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HomeMy WebLinkAbout2017-11-9OpenSpaceMinutesApprovedCOUNTY OF KAUA`I Minutes of Meeting OPEN SESSION Board/Commission: Public Access, Open Space and Natural Meeting Date November 9, 2017 Resources Preservation Fund Commission Location Mo`ikeha Building — Meeting Room 2A/213 Start of Meeting: 1:02 p.m. End of Meeting: 3:28 p.m. Present Chair Theodore Blake; Vice -Chair Karen Ono Members: Dorothea Hayashi; Shaylyn Kimura and Herman Texeira Staff: County Attorney Mauna Kea Trask (left meeting at 1:44 p.m) Deputy County Attorney Jodi Higuchi-Sayegusa; Planning Department Staff. Duke Nakamatsu and Nani Sadora; Boards & Commissions Office Staff: Administrator Paula Morikami and Commission Support Clerk Sandra Muragin Excused Commissioner Jett Jasper; Planner Myles Hironaka; and Deputy Planning Director Ka`aina Hull Absent SUBJECT DISCUSSION ACTION Prior to the meeting being called to order, Administrative Assistant to the County Clerk Eddie Topenio administered the Oath of Office to the new Kapa`a/Wailua Mayoral appointee, Commissioner Herman Texeira serving a first term ending 12/31/19. Call To Order Chair Blake called the meeting to order at 1:02 p.m. Roll Call The meeting commenced with a roll call from the Commissioners. Five (5) Commissioners were present, which constituted a quorum. Approval of Chair Theodore Blake asked for a motion to approve the agenda. Agenda Deputy County Attorney Jodi Higuchi-Sayegusa suggested that the Commission amend the agenda by moving New Business item 6 after item 1. Mr. Texeira moved to approve the agenda as amended. Ms. Hayashi seconded the motion. Motion carried 5:0. New Business I.1. Update on recommendation to the Kauai County Council for condemnation resolution for a portion of TMK (4) 2-6-003:017 to obtain a pedestrian public beach access easement to (For Action) Kukui`ula Bay through the former Hoban property. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 9, 2017 Page 2 SUBJECT DISCUSSION ACTION County Attorney Mauna Kea Trask notified the Commission that the County Council authorized a resolution to proceed with condemnation of the easement, and that Special Council would handle the case in court once it was approved by the County Council. He said the County Attorney's office has a floating $150,000.00 money bill allocated from the General Fund; however, the entire amount is not earmarked for the Special Council account. Chair Blake was concerned about the possibility that funds could run out to which Mr. Trask advised that if they wanted clarification, it would have to be discussed in executive session. He proceeded to explain that they were able to get the land owner to agree to submit a copy of their appraisal but was unable to negotiate a settlement. The land owner was not interested in accepting any of the County's offers. Ms. Kimura asked about the appraisal date to which Mr. Trask said he thought it was a couple of years old, and that he would forward the correct information to them. He added that the County completed a 2nd appraisal of the easement, and cautioned the Commission to keep the information confidential due to the pending litigation. 1.6. Update on land for open space preservation to create a buffer at Salt Pond Beach Park. Mr. Trask explained that Salt Pond Beach Park is County property, the State owns the adjacent land, and the land mauka is under the Department of Land and Natural Resources (DLNR), Department of Agriculture. The salt pans and area that wraps around toward Port Allen is State Department of Transportation (DOT) Airports Division land. He said in 2012 the Planning Department forwarded an Executive Order (EO) request from DOT to the Governor for management of the mauka lands but it was denied, and the focus now was to work with the entities that leased land from DLNR. The Agribusiness Development Corporation leased this land from DLNR, and then leased it to Gay & Robinson Inc., who subleased it to the BASF Corporation. The BASF Corporation was bought out by Beck's Hybrid, another agriculture company, who are currently using the property. Mr. Trask said the only way for the County to manage the land would be by EO and the possibility of that was nil. He said another Executive Order for management of the salt pan land area was submitted by DLNR to DOT, but that was denied also. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 9, 2017 Page 3 SUBJECT DISCUSSION ACTION Mr. Trask stated that the Administration, County Council, and the State Historic Preservation Division (SHPD) all have an interest in preserving the salt pans. The County was in contact with the salt practitioner's President Malia Nobriga, and there was interest in a Stewardship Agreement with the County. He said the salt practitioners are not concerned with the mauka lands; they're concerned with the land makai, east of the airport, beach access corridors, specifically the driving on the beach, and boulders by the eastside of the salt pans. The County shared plans of the park's septic to sewer conversion, feral cats, access road conditions on the south side of the salt pans, and the Hydrological Study. To build trust and teamwork with the salt practitioners, the County proposed usage of the old Humane Society site as an appropriate way to move forward. Ms. Hayashi said concerns from the kupuna that she's talked to was always focused on the mauka lands because of the water flow that could possibly run into the salt pan water area. She said she was told that a Hydrological Study was done at one time by Dr. William Kenji "Pila" Kikuchi and someone from the Chicago, Illinois area under the University of Hawaii (UH), and that originally the salt pans extended to the airfield area. Ms. Kimura inquired if the salts were ever tested because that could uncover any leaching or contaminants. The results could be presented to the salt practitioners and perhaps influence them to agree to inquire about the mauka land's water flow. Ms. Higuchi-Sayegusa said the County was working on securing a Hydrological Study contract with the vendor, and a right -of -entry contract with the State of Hawaii. Ms. Sadora said the Director of Planning Michael Dahilig, UH Sea Grant Coastal Land Use Agent Ruby Pap, and herself were asked by the salt practitioners to attend their December meeting. She said they were given a copy of the Hydrological Study contract and supported the study; however, they requested an explanation of the contract from the Planning Department. She said the study will not disturb the salt pans: it will monitor the wells around the salt pans. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 9, 2017 Page 4 SUBJECT DISCUSSION ACTION Mr. Trask stated he did not advocate or make any reference to the processing of the salt pans, and read from the website of FDA.gov. He said "salt is a food additive and food packaging manufacturers must prove that U.S. FDA that all materials that come in contact with food are safe before they are permitted for use in such a manner." Ms. Kimura expressed concern about the possible approach of testing the salts due to the sensitive and spiritual nature associated with this cultural practice; however, she still felt the testing could help them if they emphasized that the County wanted to achieve and secure it for perpetuity. Mr. Trask admitted that testing was never brought to their attention, and he wouldn't bring it up unless they asked for it to be done. Chair Blake asked if the State could shut down the production of the salt plans if the Hydrological Study found that the water was tainted. Mr. Trask couldn't answer because of the significant culture attached to it. . Ms. Sadora shared that the Hydrological Study request was to find out what happened beneath the surface and the effects of the king tides. She said the salt practitioners were concerned with something happening underneath the surface that was affecting the production of salt. Ms. Hayashi remembered when she was in school they watched a documentary by the Morton Salt Company who filmed the salt pans and used underwater cameras to capture pictures ofthe salt crystals. She added that the kupuna shared with her that in the past, kiawe trees surrounded the salt pans and hid them; they were not visible and nobody went in unless they knew about it. She also shared that during her youth there was a wide opening from the ocean to the salt pans, and during the winter months the ocean flooded the area and the water would gradually recede over time. She said over forty years ago a kupuna predicted that in thirty years there would be a decrease in salt production due to the changing landscape. In closing Ms. Hayashi stated that the decrease in salt production was a natural occurring process. Minutes of the Regular Open Session Minutes: Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 9, 2017 Page 5 SUBJECT DISCUSSION ACTION Meeting of the Open Space 1. Meeting of June 8, 2017 Ms. Ono moved to approve the Commission June 8, 2017 minutes. Ms. Kimura seconded the motion. Motion carried 5:0 Receipt of Items There were no items to receive for the record. For The Record Hearings and F.1. All remaining public testimony pursuant to HRS (Sunshine Law) Public Comment There was no public testimony. Communication There were no Communications. Unfinished There was no Unfinished Business. Business (For Action) New Business I.2. Update on recommendation to the Kauai County Council for acquisition of an ocean front parcel located approximately 480 feet west of the Kekaha Road and Kaumuali`i (For Action) Highway intersection, further identified as Tax Mau Key (TMK) (4) 1-2-013:04. Ms. Sadora said the Department received confirmation that the vendor completed the County's procurement procedures, and estimated the appraisal would be completed in 30 days. She said this was being done at the request of the County Council. Ms. Kimura inquired about the stewardship agreement to which Ms. Sadora stated that the Kekaha Community Gardens is still the only group willing to maintain the property. I.3. Nomination of Commission -appointed, at -large, member of the Public Access, Open Space, & Natural Resources Preservation Fund Commission. Chair Blake stated there were 6 Commissioners and 3 vacancies; Waimea/Kekaha Mayoral appointee; Anahola/Hd'ena Council appointee, and at -large Commission appointee. He said the Commission had an interested party but was pending submission of completed paperwork. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 9, 2017 Page 6 SUBJECT DISCUSSION ACTION Administrator Paula Morikaini stated that the Mayor was looking for someone from the Waimea/Kekaha area because the previous candidate lived in Hanapdpd. Ms. Hayashi stated that he/she could take over her position when it ends in December 2018. I.4. Discussion and development of the biennial list of priority projects to be reported to Kauai County Council and the Mayor. Ms. Sadora stated the Commission's biennial report was due at the end of the year and usually a sub -committee was appointed to work with the Planning Department to complete the report. The report is then reviewed and edited by the Commission, and a final copy is forwarded to the County Council and the Mayor. The Commission recessed at 2:09 p.m. The Commission reconvened at 2:14 p.m. Ms. Sadora said the report included an executive summary, a list of accomplishments, challenges, concerns, goals, and priorities. She said due to quorum issues there were no field trips in 2016 or 2017, and they should plan for one at the beginning of next year. Ms. Kimura requested to add another heading, Section 4, for Kepuhi or other properties that were challenged due to process. Her goal was to make Council aware that they are working and committed to this Commission and its mission. Ms. Sadora concurred that modifications to the report can be made. The Commission then discussed past experiences with public meetings and decided the best way to gather information from the public was to tag onto a neighborhood board meeting or meet one-on-one. Ms. Kimura asked if she could form committees through her neighborhood board. She said as a member of the Kilauea Neighborhood Association Board her goal would be to provide a general overview of the Commission's work and encourage participation and support. The Commission supported her efforts and agreed there was no conflict of interest. The Commission discussed the possibility of forming sub -committees and permitted interaction groups but decided the fastest and most effective way to finish the report was to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 9, 2017 Page 7 SUBJECT DISCUSSION ACTION work individually. Ms. Sadora said she would email the 2015 report in a word document, and requested everyone email their completed report back to her by November 30th. Ms. Kimura asked if they could include items that were discussed at neighborhood board meetings but not with the Commission. Ms. Sadora advised to list those in the "Public Input Process" of the biennial report. Chair Blake suggested listing them with general information and to leave out exact locations. I.5. Review and discussion of a 1.5418 acre parcel located in Waikomo Ahupuaa, Kona Moku, further identified as Tax Map Key (4) 2-8-019:016. a. Preliminary report pertaining to this matter. Chair Blake stated if he recused himself they would not have quorum to which the Commission asked if the item could be deferred. Ms. Sadora asked for a recess. The Commission recessed at 2:59 p.m. The Commission reconvened at 3:06 p.m. Chair Blake corrected the parcel name as Weliweli Ahupuaa not Waikomo Ahupuaa. ,Ms. Sadora explained that the Commission's new Rules of Practice and Procedure state that the Department is required to prepare a preliminary report. Ms. Sadora read the Preliminary Report for the record. (Document on file) Ms. Kimura moved to accept the recommendation by the Planning Department to deny the application for acquisition. Mr. Texeira seconded the motion. Motion carried 5:0. Announcements There were no Announcements. Next Meeting Next scheduled meeting date is December 14, 2017. Date and Agenda Topics Chair Blake asked for clarification on the percentage amount that the Open Space Fund Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 9, 2017 Page 8 SUBJECT DISCUSSION ACTION for Discussion receives. Ms. Sadora verified it at 0.5%, with no ceiling. Ms. Higuchi-Sayegusa explained that an Ordinance recently approved by the County Council changed it to 0.5% due to the County's Operating Budget. Mr. Blake requested this be added as an item on the next agenda. Ms. Sadora said the other agenda item would be to review the draft biennial report. Adjournment Mr. Texeira moved to adjourn the meeting. Ms. Ono seconded the motion. Motion carried 5:0 Chair Blake adjourned the meeting at 3:28 p.m. 4 &4�E Submitted by: Reviewed and Approved by: Sandra M. Muragin, Commission Support Clerk ( X ) Approved as circulated. 12/14/17 ( ) Approved with amendments. See minutes of meeting. Theodore Blake, Chair