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HomeMy WebLinkAbout2015-9-10OpenSpaceMinutesApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Public Access, Open Space and Natural Meeting Date September 10, 2015 Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:00 p.m. End of Meeting: 2:14 p.m. Present Members: Chair Patrick Gegen, Dorothea Hayashi, Linda Dela Cruz, Teddy Blake, Karen Ono, Jett Jasper, Shaylyn Kimura, Randall Blake (entered at 1:01 p.m) Also present: Deputy County Attorney Jodi Higuchi - Sayegusa; Planning Department Staff: Nani Sadora, Duke Nakamatsu; Boards and Commissions Staff: Administrator Jay Furfaro, Support Clerk Darcie Agaran Excused Joseph Figaroa Absent T SUBJECT DISCUSSION ACTION Call To Order The meeting commenced with a roll call of the Commissioners, Planning Chair Patrick Gegen called the meeting to order Staff, and the Deputy County Attorney. at 1:00 p.m. with seven (7) Commissioners present constituting a quorum. Commissioner R. Blake entered the meeting at 1:01 P.m, Approval of Chair Gegen announced that it was brought to the Commission's attention that Agenda they should not have so many items under Unfinished Business. Going forward, Chair Gegen will ask for a motion to receive each item, which will retire the items off of the agenda. He explained that they can build the next agenda to request for communication regarding the status of each item; that way they are not carrying through so much Unfinished Business. Commissioner T. Blake asked for further clarification to which Chair Gegen replied that OIP does not like having a lot of Unfinished Business on the agenda. Chair Gegen stated that instead of continuing to carry the items under Unfinished Business, they will receive the item for the record, and they will schedule further updates and /or discussions under New Business on the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 2 SUBJECT DISCUSSION ACTION following agenda. Commissioner T. Blake asked if they are moving the items from Unfinished Business to New Business to which Chair Gegen replied essentially. Chair Gegen stated that it will clean up the agenda a little. With no suggestions for revisions to the agenda, Chair Gegen stated the agenda will stand as -is. Announcements There were no announcements. Approval of Minutes of August 13, 2015 Commissioner Ono moved to receive the Meeting Minutes minutes of the August 13, 2015 meeting as circulated. Commissioner Dela Cruz seconded the motion. Motion carried 8:0 Receipt of Items There were no items to receive for the record. for the Record Chair Gegen explained that he received a document from the Office of Planning, State of Hawaii regarding alternative funding mechanism for acquisition improvement and maintenance of shoreline public access. After he reviews it, he will bring it to the next meeting for the Commission to look over. Public Comment All public testimony pursuant to HRS 92 (Sunshine Law) There was no public testimony. Unfinished Business G.1. Update on recommendation to County Council for condemnation resolution fora portion of TMK 4 2 -6- 003:017 to obtain a pedestrian Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 SUBJECT DISCUSSION ACTION public beach access easement to Kukui`ula Bay the former Hoban property and discussion on alternative pedestrian public beach access options to Kukui`ula Bay. Chair Gegen stated that the Commission has a copy of the resolution in front of them that was forwarded from the Administration through the Planning Department to County Council. Chair Gegen asked if any action was taken to which Attorney Higuchi- Sayegusa replied that County Attorney Mauna Kea Trask can provide the update. Attorney Trask stated that this item was on the Council's agenda the week before last and the matters were discussed in Executive Session. Council was reminded of the record and they reviewed what went on in the past. Attorney Trask stated that the current appraisal that the County uses was an appraisal done by the Hallstrom Group for Kukui`ula for the value. He added that the previous owner, the Hoban's, now the Leight Trust, is using their appraisal, which is different from the County's, that includes what they are arguing are severance damages and other damages that could attach to any condemnation proceeding, blight of summons, etc. Attorney Trask stated that it's their understanding that the owners are getting an updated appraisal. He stated that the Council would like to see them get an updated appraisal as well that would include things like blight of summons damages, severance damages, what's called for under HRS Chapter 101, which is the Eminent Domain Statute, Attorney Trask added that he agrees with the Council's request and thinks it is a good idea. Attorney Trask stated that if it goes to a condemnation proceeding, one (1) of the issues would be determining the public purpose. He thinks it's clear, and that is Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Um SUBJECT DISCUSSION ACTION public access. The other issue is the value; just compensation, which equates to fair market. Attorney Trask stated that it will be a battle of the experts because he doesn't think anyone can say that public access is not public use. He added that everything will come down to price, so he would like to get that update. He would like to see the total supreme gold package. In addition, he would like a contract or any expert witness fee or any expert witness services by the same appraiser, so they are tight no matter what happens. Based upon what was discussed on Council floor, the push for condemnation is a big thing because you're taking private property. Attorney Trask stated that everyone would always like to see an amicable situation, preferably negotiated, so they are keeping all avenues open. He believes their strongest position, whether proceeding with negotiation or condemnation, is to have an updated appraisal. Attorney Trask requested for the Commission to authorize the request to get an updated appraisal, and then they can take it from there. He added that he spoke with Mr. Belles and Mr. Graham. He last spoke with Max at the end of August. Attorney Trask reiterated that the next step would be to get the updated appraisal, review it, then they can move one way or the other. Commissioner T. Blake stated that the prices in the area have gone up immensely, and they are selling at those high prices. He added that had they move on this one (1) or two (2) years ago, it would have been no problem. Today, the price will be extremely inflated. Commissioner T. Blake stated that he is not an appraiser, but it is common sense that if the lot next door is listed at a high price, this lot will be higher because it is on the water. Commissioner T. Blake asked at what point does the Commission say it is out of their reach or do they ever reach that point? Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 5 SUBJECT DISCUSSION ACTION Attorney Trask replied that he thinks everyone has their role to play. He stated that the Commission is the advisory board that represents the community, as far as making the initial recommendations. The Mayor represents the community that voted for him, and Council represents the community as well. Attorney Trask stated that price is a consideration for the Commission, and ultimately it comes down to money and Council holds the purse strings. He added that the Commission's responsibility is advice; getting that information. Attorney Trask agreed that the quicker, the more expedited, the better. He didn't want to pepper the record because it is a public record with speculation as to how much it's worth or whether it's going to be worth more. Attorney Trask stated that his position is, it's always worth less. He mentioned that the Commission's recommendations can be brief. They just need to provide the necessary information. It does not have to be so complex to delay the ultimate action or to further complicate matters. Attorney Trask reiterated that he agrees that expediting the process is key, which is why he is requesting authorization immediately so he can move. He stated that it would not be a new appraisal, but an updated one. Chair Gegen stated that they've made their recommendation, so now it is up to the Council and the public process as to whether or not the County decides to expend the funds. Chair Gegen asked if Attorney Trask needs an authorization from the Commission or a recommendation to Council to release the funds out of the Open Space Fund for the appraisal. Chair Gegen stated that Council previously made a resolution in order to release the funds out of the administrative portion the first time they completed the appraisal. Chair Gegen stated that he wasn't sure if any action was needed on the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 '._- • SUBJECT DISCUSSION ACTION Commission's part. Attorney Trask requested for a motion to approve or to support an updated appraisal to verify that the Commission is okay with taking the necessary steps to move forward. Commissioner T. Blake moved to allow Council to allocate the funds necessary to get an updated appraisal regarding the Hoban property. Commissioner Dela Cruz seconded the motion. Discussion: Commissioner Jasper asked if the appraisal is only valid for six (6) months to which Attorney Trask replied that he didn't know. Attorney Trask stated that he wasn't sure what the industry standards hold, but would prefer for the appraisal to be valid for as long as possible, so he would like to address it in the scope of the contract, if possible. He would like the appraisal to be one that he can use whether they proceed with negotiation or condemnation. Attorney Trask noted that he hates to speculate on the record because it could bite them in the future. With no further discussion, Chair Gegen called for the question. Motion carried 8:0 G.2. Review and discussion on 4.860 -acre archaeological parcel in Po`ipu located at TMK: (4) 2 -8- 031 -199. Ms. Sadora stated that she assembled the acquisition plan using the documents they received in the past from Malama K61oa. Chair Gegen asked if it includes any monetary figures and if those discussions have occurred to which Ms. Sadora replied that they talked about it on the floor previously, which is an estimated value from $60,000 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 7 SUBJECT DISCUSSION ACTION to $1005000. Ms. Sadora asked if there is a different process for an outright purchase since it is an archaeological site to which Attorney Higuchi - Sayegusa replied that she didn't find any additional processes in the law. Ms. Sadora asked the Commission if they would consider doing a conservation easement and an outright purchase. If they proceed with an outright purchase, she will need to make contact and develop a partnership with Hawaiian Islands Land Trust (HILT), Ma-lama Ko -loa, and Cultural Survey's Hawaii. The idea was to reach out to them for monetary contributions as well. Chair Gegen asked for the Commissioners' thoughts. Commissioner R. Blake requested for representatives of the potential partners to appear before the Commission. Chair Gegen requested for a copy of the acquisition plan that Ms. Sadora compiled. With no objections, Chair Gegen deferred the item to later on in the agenda while Staff generates copies of the acquisition plan for the Commissioners to review. Item was deferred to later on in the agenda. G.3. Review and discussion on past recommendations and prioritization of the Commission's work plan/timeline of events and activities including spreadsheet of Commission's task list. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 NM SUBJECT DISCUSSION ACTION Chair Gegen explained that the spreadsheet was originally made to show what activities have happened. He noted that copies of the spreadsheet can be obtained from Ms. Sadora. Chair Gegen stated that it is a very vague item and he's not sure if it should be included on the agenda unless they will be looking at the spreadsheet. Chair Gegen asked if the Commissioners had any thoughts. Commissioner Hayashi felt that the Salt Pond area will be a major concern when they have their community association meeting later on in the month. Chair Gegen asked if she would like to add it as a new item for discussion on the next agenda to which Commissioner Hayashi replied yes, then the Commission can decide if they want to move forward on it or not. Commissioner Hayashi mentioned that the Mayor said he was going to work on it, but they haven't received any information on that. Chair Gegen confirmed that Salt Pond will be placed on the next agenda for discussion. Chair Gegen called for a motion to receive Item No. 3. Commissioner T. Blake moved to receive Item G.3. Commissioner Ono seconded the motion. Motion carried 8:0 GA. Review and discussion on Kaha Kai Condominium parcel located at TMK: (4) 2- 8- 017:016. Ms. Sadora stated there was no update from the Hui, but they are continuing to work with the current landowners. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 SUBJECT DISCUSSION ACTION Chair Gegen suggested for the Commission to receive this item and they can place it back on the agenda when there is updated information or they choose to move on something on their own. Chair Gegen called for a motion to receive this item. Commissioner Ono moved to receive Item GA. Commissioner Dela Cruz seconded the motion. Motion carried 8:0 G.S. 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, TMK: (4) 5 -6- 004:017. Ms. Sadora noted that she spoke with Laura from Trust for Public Lands, and they are expecting to receive their completed appraisal by September 15"'. Once Laura receives the appraisal, she will contact Ms. Sadora and work out a new timeline. Ms. Sadora reassured the Commission that Trust for Public Lands continues to move and they still have the same support that they initially had. She noted that they are probably looking at the first part of next year for an actual purchase. Chair Gegen stated that it seems they will have new information in October, so it would be favorable for the Commission to receive an update. Ms. Sadora stated that she should have updated information available, as far as what the next steps would be, at the next Commission meeting. Commissioner Kimura asked for the price that was given to which Ms. Sadora replied $1.1 million for both parcels. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 1 SUBJECT DISCUSSION ACTION Chair Gegen stated that Trust for Public Lands had a number of various funding mechanisms. Ms. Sadora noted that they received the Legacy Lands monies earlier in the year. Chair Gegen asked for the monetary amount that was requested for from the Commission to which Ms. Sadora replied $1.1 million. Chair Gegen stated that this item will be placed on the next agenda for a new update. With no further questions or comments, he called for a motion to receive this item. Commissioner Kimura moved to receive Item G.5. Commissioner T. Blake seconded the motion. Motion carried 8:0 G.2. Review and discussion on 4.860 -acre archaeological parcel in Po`ipu located at TMK: (4) 2 -8- 031 -199. (Continued) Chair Gegen stated that the Commission received the potential acquisition plan that Ms. Sadora put together. Ms. Sadora noted that they located the subdivision files for this parcel and are currently reviewing it because there should be a preservation plan that would have been part of the subdivision process. She stated that they are looking for anything to provide history, or anything that could be beneficial for the Commission to consider when it comes time for purchase; especially since they are seeking the partnership with HILT. Ms. Sadora stated that she believes Cultural Survey's and Malama Koloa have enough information on their own since Cultural Survey's completed the archaeological research and surveying in the area since the beginning. Commissioner Hayashi asked for an explanation on "conservation Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 11 SUBJECT DISCUSSION ACTION easement." Attorney Higuchi - Sayegusa stated that the conservation easement would put a restriction that would run with the land. She added that it's an additional protection that would be recorded in the deeds. Chair Gegen stated that his understanding was that this parcel could not be developed on. He asked if that was correct to which Ms. Sadora replied yes. Attorney Higuchi-Sayegusa stated that if there is any restoration or use of the property, it will likely trigger historic preservation laws that will require certain oversight of how clean up, restoration, or any development would have to be done. Ms. Sadora explained that a preservation plan, which would be really detailed, was required to explain how the area would be kept and the guidelines that would need to be followed for maintenance of the area. She noted that there are five (5) archaeological sites in that subdivision. With the preservation plan, they would know what the purchaser's intentions were, as far as their intent on how to maintain the property. Ms. Sadora noted that they included "conservation easement" into the acquisition plan because HILT suggested to consider it as an option. Chair Gegen stated that he's curious to find out what sort of access would groups like Malama Ko1oa and /or the public have if it became a conservation easement. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 12 SUBJECT DISCUSSION ACTION Attorney Higuchi - Sayegusa stated that a conservation easement does not have to cover the entire property. It could cover portions that they want to protect. She mentioned that she's verifying it, but there are tax benefits for placing certain portions of a property in a conservation easement. Chair Gegen stated that a conservation easement might be attractive to the current owners instead of an outright sale. He suggested to look into the conservation easement a little more, and understand if it's something that they would want to approach the landowners with as an option. Chair Gegen felt that they have good partners with Ma-lama K61oa and Cultural Survey's because they are interested in preserving the area. Commissioner Kimura asked if Malama Koloa was included in the preservation plan to which Ms. Sadora replied no. Ms. Sadora explained that the preservation plan was generated when the property was first subdivided, which was a long time ago. Commissioner Kimura inquired about Malama Koloa's goals to which Chair Gegen replied that they are similar to Kaneiolouma where the property is put in public trust and there is a Hui that is tending to and rehabilitating the land. Commissioner Kimura stated that this property seems very culturally rich and definitely worth protecting, but she is interested in understanding what the ultimate goal would be; what it would look like if everything comes together. Ms. Sadora stated that it's something that should come from Ma-lama Koloa, so she suggested to keep this item on the agenda for the next Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 13 SUBJECT DISCUSSION ACTION meeting where Commissioner T. Blake can be present as a representative of Ma-lama K61oa, instead of a Commissioner. In looking at the communication they received from Cultural Survey's, Ms. Sadora believes that once this site is restored, it can share the history of the `auwai system through the K61oa area. She added that the significance is big and they intend to restore it as closely as possible to what it should be. Chair Gegen agreed that it would be appropriate to place this item on the next agenda for more information and possibly an update from Ms. Sadora regarding the preservation plan. He also suggested having Ms. Anderson from HILT attend the next meeting to discuss what her thoughts are on the partnership. Chair Gegen stated that it might be good to see what they are doing and they could possibly provide additional information on the conservation easement. Attorney Higuchi - Sayegusa stated that she will research more on the tax benefits and any other benefits that she can find. With no further comments or questions, Chair Gegen called for a motion to receive Item No. 2. Commissioner R. Blake moved to receive Item G.2. Commissioner Ono seconded the motion. Motion carried 8:0 G.6. 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 � o 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 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 14 SUBJECT DISCUSSION ACTION process, and how it relates to the Commission's process and the acquisition of properties. Chair Gegen explained that they are taking the opportunity to review what they hope to happen in the acquisition process. He added that at the previous Commission meeting, they received a proposed process flow diagram to review and provide feedback on. Chair Gegen noted that Planning Director Dahilig had some concerns regarding the proposed process. However, he wanted to ensure that the Commission agreed on a general process before they invited Mr. Dahilig to a Commission meeting. With no comments or suggestions, Chair Gegen asked if he could take that as they agree with the proposed process flow diagram. He noted that there were head nods amongst the Commissioners. Chair Gegen suggested that they request for Mr. Dahilig to meet with the Commission regarding the process, at which time he can explain if the Department is able to support it, if there are any concerns, any revisions that need to be made, etc. Commissioner R. Blake asked if Mr. Dahilig could do that by written correspondence rather than appearing before the Commission to which Chair Gegen replied that he potentially could. Chair Gegen suggested that if Mr. Dahilig agrees with the proposed process, he could provide his approval in writing. If not, he would recommend that they ask Mr. Dahilig to meet with the Commission. Commissioner Kimura stated that she would like to stick with her last comment on the issue, which was that Mr. Dahilig stated to the Council Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 15 SUBJECT DISCUSSION ACTION that he would meet with the Commission to discuss the matter. She stated that she thinks it's wonderful to come up with a plan, but she still feels that he has a responsibility to attend a Commission meeting. Commissioner Kimura asked if Mr. Dahilig has seen the proposed process to which Chair Gegen replied yes. Chair Gegen explained that he went over the proposed process in a meeting he had with Mr. Dahilig, Councilmember Chock, and Ms. Sadora. He noted that Mr. Dahilig had concerns regarding the 60 -day timeframe. In Chair Gegen's recollection, Mr. Dahilig's concern was that if there is a condemnation situation, they would need more time to get everything in order. Chair Gegen stated that his personal argument was that the Commission's responsibility is to provide recommendations to the Mayor and Council. If the recommendations don't reach the Mayor and Council, the Commission has not fulfilled their task. Chair Gegen noted that they each had different thoughts on that, so he would like to continue the discussion. Commissioner Kimura stated that she's curious to hear what angle Mr. Dahilig has. She added that maybe they are speaking the same language, but they just don't realize it. Ms. Sadora noted that at the close of that meeting, Mr. Dahilig requested for the process to be presented to the Commission and for the Commission to develop a plan, then they could collaborate the two (2) plans to see where they can agree on what the process should be. Ms. Sadora stated that since the Commission is in support of the proposed process, she thinks that Mr. Dahilig can meet with the Commission and present the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 16 SUBJECT DISCUSSION ACTION Department's side. Chair Gegen noted that Councilmember Chock is looking for closure on this as well. Ms. Sadora stated that communication would go back to Councilmember Chock, as well as the Planning Committee. To take Commissioner R. Blake's recommendation into consideration, Chair Gegen stated that he would be okay with receiving approval in writing if Mr. Dahilig agrees with their proposed process 100 %. If he has any concerns, Chair Gegen would definitely want Mr. Dahilig to explain his concerns to the Commission. However, Chair Gegen noted that Commissioner Kimura brought up a good point in that Mr. Dahilig stated to Council that he would meet and talk with the Commission. Chair Gegen asked the Commission if it was okay to meet with Mr. Dahilig regardless of whether or not he agrees or disagrees with the proposed process. Commissioner R. Blake reiterated that he felt if Mr. Dahilig does not agree with the 60 -day timeframe, then he should meet with the Commission. However, if he agrees, Commissioner R. Blake felt that Mr. Dahilig does not need to meet with the Commission. Commissioner Hayashi asked if Mr. Dahilig explained why he felt the 60- day timefraine was too short to which Chair Gegen replied that instead of paraphrasing what he remembers, he would rather have Mr. Dahilig explain his point -of -view. With that, Chair Gegen stated that it would be best for Mr. Dahilig to meet Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 17 SUBJECT DISCUSSION ACTION with the Commission. Chair Gegen called for a motion to accept the proposed process flow diagram and to request the presence of the Planning Director at the next meeting. Commissioner Ono moved to accept the proposed process flow diagram and to request the presence of the Planning Director at the next meeting. Commissioner Dela Cruz seconded the motion. Motion carried 8:0 G.7. Discussion on 2015 public input process for developing the biennial list of priority projects to be reported to the Kauai County Council and the Maw Ms. Sadora noted that the Commission received a copy of the first, and only, online survey that was submitted on Tuesday. Ms. Sadora stated that the Commission should have received a copy of the Public Service Announcement, PSA, which was made earlier in the month. She announced that there is a scheduled meeting on Monday, September 14`h with the Kekaha Community Association at the Kekaha Neighborhood Center. Commissioner Jasper and Commissioner Dela Cruz will be representing the Commission at that meeting. The next scheduled meeting is on Tuesday, September 22nd with the Hanapepe- `Ele`ele Community Association at the Hanapepe Library. Commissioner T. Blake and Commissioner Dela Cruz will be representing the Commission at that meeting. On Saturday, September 26d', there is a scheduled meeting with the Wailua- Kapa`a Neighborhood Association at the Kapa`a Library. Ms. Sadora noted that she currently does not have any Commissioners signed up to attend that meeting. She added that Commissioner Figaroa was Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 SUBJECT DISCUSSION ACTION arranged to attend that meeting, but he may not be able to now. The last scheduled meeting is set for Tuesday, October 6th with the Kilauea Neighborhood Association at the Kilauea Neighborhood Center. Commissioner Kimura will be representing the Commission at that meeting. Ms. Sadora stated that Commissioner Figaroa is attempting to organize something with the Hanalei -Hd ena community. Commissioner Figaroa should be transmitting information to Ms. Sadora, but she hasn't received anything yet. , In regards to the Waimea community, Ms. Sadora sent the PSA to the Business Association, as well as a PDF copy of the survey. She stated that the Business Association is sending it to everyone on their mailing list. Ms. Sadora stated that Commissioner Ono did the same thing too, as far as circulating the information to a mailing list. Ms. Sadora reiterated that the hard copies are located in all of the libraries on Kauai. She requested for it to be visible, so the libraries hung it where the public could grab it and go. Ms. Sadora stated that she will continue to monitor the submittals and provide the Commission updates until they make their selections. Chair Gegen asked if there were any Commissioners who would like to attend the Wailua- Kapa`a Neighborhood Association meeting to which Commissioner R. Blake replied that he should be able to attend that meeting. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 19 SUBJECT DISCUSSION ACTION Ms. Sadora explained that their idea of attending the community meetings it to be able to present in the first ten (10) minutes of the meeting; preferably before they get into the meat of the meeting. The Commissioners and /or Staff will provide an introduction and request for participation, or request for assistance in circulating it to their community. Commissioner Hayashi asked if the community associations need to prepare anything to which Ms. Sadora replied no. Ms. Sadora stated that they are just asking for time from the community associations. She added that they will have a poster board displayed to call attention to the Commission, provide the purpose and background of the Commission, and to solicit public input. Ms. Sadora stated that they really want to encourage the public to complete the online survey. She stated that their intent is to leave the hard copy surveys with the associations as a way to solicit public input. Ms. Sadora explained that the hard copy surveys are for those who do not have access to the internet, However, if the associations would like to complete the hard copy surveys at the time of the meeting, then they can stay to collect them. And if it means that Ms. Sadora has to return to the associations at a later date to retrieve the completed surveys, she will. Commissioner Kimura asked if there was an update with the Hanalei to Ha`ena community to which Ms. Sadora replied that Commissioner Figaroa is trying to organize an arena that would be best suited for the Commission to present to the community in that area. Commissioner Kimura asked if they need to be on the agenda to which Ms. Sadora replied no. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 1 SUBJECT DISCUSSION ACTION Commissioner Kimura stated that she will be attending the next Hanalei - Ha`ena community meeting, which is on September 22nd, and would be happy to take material with her. Commissioner Hayashi left the meeting at 2:00 p.m. Chair Gegen suggested for Commissioner Kimura to make an announcement if the association doesn't have time for a presentation. Commissioner Kimura stated that she can contact the President to see if they can get on the agenda. If it's too late, she can still provide the material and ask the association to make an announcement. Commissioner Hayashi returned to the meeting at 2:01 p.m. Chair Gegen stated that it would be wonderful and thanked Commissioner Kimura. Ms. Sadora mentioned that she will be present at all of the community association meetings. Commissioner Kimura stated that Ms. Sadora has another meeting scheduled on September 22nd, so she offered to take the materials to the Hanalei- Hd'ena meeting. Chair Gegen asked if another Commissioner would like to join Commissioner R. Blake at the Wailua- Kapa`a Association meeting to which Commissioner Ono replied she will. Chair Gegen thanked Commissioner Ono, and asked if another Commissioner would like to join Commissioner Kimura at the Kilauea Association meeting. He stated that he would, but he will be out of town. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 21 SUBJECT DISCUSSION ACTION Ms. Sadora reassured Commissioner Kimura that she will be there. Chair Gegen stated that they expect to receive input from the community association meetings, hopefully, by the next Commission meeting. At that time, they will be able to begin looking at the suggestions, and deciding if they want to add it to their priority list or start investigating for more information. With no further comments or questions, Chair Gegen called for a motion to receive the item. Commissioner T. Blake moved to receive Item G.7. Commissioner Dela Cruz seconded the motion. Motion carried 8:0 New Business There was no new business. Next Meeting Chair Gegen stated that the next Commission meeting is currently Date and scheduled for October 8`"; however, he will be out of town. Agenda Topics for Discussion Commissioner Dela Cruz announced that she will be out of town as well. With two (2) Commissioners out of town, Chair Gegen asked the Commission if they could reschedule the October meeting to October 22nd the fourth Thursday. He stated that he is hopeful that they will obtain more feedback, so they can have further discussions. Chair Gegen mentioned that they need to get ready for their biennial report, too. Hearing no objection, Chair Gegen announced the next meeting date is on Thursday, October 22, 2015, at 1:00 p.m. at the Mo`ikeha Building — Meeting Room 2A/2B. He requested for Ms. Sadora to send out a reminder to the Commissioners. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 22 SUBJECT DISCUSSION ACTION In regards to the next agenda topics, Chair Gegen asked the Commission if they need an update on the Hoban property if there hasn't been any action or only if there is new information. Commissioner T. Blake asked if they will wait and see if Council will approve to which Chair Gegen replied that he's not sure if it's currently in Council's hands or if it's in the Attorney's hands. Attorney Higuchi - Sayegusa mentioned a money bill will be brought to Council for approval of funds for the updated appraisal. Chair Gegen stated that they will place the Hoban property on the next agenda if there is an update; otherwise, it will be left off. He stated that he would like to have discussions with HILT regarding the archaeological parcel in Poipu, as well as get more information on conservation easement. Chair Gegen stated that they should receive more infonnation regarding Waipa, so it will most likely be on the next agenda. They will also include the public's input for the biennial list. Chair Gegen stated that the presentation to Council will be removed from the next agenda, but he hopes to have discussion with Mr. Dahilig at the next meeting. He mentioned that Salt Pond will be added to the agenda. Ms. Sadora mentioned that they also have the General Plan Update from Marie. Chair Gegen asked Administrator Furfaro if there was anything he would like to add to which Administrator Furfaro replied yes. He started off by thanking Chair Gegen for meeting with him two (2) weeks ago. Administrator Furfaro wanted to share some suggestions and Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 23 SUBJECT DISCUSSION ACTION recommendations for the Commission going forward. He thanked the Commission for the many items that they "received" to clear up the agenda. He added that they can always go back and post a new item to get it back on the agenda, as the Commission is doing. When they have a motion to refer, Administrator Furfaro suggested to include the purpose for referring; if it's regarding an appraisal, a shoreline setback, etc. He added that when they have a motion to defer, it should be date specific. Administrator Furfaro stated that when the Commission is dealing with the approval of committing to money or committing to policy, he would strongly recommend for the Chair to divide the question; meaning a roll call vote, rather than saying it passed unanimously. He further added that when there is a motion and a second, the Chair should open it up for further discussion before taking the vote. Chair Gegen thanked Administrator Furfaro for his suggestions and recommendations, and asked if the Commissioners had any additional discussion or if they wanted to add any potential topics for the next agenda. Commissioner T. Blake mentioned that the State Na Ala Hele Commission/Council had a question about a project at Lepehuli where a fence is going to be installed by an open parking area. He stated that he verified with the Chief Engineer today and was told that a recertification of the shoreline is needed if it comes up. Commissioner T. Blake added that it's a hot topic with people from the east or north shore who attend the Na Ala Hele meetings. He just wanted to mention it for the Commission's information. Commissioner Kimura asked where it was to which Commissioner T. Blake replied at Lepehuli. Commissioner T. Blake stated that there are Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session September 10, 2015 Page 24 SUBJECT DISCUSSION ACTION talks about an old public easement and a new public easement. He added that the County is approving a fence line that will cost $70,000. Attorney Higuchi- Sayegusa asked if it was something he wanted to put on the agenda for another meeting to which Commissioner T. Blake replied no. Commissioner T. Blake stated that he brought it up because they have a Commissioner from Kilauea and he just found out about it. Although she understood that it was something Commissioner T. Blake wanted to bring up, Attorney Higuchi - Sayegusa advised the Commission to stick to the items on the agenda. She added that moving forward, it should be an agenda item so they can be prepared to have discussions. Chair Gegen informed Commissioner Kimura to let him know if she wanted to place it on the next agenda. Adjournment Chair Gegen adjourned the meeting at 2:14 p.m. Submitted by: V"" rcie Agaran, Staff Support Clerk () Approved as circulated O Approved as amended. See minutes of meeting. Reviewed and Approved by: Patrick Gegen, Chair