase, there could be an opportunity for the funds to be used for surveying. She noted that the Commission may want to consider having things under their belt as stewards of certain projects. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 11 SUBJECT DISCUSSION ACTION Mr. Hull stated that the Commission has a very large pot of money to ^_ utilize for projects. He explained that there are ways the Commission can accomplish their goals without utilizing all of their funds through partnerships with HILT and other organizations. Mr. Hull noted that if there are organizations looking at conservation, the Commission should take advantage of partnering with those organizations that will contribute to a conservation easement, which would accomplish one of the Commission's goals of preservation. For this parcel, Mr. Hull stated that there are potentially two (2) opportunities available. The Commission could expend funds to purchase the parcel, or they could partner with an organization such as HILT to place it in a conservation easement. Mr. Hull noted that both options would yield the same end result, but the conservation easement option would probably be cheaper. Commissioner R. Blake asked if they could contribute to the stewardship endowment fund to which Ms. Higuchi Sayegusa replied that appropriations must be made by ordinance. Ms. Higuchi Sayegusa stated that the mechanism would be to specify what the fund would be used for through the ordinance. Commissioner R. Blake stated that the discussion would happen when the dossier documents are presented back to the Cormmission. Mr. Hull tentatively stated that the Department would be cautious about contributing funds to a stewardship agreement, as opposed to contributing funds to an actual conservation easement being put in place. He added that the Department would generally lean more towards funneling the funds to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 SUBJECT I DISCUSSION Page 12 an actual conservation easement than the maintenance of one. Mr. Hull stated that it would be good to maintain; however, he referenced it to a pacifier. He added that the Commission could expect an organization to return and ask the Commission to fund it again. Mr. Hull stated that if the Commission felt it was an important parcel and that the funds should be appropriated on a perpetual basis in order to maintain it, it would be the prerogative of the Commission to recommend it to the County Council who would determine if it was a worthy cause. Mr. Hull noted that it was caution flags that they put up; however, it wasn't to say that it cannot be done. Chair Figaroa felt that if Malama K61oa worked directly with HILT, the Commission could focus their energy on current and /or future projects. He stated that the Commission could get involved after Malama K61oa and HILT has done their due diligence. Chair Figaroa added that the Commission may only need to fit into a smaller piece of the pie. Mr. Hull stated that he and his staff could have a discussion with Ms. Anderson on what it would take to get this specific site into a conservation easement. If it's determined that funds are needed to do such an acquisition, they could provide a proposal for the Commission's consideration. Mr. Hull noted that that's part of the whole purpose of partnering with organizations such as HILT because it's what they do. He added that those organizations can take it from the 5 -yard line into the end WNW Commissioner Kimura asked what is Malama K61oa is waiting for to which Ms. Sadora replied that the Commission already has the dossier for this parcel, but part of the reason for the deferrals was to provide the ACTION Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 13 SUBJECT DISCUSSION ACTION Commission the opportunity to hear what their options were from HILT because of the type of parcel it is. Ms. Sadora stated that the parcel was brought to the Commission with the possibility of a purchase, possibility of a conservation easement, and possibility of a stewardship agreement with a community organization. The Commission needed to decide whether or not they support it, how they want to support it, and then make the recommendation. Commissioner Kimura asked if HILT was interested in speaking with the landowner and Malama K61oa or if anyone approached HILT to which Ms. Sadora replied that no action could be taken until the Commission decides how they want to move it. Ms. Sadora stated that should the Commission decide to go the conservation easement route, it would be up to her to reach out to see if there's interest, how it would work, and then report back to the Commission. Chair Figaroa reiterated his suggestion of informing Malama K61oa to work directly with HILT. Mr. Hull asked if Chair Figaroa was requesting a motion to remove this project from the biennial report to which Chair Figaroa replied no. Chair Figaroa added that if questioned about the project, he could explain to the County Council. Commissioner Hayashi stated that she wanted to hear Commissioner T. Blake's opinion on this project because he brought it to the Commission's attention. Mr. Hull explained that Commissioner T. Blake recused himself, so he is Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 14 SUBJECT DISCUSSION ACTION not able to speak to the Commission on this project. He added that since Commissioner T. Blake is a Commission member, he cannot speak as a member of the public to brief the Commission. So as far as having a full disclosure discussion with Commissioner T. Blake, Mr. Hull stated that it can't happen anymore. Commissioner Kimura was concerned that Malama K61oa would return to the Commission if the Commission decided to remove the project from the list. She asked if the Commission has given them their fair opportunity. Chair Figaroa stated that referring Malama K61oa to HILT will provide them their fair opportunity to explore every option; not only with HILT, but with other organizations as well. He added that he strongly felt that with the many resources and support for this project out there, Malama K61oa could succeed without the Commission. Ms. Sadora stated that the direction of the Commission is to try to gain partnerships and build relationships to move a recommendation and take it through to an acquisition. After receiving the information from HILT, she thought the Commission should try to build upon that relationship. Ms. Sadora felt that there should be an attempt to try and work with the parties because it's a good project for the Commission to be involved with. She noted that the Commission does have other projects on their list, but it may be the simple ones that might give them a little bit of traction to be able to move on projects. Chair Figaroa stated that he compared this project to the Waipa project. He noted that the Waipa representatives did their due diligence before bringing it to the Commission, so it was easy for the Commission to support the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 15 SUBJECT DISCUSSION ACTION project. Commissioner R. Blake stated that it was like comparing an apple to an orange. He stated that the Waipa representatives had no ties to the Commission nor the County; whereas with this project, a Commissioner needed to recuse himself and HILT's representative wasn't able to speak on a specific project. Commissioner R. Blake noted that he would not vote in favor of removing this project from the list. After reading the project description, he stated that it was a tremendous example of what the indigenous people on the island were able to accomplish. He added that this project needed all of the Commission's attention to ensure that the deal gets done. Commissioner R. Blake stated that the Commission should help if they can. Chair Figaroa clarified that he was not in favor of removing this project as well. Mr. Hull recommended that the Commission defer this item to the next agenda. He stated that the Department will provide the Commission's first report under the new rule process for this project. Mr. Hull noted that the tentative recommendation would be to have Staff work to partner up Malama K61oa with HILT to determine what type of resources, assets, and funding would be necessary for a conservation easement. Commissioner R. Blake stated that it sounded great. Commissioner Hayashi stated that it sounded better. Mr. Hull stated that would be the Department's recommendation and he Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 16 SUBJECT DISCUSSION ACTION requested a motion to that effect. Ms. Higuchi Sayegusa clarified that Ms. Anderson went to the Board of Ethics for an advisory opinion because there was concern that was raised in regards to her involvement with HILT and contracting HILT with the County on any assistance the Commission may need. She noted that there was no issue found by the Board of Ethics; however, Ms. Anderson needed HILT's Board approval to speak on specific matters. Ms. Higuchi Sayegusa stated that the Charter prevents contracting with her appearance before a County Commission, a former employee, or Board member within a year after leaving a position, and the matter has to be related to the employment or the Commission. She didn't have the advisory opinion in front of her, but Ms. Higuchi Sayegusa noted that the Board of Ethics ruled that any matters before the Planning Commission didn't cross over into the Open Space Commission matters, so that was the underlying basis for their opinion. Ms. Higuchi Sayegusa reiterated that part of Ms. Anderson's concern was that HILT's Board needed to approve the time she spends on a i particular item. Commissioner Kimura asked when Ms. Anderson could speak to the Commission to which Ms. Higuchi Sayegusa replied that if the item is deferred, they will receive information to analyze how to move forward, and then they can interface with HILT. Commissioner Hayashi felt that was reasonable. Mr. Hull asked for clarification if Ms. Anderson needed to wait until the one (1) year is up to engage in discussions with Ms. Sadora and Malama K61oa to which Ms. Higuchi Sayegusa replied no. Ms. Higuchi Ssa egusa Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 17 SUBJECT DISCUSSION ACTION stated that Ms. Anderson was cleared from the Board of Ethics on the one (1) year issue. Mr. Hull stated that the Department would request a motion to defer this item to the next agenda to await a report from the Department, which tentatively would be recommending a partnership with HILT to begin discussions on the cost for a conservation easement acquisition. Commissioner R. Blake moved to defer this item to the next meeting. Commissioner Kimura seconded the motion. Discussion: Chair Figaroa asked if Ms. Anderson would need an approval each time she was to engage in discussions with the Commission on any project to which Ms. Higuchi Sayegusa replied that she wasn't sure. Ms. Higuchi Sayegusa stated that if the Commission decides to involve HILT, Ms. Anderson could try to clear everything on her end. Chair Figaroa asked if the period of time they needed to wait is one (1) year to which Ms. Higuchi Sayegusa replied no. Ms. Higuchi Sayegusa stated that the one (1) year timeline is not an issue anymore according to the Board of Ethics' advisory opinion. With no further discussion, Chair Figaroa called for the vote. Motion carried 5:0 New Business (for Action) I.1. Presentation of the 2015 Report to the Kauai County Council and the Mayor. Ms. Sadora stated that it was decided that Chair Figaroa would be resenting the 2015 Report on behalf of the Commission. She noted that Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 SUBJECT I DISCUSSION I' _ she will inform Chair Figaroa of the date as soon as it's scheduled. Mr. Hull stated that he was not familiar with the agenda item. He understood that there was a presentation to the County Council, but he asked if there was a presentation to the Mayor as well. Ms. Sadora stated that was how the Commission has always done it in the past. She explained that they were asked to present it to the Mayor, so when the report is circulated, she will be notified of the dates that are available. Ms. Sadora will then communicate those dates to whom the Commission designates as their representative to present the report. Chair Figaroa asked if the Commission will be updated on the date of the presentation to both the Mayor and the County Council to which Ms. Sadora replied yes. Ms. Sadora asked who would be presenting to which Chair Figaroa replied himself, Commissioner Gegen, and Commissioner Jasper. Chair Figaroa explained that Commissioner Jasper said he would present to the County Council because Commissioner Gegen wouldn't be able to make it. Commissioner R. Blake stated that he might be available to provide some moral support, but it depends on the date. Ms. Sadora stated that she will send a communication to the Commissioners informing theirs of the dates for both of the presentations. Mr. Hull stated that the Commission needed to take an action on this item. He a motion to approve a presentation of the 2015 ACTION Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 19 SUBJECT DISCUSSION ACTION Report to the Kauai County Council and to the Mayor contingent upon date availability. Chair Figaroa requested a motion. Commissioner R. Blake moved to provide the presentation of the 2015 Report to the County Council and the Mayor contingent upon the date of presentation. Commissioner Ono seconded the motion. Motion carried 5:0 Commission J.2. Planning Department presentation on open zoning designation. Education (Continued) Mr. Hull noted that the Commission was in receipt of a template that described the open zoning designation and density, as well as the subdivision processes, and the back side included the agricultural zoning districts density allotments and subdivision requirements. He added that the Article 9 Open Districts portion of the Comprehensive Zoning Ordinance was circulated to the Commission. Mr. Hull provided a brief presentation on the differences between Open Zoning, the Open Space Commission, and Special Treatment — Open Space. Mr. Hull explained that the purpose of the open zoning district is very similar to the purpose and intent of the Open Space Commission. He stated that the Open Zoning District zones areas of land for aesthetic purposes, for ecological purposes, and for cultural purposes. The purpose of the Commission is to expend funds to access some of those areas or to create some of those areas for public purposes, for conservation purposes, or to access beach areas. Mr. Hull noted that while there are similar intents, they are two (2) very different things. He added that the zoning Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 SUBJECT DISCUSSION ACTION designation is the overlay on private or public property for those various purposes. The purpose of the Commission's fund is to purchase either access to those areas, or to put those areas in conservation. Mr. Hull noted that there was a portion in the Comprehensive Zoning Ordinance that referred to Special Treatment — Open Space. He stated that there are four (4) categories of Special Treatment Districts; Special Treatment — Cultural, Special Treatment — Public, (he couldn't remember the third one), and Special Treatment — Open Space. Mr. Hull stated that whenever you place any structure in the Special Treatment — Open Space area, it would require the Planning Commission's review and approval. He explained that the only time there would be Special Treatment — Open Space is where an area is preserved for open space, but does not provide public access, like a park would. Mr. Hull noted that there are very few Special Treatment — Open Space areas, but it is something that the Commission should be aware of in the sense that their acquisitions may result in a Special Treatment — Open Space designation. He referenced the Evslin Property in Kekaha as an example of an area that might have evolved into a Special Treatment — Open Space. Mr. Hull stated that the Commission was entertaining acquisition of that site, but not for the purposes of a park, but for the purposes of acquiring it and preserving it for open space. Commissioner R. Blake asked if the Commission would recommend the Special Treatment — Open Space designation or if it would be the prudence of the County Council to which Mr. Hull replied that the Commission may want to use it as a tool when they are recoimnending acquisition. Mr. Hull stated that the only outright permitted use in the Open Zoning District is residential dwellings. He noted that the intent of the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 14, 2016 Page 21 SUBJECT DISCUSSION ACTION Comprehensive Zoning Ordinance was to restrict development in the Open Zoning Area. Mr. Hull explained that one of the tools that the County of Kauai has that no other island has is a one -time subdivision limitation on Agriculture and Open lands which restricts property owners from divvying it up and selling it off, however, there was a loophole. Mr. Hull stated that the County and the County Council ultimately closed that loophole in the past few years by allowing no more than five (5) units within the Open Zoning designation. Chair Figaroa thanked Mr. Hull for his presentation. Next Meeting Chair Figaroa announced the next meeting date is Thursday, May 12, 2016, Date and at 1:00 p.m. at the Mo'ikeha Building — Meeting Room 2A/2B. Agenda Topics for Discussion Administrator Furfaro encouraged the Commissioners to attend the Volunteer Appreciation Event and reminded them to RSVP with Lani. Chair Figaroa asked if there was anything to add to the next agenda to which there was none. Adjournment Chair Figaroa adjourned the meeting at 3:06 p.m. Submitted by: " y!=-4 ' — ` cie Agaran, Staff Support Clerk () Approved as circulated () Approved as amended. See minutes of meeting. Reviewed and Approved by: Joseph Figaroa, Chair