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HomeMy WebLinkAbout2015-5-14OpenSpaceMinutesApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date May 14, 2015 Resources Preservation Fund Commission Location MoAikeha Building — Meeting Room 2A/2B Start of Meeting: 2:05 p.m. End of Meeting: 3:15 p.m. Present Members: Chair Patrick Gegen, Joseph Figaroa, Dorothea Hayashi, Randall Blake, Teddy Blake Also present: Deputy County Attorney Ian Jung, Deputy County Attorney Jodi Higuchi Sayegusa; Planning Department Staff. Nani Sadora, Duke Nakamatsu; Boards and Commissions Staff: Support Clerk Darcie Agaran, Administrator Jay Furfaro Excused Karen Ono, Linda Dela Cruz, Shaylyn Kimura =Absent SUBJECT DISCUSSION ACTION Call To Order Chair Gegen announced that they will abbreviate the agenda a little for the Chair Patrick Gegen called the meeting to order convenience of some of the members. at 2:05 p.m. with five (5) commissioners present constituting a quorum. The meeting started with a roll call of the Commissioners, Planning Staff, and the Deputy County Attorneys. Approval of Chair Gegen announced that they'll go ahead and do the Announcements and Agenda Approval of the Meeting Minutes; as well as, the Receipt of Items for the Record, if any. He would like to defer all of Item F (Unfinished Business) to the next meeting. Then take up Item H (New Business) after that. Commissioner T. Blake asked if they could discuss what went on at Council to which Chair Gegen stated they'll leave that for the last item on the agenda, right before they adjourn. Chair Gegen requested for a motion to defer all of Item F. Commissioner T.Blake moved to defer all of Item F to the next meeting. Commissioner Figaroa seconded the motion. Motion carried 5:0. Announcements Chair Gegen asked if there were any announcements to which Ms. Sadora Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 OM SUBJECT DISCUSSION ACTION replied there were none from Staff. Boards and Commissions Administrator Jay Furfaro announced that he left the Commissioners a Project Punahele book. The County is moving forward with the planning of Black Pot, and that would be some of the material shared with that group. Approval of Minutes D.1. Minutes of March 12, 2015 Chair Gegen stated he had an opportunity to review the minutes of March 12, 2015, and they look complete in his analysis. Chair Gegen requested a motion to approve the meeting minutes of March 12, 2015. Commissioner Figaroa moved to approve the March 12, 2015 meeting minutes. Commissioner T. Blake seconded the motion. Motion carried 5:0. Receipt of Items Chair Gegen asked if there are were any items to receive for the record to for the Record which Ms. Sadora replied no. New Business H.1. Presentation by CIRI Land Development Company regarding their proposal to consolidate existing lots at Makahuena Point comprised of 25 lots of record (tax map key (TMK) Nos. (4) 2- 8-021: 044 — 068), one bulk lot (TMK No, (4) 2 -&021: 041), and two unnumbered road lots and re- subdivide the property into 10 single- family residential lots of approximately 1 acre each, and associated open space and infrastructure. Chair Gegen suspended the rules and opened it up for public testimony. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 3 SUBJECT DISCUSSION ACTION The Commission received verbal and written testimony (On file) from Arnold Albrecht. Mr. Albrecht testified that he has spent his professional career working on land issues at Lake Tahoe, and that his purpose for being here today is to advocate for better access to Makahuena Point and the area around it. Mr. Albrecht stated that when the proposal was originally made it called for a 60 ft. wide open space adjacent to the proposed public path. However, the access was downsized to 30 ft., and then reduced to a 20 ft@ wide open space. He understands that they're actually planning for a 30 ft. wide open space, but it involves a proposal to revoke or change the location of the Coast Guard public access service road easement for the maintenance of the Makahuena Lighthouse. He stated with all things considered they would prefer that it didn't get revoked, at least the Section Area 3, which is from the proposed parking lot down to the Makahuena Lighthouse. Mr. Albrecht stated he would like to see an open area all the way down to the shoreline setback and to the end of the property line where it is heavily used by the public. He stated they don't mind the public coming by, but would like to see a paved path that is ADA compliant from the proposed parking down to the Lighthouse. He stated one of their concerns is the scope of filling in the depression due to it being a 300,000 year old lava tube. Mr. Albrecht requested for the deepest part of the depression be retained and signed, if possible. He stated they are not looking for any type of developments outside of the signing and the access path, but would prefer that it goes all the way through the existing sidewalk which would make it consistent with other subdivisions. He stated currently they have a 10 ft. wide easement on the side of where they live down to the rocks that's available to the public and suggested Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 SUBJECT DISCUSSION ACTION perhaps having a green space access similar to the Po`ipu Kai Subdivisions would be good. He thanked the Commissioners for the opportunity to present his views on the project, as it reflects the views of his neighbors as well. Commissioner Hayashi asked for clarification regarding the 10 ft. wide easement on his property to which Mr. Albrecht replied they have an easement but he doesn't think its 10 ft., because it was built back in the later 70's. Commissioner Hayashi asked if the easement is wider than 10 ft. to which Mr. Albrecht replied he does not believe the easement is wider than 10 ft., because the area is relatively small and has 78 residences on the property, Commissioner T. Blake asked if CHU (Cook Inlet Region, Inc.) proposed an easement from the road down to the shoreline to which Mr. Albrecht replied yes, they have proposed a 20 ft. easement. Commissioner T. Blake stated after talking to Jen from CHU, it was his understanding that they are sticking with the 30 ft. easement because it was promised to the owners at a previous meeting for the owners. Mr. Albrecht stated it was originally supposed to be a 60 ft. easement, but it has dropped down to 30 ft. Chair Gegen asked if the Commissioners had more questions for Mr. Albrecht, and if not he would like to start the presentation by the CHU Land Development Company, Attorney Jung stated that the Commission may recall a rule change that whenever there is a subdivision creating six (6) lots or more, they must come before the Open Space Commission for consultation on the location Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 5 SUBJECT DISCUSSION ACTION of the easement. He further explained that the subdivision ordinance lines out the responsibilities for their standard 10 ft.. easement and that the location is what the Commission should comment on in terms of a. recommendation to the Planning Commission before they make a decision to approve the subdivision, which is why CHU first came before the Open Space Commission, KPAR -9 -2.9 PUBLIC ACCESS RIGHT -OF -WAY FOR SUBDIVISIONS Referral to Public Access, Open Space, and Natural Resources Preservation Fund Commission: Preferred Public Access Right -o f-Way Pursuant to Article MV Section 14.03.E the Planning Commission of the County of Kaua `i adopts the following administrative rules pertaining to the responsibility of the Department to enforce Chapter 9, Section 9 -2.9 of the Kauai County Code, 1987, as amended, concerning the exaction of public rights of way as part of a subdivision action. In particular, specifications of the Planning Department are required as part of the approval documents to be submitted to the Kauai Planning Commission. RULE: 2. Should an access way be required, the Department shall refer the application to the Public Access, Open Space, and Natural Resources Preservation Fund Commission for input concerning the location of the eventual access. 3. The Department shall also seek guidance from the Open Space Commission whether not only mauka -to -makai access is needed, but whether lateral access and the preservation o historical accesses should Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 SUBJECT DISCUSSION ACTION also be exacted. Chair Gegen stated he remembers CHU coming before the Commission about 6 -9 months ago to give an overview in which the Commission made some recommendations and suggestions. He commented that he understands why CHU is back because they are going to the Planning Commission for final approval. Chair Gegen asked if his assumptions were correct to which Jennifer Lim, CHU representative, replied yes, and stated that they will be going back to the Planning Commission for final subdivision approval. Ms. Lim stated she wasn't here in January 2014 when CHU first came to give a preliminary review and to get the Commission's feedback on the proposed public access. She stated since then the applications have been submitted for an SMA Permit and Class III Zoning Permits, which were reviewed by the Planning Commission in August. Ms. Lim stated they were successful and the approvals came with a number of conditions; one of which included providing public access. She stated that through the subdivision process Dennis Esaki prepared the Subdivision Application, and as Attorney Jung explained earlier, they are here again to describe where the public accesses are going to be and to get the Commission's feedback. Ms. Lim began her presentation by referring to a couple of poster boards; one of which showed the current subdivision, Lots 1 to 63 that was subdivided in the 1930's, which was part of the property mauka of The Point at Po`ipu and part of a much larger subdivision. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 7 SUBJECT DISCUSSION ACTION Ms. Lim stated that when The Point at Po`ipu property got cut and consolidated, their access also got cut off through that consolidation; however, the lots still exist and the County has recognized the 25+ lots. She stated that these are all pre- existing lots, which means they pre -date the Zoning Code and the 10% buildable restriction would not apply. She stated they also pre -date the Department of Health requirements for wastewater treatment plants, which means that they could put individual wastewater treatment plants on each one of the 25+ lots. Ms. Lim stated it is not the type of development that CHU wants to do because they have a very long -term and careful approach toward development. After looking at this for several years, CHU ultimately decided to do the project for a 10 lot subdivision that was presented to the Planning Commission for the SMA Permit. Ms. Lim stated there are four (4) elements involving public access one of which is public parking off of Pe'e Road. She pointed out that as things stand right now under the current subdivision, there is no public access although people continue to across the property. Ms. Lim confirmed that Mr. Albrecht was correct in which there have been discussions of what would be the right width of the easement labeled A -2. She explained in the application to the Planning Commission they asked for a 30 ft. easement; however, it's probably going to be 20 ft. wide for the actual pedestrian access and then another 10 ft. for the rock wall maintenance. She stated there will be a retaining rock wall on the mauka side of Easements A -2 and A -3 that will go through the subdivision and act like a de facto boundary of the property. Ms. Lim stated the lot lines will go all the way down to the ocean, but in effect, the rock wall is the end of the buildable area because through the shoreline setback determination and Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 mom SUBJECT DISCUSSION ACTION CIRI's willingness to save everything makai of the rock wall, it will be left in a natural state. Ms. Lim stated that during their discussions on making Easement A -2 wider, possibly 60 ft, and creating a "public park ", they also discussed providing parallel parking along the easement leading down to an area close to the lighthouse parcel. She stated in terms of making more buildable space for the developer, the layout itself actually worked better because without it there wouldn't be a parking lot right up front. She stated CIRI has received a lot of negative feedback from the people because they do not want anyone driving down there, nor do they want the people parking right at the boundary of their property. She stated in order to address their concerns they changed the easement to a 30 ft. wide pedestrian access instead. Ms. Lim stated through the Planning Commission process they have discussed and agreed to include some type of vegetation to make the open space a habitat for the seabirds. She stated they are not calling the open space a "park" because it's not intended to be something the County should maintain. She also confirmed that they are not putting in bathrooms or providing parking. This is the third component of the open space that they're proposing. Ms. Lim explained that the Easement A -3 is currently 20 ft. wide which will allow the public to walk across the property. The rock wall will be built on the other side of the easement. Ms. Lim stated although they're hoping that the people will stay close to the wall, it still brings up concerns about liability. They can't prevent people from walking to the edge of the property, but they think, in every respect, it's safer and better if they have Public.Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 SUBJECT DISCUSSION ACTION an area that's natural and desirable for people to walk on. Ms. Lim reiterated that the area makai of Easement A -3 will remain open and no improvements will be made, and it will remain part of each owner property. Chair Gegen asked if part of the reason has to do with the lot size because it will dictate the size of the building to which Ms. Lim replied absolutely. She stated that because the area will remain open zoning, the smallest lot size will equate to an acre. Chair Gegen asked if the Commissioners had more questions regarding the presentation. Commissioner T. Blake asked who will handle the liability for the land makai of the easement to which Ms. Lim replied it's her understanding that the County Council will accept the dedication, or they would request that it would be a public access easement. She stated through the public access easement process, the County will provide the landowner with an indemnification for opening up their land for the purpose of public access. She stated the makai area that's beyond the public access easement will be subject to a hearing on what the County is willing to accept and what it wants there. Ms. Lim stated they will definitely be putting a permit limitation on the makai area to prevent more building in the area and to the extent that the public will use it for recreational purposes which should provide liability protection under Chapter 5 -20. Chair Gegen asked if he was a fisherman and wanted to walk across the lot, would he be allowed to get to the public access easement that leads down to the ocean. Ms. Lim replied yes, and explained that if he was causing a Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 SUBJECT DISCUSSION ACTION nuisance or creating a dangerous situation, the Homeowners' Association will have the ability to prevent that. Commissioner Figaroa asked if the perimeter of each lot goes all the way down and includes the easements to which Ms. Lim replied it does. Commissioner Figaroa asked how the landowners will feel when they learn about the public access; is it stated in their contract that they are subject to be open to the community or can they as a group or association change their mind. Ms. Lim replied that is something that has to be shown on the subdivision map and be put into the deeds for the property; whether it's in the first deed or whether it's a separate document that they record against the property. Ms. Lim stated that anyone who wants to purchase the property will get the necessary materials, and there will be no way for them not to know that this area is restricted from development and that it's an area subject to public access. Commissioner Figaroa stated he is concerned that the Association will get together in the future and say they no longer want to give access to the public, which has happened before with other developers. He asked what will prevent it from happening again. Ms. Lim replied the covenant and the easement would be placed in perpetuity and that the Homeowner's Association will not have the ability to make any changes. She stated that once a landowner puts a restriction in perpetuity, it will stay that way forever. She noted that it's different from the typical condominium declaration because people can make changes Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 11 SUBJECT DISCUSSION ACTION more freely. Attorney Jung simplified it for the Commission stating that with the Planning Commission posing a condition and as those entitlements for the subdivision run with the land, so will the conditions. He added that the conditions will require them to provide access and it would be very difficult for them to take away the access because this is all pre - described. Attorney Jung asked if they are going to be doing a file plan or individual lot deeds to which Mr. Esaki replied probably individual lot deeds., Attorney Jung stated that when they do the individual lot deeds, it will have a note on the deed saying that there is an easement. Commissioner Figaroa asked for clarification whether the landowners will have to abide by it in perpetuity to which Attorney Jung replied it will be recorded prior to sale because the recordation is the final act of subdivision. Commissioner R. Blake asked who will be charged with maintaining the access to which Ms. Lim replied the Homeowner's Association. She stated that irrespective of whether or not the County accepts the dedication of the public access easement, the Homeowner's. Association would be doing the maintenance because it's in their best interest to do the maintenance and have control over it. Chair Gegen asked if they're planning on doing any improvements in an effort to try to keep people on the easement instead of wandering off, which brings up the question about ADA. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 12 SUBJECT DISCUSSION ACTION Ms. Lim replied that it will be made clear to where people are intended to walk and they're hoping that the natural topography will encourage people not to wander too far afield. As far as the ADA discussion, Ms. Lim stated that it's troubling and pretty excessive for a 10 lot subdivision. They're concerned that it's extremely expensive and extremely difficult. She stated that Mr. Esaki can tell the Commission whether or not it would even be feasible because of the topography of the property. Ms. Lim stated that they are not against being ADA compliant; she just doesn't think that it is the right place or the appropriate subdivision for that kind of exaction. Chair Gegen asked is it not a requirement to which Attorney Jung replied no, it's not. He explained that most of our trail easements are considered trails for public access so they fall under an exception of ADA. If they're natural trails, then they can stay non - compliant with the ADA's because they're intended to be trails under natural conditions. Attorney Jung stated that the Code does not require it. He added that if the Commission wants it paved and ADA compliant, one of the issues they will have to tackle is that the County will, at some point, have to inherit the basic cost of maintaining it and keeping it up to par versus all of our other trails that we keep in their natural conditions. - Chair Gegen thanked Attorney Jung for the clarification. He reiterated what Mr. Albrecht said about a lot of people currently going down there, so it's obvious that it's relatively accessible to a lot of people already. Chair Gegen asked what is the building code and how close can a building be built to the easement to which Attorney Jung replied where the homes are going to go in the easement, they don't calculate the easement area for a setback; so the setback line would be calculated based on the lot line. The Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 13 SUBJECT DISCUSSION ACTION could build right up to the easement line if they wanted to. Chair Gegen stated chances are they won't because there will be people walking there to which Ms. Lim agreed. She stated that the other thing is the lot coverage limitation; the open district is pretty significant. Ms. Lim stated it's 10% max lot coverage, so it's unlikely a homeowner would want to build a little postage size house so they could have a super long driveway. She added that there's no reason to try to be right up close to the rock wall in any of the lots. Commissioner T. Blake asked if they have researched any other type of ADA that doesn't use pavement or concrete because. when they did a plan for Hapa Trail, their planner showed them different places that were ADA compliant without asphalt or concrete. Commissioner T. Blake stated he was just wondering if they had found that out, and if not, he can ask the planner to contact them. Ms. Lim replied she didn't know about that and she would be interested in hearing and learning about it. Mr. Esaki added that he's not an ADA expert, but if they put an impervious surface, then it counts against the 10% lot coverage, so that will diminish how much you can use for development. Commissioner R. Blake mentioned using compacted, crushed coral as an alternative surface for a pathway. It's not concrete, it's not asphalt, it's somewhat of a natural material that's compacted, and it doesn't get into the runoff; it can be penetrated by rainwater. Commissioner R. Blake asked if the foot trail shown on the previous map connects to the adjoining roe to which Ms. Lim replied that The Point Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 14 SUBJECT DISCUSSION ACTION at Po`ipu has a sidewalk that runs along the adjoining property, but she doesn't recall if it connects. Commissioner R. Blake asked if the proposed road will be a private road or a County road to which Ms. Lim replied it's supposed to be a private road that's going to be built essentially to County standards, but it's proposed to be a private road. Commissioner R. Blake asked if it will be gated to which Ms. Lim replied no. She stated they had discussions about that, but when she looked over the minutes from the last January meeting, she discovered that CHU had announced that they wouldn't have it be gated. Ms. Lim added that the idea with keeping it private is to address the concerns about parking and give the homeowners comfort that they have the ability to control what happens on their street. Commissioner Hayashi wanted to understand more about the sinkhole in terms of what they're going to do with it and how are they're going to fill it; and will water be able to percolate to which Ms. Lim replied that she might have to ask Mr. Esaki for a little support when it comes to the technical side of it. She stated that the property is going to be leveled with material that's currently on the property and no outside material will be brought in, She stated CIRI had a Geo Tech go out to the worksite to ensure that they can make each of the lots secure, and appropriate for containing a house and wastewater system. Mr. Esaki stated that presently, the wastewater on Pe`e Road, above the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 15 SUBJECT DISCUSSION ACTION project, goes through.The Point property, to the upper right, and then down to the ocean. He confirmed that the depression does not collect all the water right now; it basically goes down towards the ocean. Mr. Esaki stated that they don't feel that filling it will increase the runoff because the depression is being taken away. He added that each lot will have to take care of any increase in flow, so they're working on that study right now to make sure that no additional flow goes directly to the ocean. Ms. Lim stated that they had a geologist come out to check the depression and he determined that there is a collapsed lava tube that could be filled with the materials that are onsite. Commissioner Figaroa asked if there is a diagram showing where the location of current rock wall to which Ms. Lim replied there's no rock wall there right now. Chair Gegen explained that they're going to place the rock wall on the mauka side of the 20 ft. easement. It'll be a barrier, so if he's walking on the easement, he'd have to jump the wall to get into someone's yard. Ms. Lim further explained that the rock wall will be on the inside part of the easement and it will have the drainage retention basins for each of the lots. The 3 ft. rock wall will create an area where people will be able to build and will span the entire length of the property. Commissioner Figaroa asked if the public access will be documented and specifically worded as a public access easement to which Mr. Lim replied it will be clear on the subdivision map where the public access easements are and the subdivision map will describe what goes into the deed. She Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 16 SUBJECT DISCUSSION ACTION explained that she's not hedging, and she doesn't have the exact words, but it'll be very clear that it's a public access easement; there will be an open space easement and there will be a parking easement. Ms. Lim stated they're going to have a little different names. Commissioner Figaroa asked if it will be clarified to which Ms. Lim replied yes. Chair Gegen asked if the Commissioners had any other questions. Commissioner Hayashi asked if it's a possibility that they are going to set a timeframe for when the public can access the property because it may create a problem for the local people that prefer to go fishing at night. Ms. Lim replied that CIRI understands the people are interested in fishing, particularly at nighttime, so it will be allowed. She stated that the area marked A -5 is going to be held as an open space easement area, but there will be limitations on what can go on in that area. Mr. Esaki stated there are she arwater birds' nesting grounds in parts of the area that they proposed as public access, which is why they don't want to make a lot of improvements in that area. Chair Gegen asked is there any sort of height restriction for anything near the wall; as far as, planting or anything to which Ms. Lim replied no. She stated that a requirement under the SMA Approval and the Class III Zoning Approval is that they have to do a landscaping plan; as well as, design guidelines and a color scheme for what can be built on the project. This will need to be presented to the Planning Department and approved, so it will set forth whatever limitations, but ultimately limiting people on how Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 17 SUBJECT DISCUSSION ACTION high their trees can go is pretty intrusive and pretty expensive. Ms. Lim stated she wanted to address one more thing that Mr. Albrecht had brought up in his testimony. She confirmed that he was correct in stating there's an existing access easement that's in favor of the United States. She also noted that KIUC has a utility easement that runs almost in alignment with what they have proposed for Easement A -2, but when the easement gets closer to the ocean, near Proposed Lot 7, CIRI's curves closer to the water; whereas, KIUC's easement goes on a sharper turn. Ms. Lim confirmed they have approached both the General Services Administration and KIUC to talk about realigning the easement. Although they haven't formally documented the conversation, there hasn't been any negative feedback. Ms. Lim stated it's unnecessary to have two (2) easements right next to each other and it would actually create a very difficult situation for Lot 7 and part of Lot 8 because there would be an access easement cutting across a large area, so the plan is to essentially move the easement over to be in alignment with the public access easement. Commissioner Figaroa asked if the public would be limited on access because of the shearwater conservation area to which Ms. Lim replied she doesn't think that would be the case and it's not the intention. She stated that they know there are shearwater nests and people currently walk through the property, so she doesn't think it should prevent people from being able to access it. The Department of Fish and Wildlife requested to have an area where the shearwaters could go. It'll be an area where they can go and nest, and it'll encourage them to nest in one area rather than all over the individual lots. Ms. Lim stated that the shearwaters are not covered under the Endangered Species Act; they're not threatened, nor an Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 18 SUBJECT DISCUSSION ACTION endangered species. Attorney Higuchi Sayegusa stated that these are the wedge - tailed shearwaters,, not the ones preventing the football games on Friday nights. In regards to Commissioner Figaroa's concern, Mr. Esaki stated that he believes that any changes to the conditions on the subdivision would need to go back to the Planning Commission. Chair Gegen confirmed Mr. Esaki's statement. Chair Gegen stated in actuality, this is the first subdivision the Commission had an opportunity to, look at; they did look at another one, but it fell through. He stated that ultimately what their Commission is concerned about is ensuring that they do have access, that people have the ability to access the shoreline, and obviously connecting with the other trails is wonderful. Chair Gegen stated that the current access won't be as nice as what will be and the parking will be much easier, too. He reiterated that their Commission is really looking at the access and making sure that they're meeting the Planning Commission's requirements, and if they see any problems with the access or anything that would want them not to accept it as is. Chair Gegen asked if they needed a motion to say that the Open Space Commission has sat through the presentation by CIRI, asked their questions, and feel that as far as access ability to the open space and the ocean seems to be clearly met in their opinion, and would concur with moving forward to which Attorney Jung replied yes,. Chair Gegen requested for a motion. I Commissioner Blake moved to send a letter to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 I'._ ' SUBJECT DISCUSSION ACTION the Planning Commission saying that they believe this is a good plan going forward. Commissioner Hayashi seconded the motion. Motion carried 5:0. Chair Gegen asked the Support Staff to draft a letter to the Planning Commission. Chair Gegen stated to Mr. Albrecht that he understands where his concerns are coming from, but it seems more like a Planning Commission issue rather than Open Space. Ms. Lim and Mr. Esaki thanked the Commission.: Mr. Albrecht stated he wanted to be reassured that the easement will be 30 ft. wide, not the 20 ft. shown on the preliminary map to which Chair Gegen replied yes, that's what they heard and that's what they're basing their decision on. If there's any questions, he can go back to the minutes. Mr. Albrecht thanked the Commissioners and expressed his appreciation for the opportunity to represent himself and his neighbors. Chair Gegen asked if there were any other comments from the public. Mr. Furfaro advised the Commissioners that as they get into this procedural review, what they're reviewing is recommendations and/or conditions. He recommended that perhaps in the future they can note "no further recommendations and/or conditions" to say that they're accepting it, rather than have a very drawn out motion trying to cover all the particulars. It's just a procedural piece and he doesn't think the County Attorney's office Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 I'._ 1 SUBJECT DISCUSSION ACTION would disagree with that. Chair Gegen thanked Mr. Furfaro for the recommendation,. Commissioner T. Blake announced that there was a council meeting last Wednesday where they discussed the percentage amount they'll be taking out through real property tax. He doesn't think anybody in the public supported it because as the Commission is being cut back on their funds, it'll take them approximately 3.5 years to make $1 million; whereas they're currently receiving $1 million. Commissioner T. Blake explained the problem is that the economy is going up, prices are going up, and so whatever they're looking at also goes up geometrically. The Council Chair kind of put the Commission on the spot by saying "what have you guys been doing ?" Commissioner T. Blake stated he didn't want to be confrontational and responded by saying the Commission has done all of their work, so the Council needs to do their part; find out if it's in their hands or where it may be held up. Commissioner T. Blake stated he was a little concerned about the Council Chair's tone and the tone of the majority. He added that they unfortunately passed the resolution to drop it back down to .5% Attorney Jung clarified that it passed only on Committee, so it has to go to second reading. Chair Gegen thanked Commissioner T. Blake, and explained that he was out of town which is why he wasn't at the Council Meeting, but he had the opportunity to review the tape and he thought Commissioner T. Blake's testimony was very good, very valid, and that he brought up the most important points that any one of them could have made. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 21 SUBJECT DISCUSSION ACTION Commissioner T. Blake stated that the case in point, or an example, would be the Hoban property that they're trying to pick up. The property owner is asking for $600,000 for that easement, which he thinks is more than what was paid for the entire lot. Commissioner T. Blake stated this is the type of citizens they'll be working with in the future because a lot of the people that are coming down now are very substantial; and as far as they're concerned, their word is law. He stated that this is something the Commission needs to be very vigilant about. Commissioner T. Blake added that living in Hawaii is premium as it is and open space is even at a higher premium. We're an island that makes use of the entire area and ahupua`a; from the beaches to the mountains. He stated people like to surf, which is considered a cultural activity, and people like to fish at night. Commissioner T. Blake explained that there are certain fish, like menpachi that you only catch around 1 or 2 o'clock in the morning and most people that go fishing at night sleep; they're not partying. He added that there's probably more night fishermen on this property now than any other place because it's vacant, and there shouldn't be any problems unless the neighbors start complaining that they're making too much noise. Commissioner T. Blake stated that they need to figure out how it can work with both the residents and the community because Kauai is a small place, Hawaii is a small place, and you have to go along to get along; that's one message he likes to always harp on, and it makes for a much more pleasant community. Chair Gegen agreed and thanked Commissioner T. Blake. He announced for the Commission's knowledge that the Open Space Commission will be a topic in a future Committee Meeting relatively soon because he knows that Planning Director Dahilig will be going in and having to outline some Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 22 SUBJECT DISCUSSION ACTION of the things that the Commission has been working on, so he advised them to keep their eyes open and if they want to go and add their mana`o, it would be wonderful. Chair Gegen stated that he attended the meeting yesterday because it was originally scheduled for that time, but it was deferred so he had the opportunity to address some of the same issues Commissioner T. Blake did. Commissioner Hayashi wanted to explain her stance and said that she went to the Council as well, as a private citizen. She understands what Commissioner T. Blake said because it was very difficult for her; however, as a private citizen, that's the stand she took with assurance because the Council created the Open Space. So she asked Mel, if and when there should be a time that the Commission may need funds more than what's in the Open Space account, would they be willing to fund the Commission. Commissioner Hayashi stated that Mel said he would be; but of course one never knows. Attorney Jung clarified that the Charter created the Open Space Commission Fund, then the Council passed the Ordinance to, basically, outline procedures for it, and that's what the people voted for. Chair Gegen stated the minimum in the Charter was set at .5 %. Attorney Jung stated what happened historically was that it was set at a minimum of half of 1 % o, then there was a bill to bump it up to 1.5 %, and now it's coming back around to set at a minimum of half of 1 %. He added that if you set it at a minimum of half of 1 %, every year the Council can evaluate the coffers and see if they should add more or not.. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 23 SUBJECT DISCUSSION ACTION Commissioner Hayashi asked if it was annually to which Attorney Jung replied not anymore. He stated now it's the 1.5 %, but previously it was a minimum of half of 1 %, so they could've gone higher, they basically set a floor. Commissioner Hayashi asked if and when the Commission needs more funds, would it be possible to go into the General Funds and get allotted to which. Attorney Jung replied that's what happened with the Hodge piece. He stated that they were able to funnel money from Parks Special Trust Fund, so there are other accounts that Council can look at. Mr. Furfaro stated that in his new role, he's here to advise Boards and Commissions. He explained the fact of the matter is that half of I% is the earmarked allowed; previously it was bumped up to 1.5 %. Mr..Furfaro stated that he wants to make sure the Commission knows that as Commissioners, there'. s a time when you ask for money and there's a time for how you can attract other money. He used the startup of the Open Space Commission as an example. Mr. Furfaro stated there was no staff when the Open Space Commission was set up. There was a separate money bill that added the Staff. It was introduced by Mr. Furfaro and Joann so that the Support Staff came out of the budget resources, separate from the allocation of the money. He stated over the last seven (7) years, there have been four (4) charter amendments that changed and added additional operational staff. The expansion of the bus, the creation of an Audit Department, these are things that were not in the past budgets, but are actually operational costs, including the department called Boards and Commissions. Mr. Furfaro stated these are voted on by the public, but they were new operating costs that were put there. He explained that the Council has a resolution that requires them to set aside a reserve, and it is Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 SUBJECT DISCUSSION ACTION recommended by the Councils of Counties that the Counties have a reserve that is 8 % to 12.5% of their annual budget. Mr. Furfaro stated "The County lost $13 million a year for three (3) consecutive years by the fact that they capped us on how much we get from the transient accommodation tax." One of his recommendations was to talk in terms of committing the money that you get in your each year collected as a commitment to borrow money, like money that's there to float a bond. The second recommendation was to figure out when would be the best time to shop for money to ask the Council, who has the authority, which is after they build up the reserves again. Mr. Furfaro stated that the reserve recommendation at $180 million operating budget, the County should have an emergency reserve about $15 million. He added that at the end of the last CAFR, there was only about $8 million there, so timing is important as well. Chair Gegen thanked Mr. Furfaro for the information. Unfmished Business F.1. Update on recommendation to County Council for condemnation resolution for a portion of TMK (4) 2 -6- 003:017 to obtain a pedestrian public beach access easement to Kukui`ula Bay through the former Hoban property and discussion on alternative pedestrian public beach access options to Kukui`ula BU. This item was deferred to the next meeting. F.2. Review and discussion on 4.860 -acre archaeological parcel in Po`ipu located at TMK: (4) 2 -8- 031 -199. This item was deferred to the next meeting. F.3. Update on vacant commissioner position. This item was deferred to the next meeting. F.4. Review and discussion on past recommendations and prioritization of the Commission's work plan/timeline of events and activities includin Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 Page 25 SUBJECT DISCUSSION ACTION spreadsheet of Commission's task list. This item was deferred to the next meeting. F.5. Review and discussion on CGB/Evslin properties further identified as Tax Map Key (4) 1 -3- 005:040, 053, and 054. This item was deferred to the next meeting. F.6. Review and discussion on access to Lawa`i Kai beach. This item was deferred to the next meeting. F.7. Review and discussion on Kaha Kai Condominium parcel located at TMK: (4) 24- 017 :016. This item was deferred to the next meeting. F.$. Review and discussion on Trust for Public Land request for the Commission's consideration regarding the Embracing Kuleana at Waipa Project; Kaluanono, TMK: (4) 5 -6- 004:010 and Halulu Fishpond Access, This item was deferred to the next meeting. TMK: (4) 5- 6- 004:017. F.9. Review and discussion on Alexander Dam. This item was deferred to the next meeting. Next Meeting Agenda topics under Unfinished Business will be replicated from this Date and current agenda. Agenda Topics for Discussion Commissioner R. Blake stated they made a motion to send a letter to Fish and Wildlife saying that they're going to comment and asked for an extension, but he doesn't know whether they heard back. He's concerned that it'll be another 30 days before they can do anything. Ms. Sadora stated that she doesn't believe anything went out to them, so they'll look into it this week and get information from Attorney Jung to go ahead and send it out. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 14, 2015 SUBJECT DISCUSSION ACTION Commissioner T. Blake explained they had a deadline which they weren't moving from. He stated that Open Space meets once a month, the Na Ala Hele Council meets once a quarter; and these are the committees that look into it. Commissioner T. Blake sent a letter from Na Ala Hele to Fish and Wildlife, but they never responded. His concern is that there are cultural activities that the Fish and Wildlife haven't looked at. Commissioner T. Blake stated that the Hawaiian day starts at dusk, and explained that "night" in Hawaiian is "po" and "day" is "la ", so po takes up a lot of things because the Hawaiians did a lot of stuff at night; they work when it's cool. He's also concerned about Kahili because now they're bringing down shearwaters to nest there, that aren't from there, and when they start nesting, no one will be able to go there at all. Commissioner T. Blake stated with Zuckerberg buying up the property on one side and the shearwaters buying up the property on the next, where are you going swimming? And with Mr. Somers still not letting anyone go up to the falls, the public's stuck. Attorney Jung assured the Commission that the County does have an easement off Koolau Road that goes down a roadway easement down to Kahili Beach. The County also has an easement interest in the Kahili Quarry Road; although it stops at the US Fish and Wildlife's ownership of the lot. Attorney Jung stated they're going to send someone to stake out the P4 easement, then there will be access to the river. So there will be access to the beach from Koolau Road, and there will be access to the river on the other side, K11auea side, from Kahili Quarry Road. Attorney Jung stated that a condition was placed in Mr. Somer's permit to require him to improve the roadway down to the boundary of the Fish and Wildlife lot. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session May 44, 2015 Page 27 SUBJECT DISCUSSION ACTION Chair Gegen asked the Commissioners to send him anything that needs to be placed on the next meeting agenda, and he'll forward it to Ms. Sadora. Chair Gegen announced the next meeting date is on Thursday, June 25, 2015, at 1:00 p.m.. at the Mo'ikeha Building — Meeting Room 2A/2B. Adjournment I Chair Gegen adjourned the meeting at 3:15 p.m. r Submitted by: Staff Support Clerk () Approved as circulated () Approved as amended. See minutes of meeting. Reviewed and Approved by: Patrick Gegen, Chair