HomeMy WebLinkAbout2017-3-9OpenSpaceMinutesApprovedCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Committee:
Public Access, Open Space and Natural
Meeting Date
March 9, 2017
Resources Preservation Fund Commission
Location
Mo`ikeha Building — Meeting Room 2A/2B
Start of Meeting: 1:54 p.m.
End of Meeting: 2:40 p.m.
Present
Chair Theodore Blake Members: Randall Blake, Joseph Figaroa, Dorothea Hayashi and Jett Jasper
Staff: Deputy County Attorney Adam Roversi; Planning Department Staff. Duke Nakamatsu, Nani Sadora; Boards & Commissions
Office: Administrator Jay Furfaro and Commission Support Clerk Sandra Muragin
Excused
Vice Chair Karen Ono, Shaylyn Kimura, Patrick Gegen (retired)
Absent
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Call To Order
Chair Blake called the meeting to order at
1:54 p.m.
Roll Call
The meeting commenced with a roll call of the Commissioners and Planning
Five (5) Commissioners were present,
Department Staff.
which constituted a quorum.
Approval of
Chair Blake announced that Commissioner Randall Blake would have to leave
Agenda
the meeting at 2:30 p.m. which will stop the meeting due to a lack of quorum. He
requested to move the order of the agenda and take Unfinished Business Item
H.3.a. Review and Discussion on the 0.3709 parcel in Hanalei, Wainiha, and then
take Item H.2. Review and Discussion of an ocean front parcel located
approximately 480 feet west of Kekaha Road and Kaumuali`i Highway
Commissioner Randall Blake moved to
intersection, further identified as Tax Map Key (TMK) (4) 1-2-013:041.
approve the changes to the agenda as
requested. Commissioner Jasper seconded
Chair Blake asked for a motion to approve the changes to the agenda.
the motion. Motion carried 5:0
Hearings and
F.1. All remaining public testimony pursuant to HRS 92 (Sunshine Law)
Public
Chair Blake asked the public audience if anyone has a testimony (reference
Comment
agenda item H.3.a. Review and discussion of a 0.3709 acre parcel located in
Hanalei, Wainiha Ahupua`a, Halelea Moku, futher identified as Tax Map Key
(TMK) (4) 5-8-012:002).
The Commission received public testimony from Mr. Kelii Alapai from Ha`ena,
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Kauai. Mr. Kelii stated he fully supports the Commissions review of the Hanalei,
Wainiha property. He described from the highway you can see the ocean because
there's no condominiums or homes. He noted that Kauai is running out of
pristine places like this and he hopes the Commission would visualize it and pass
this acquisition.
Chair Blake asked the Commissioners if they had any more questions. Hearing no
response from the Commissioners, Chair Blake thanked Mr. Alapai for this
testimony.
The Commission received pubic testimony from Ms. Caren Diamond.
Ms. Diamond stated that she hopes the Commission would approve acquiring this
piece of property. She described when you go around the corner in Wainiha and
you get to Kepuhi point and see you the ocean, it's one of the most beautiful
places on Kauai and has one of the most incredible ocean front properties. She
added that the Wainiha and Hd'ena ocean front parcels are being purchased for
development because the land owner was willing to sell and has even dropped the
price over the last couple of years. She urged the Commission to move quickly
and approve it because it would make a great county acquisition.
Chair Blake asked the Commissioners if they had any more questions. Hearing no
response from the Commissioners, Chair Blake thanked Ms. Diamond for her
testimony.
The Commission received public testimony from Mr. Presley Wane.
Mr. Wann stated he has kuleana land in Hd'ena and his family is from Hd'ena and
recommends acquiring the property. He stated that many families from Wainiha
and Hd'ena uses the property and it's one of the few places left to enjoy fishing.
He stated it's important to keep it open and recommends that the Commission
acquire that piece of property as well as the whole strip in case anything else
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comes up.
Chair Blake asked the Commissioners if they have any questions. Hearing none,
Chair Blake thanked Mr. Wann for his testimony.
The Commission received public testimony from Ms. Beau Blair.
Ms. Blair stated he is an advocate for the acquisition of this property and comes
from Hd'ena Wainiha area and has been there for many, many years. She stated
she has seen the whole area develop especially along the shoreline and felt that
acquiring the property is a golden opportunity for a beautiful lot. She shared that
it is a shell collecting place and a sun rise place and it's an amazing golden
opportunity to act on something on the behalf of the community. This will be in
perpetuity, a great acquisition.
She expressed the price is inexpensive compared to island vacant lot prices and
mentioned that a vacant lot close by sold for $2.6 million. She closed by saying
that there are two homes to the side of the property and maybe it would eventually
open it up where it can be a beautiful park for the community especially because
it's one of the most incredible areas of Hd'ena, Wainiha. Ms. Blair thanked the
Commissioners for their consideration.
Chair Blake asked the Commission if they had more questions. Hearing no
response, Chair Blake thanked Ms. Blair for her testimony.
The Commission received public testimony from Ms. Malika Des, Program
Coordinator for Hui Maka`ainana o Makana a non-profit out in Hd'ena.
Ms. Des stated that she supports the County's effort towards purchasing the
property as an open space. She shared that she works with the Hd'ena, Wainiha
community members and runs a program, and many of her keiki and families live
in the area and they work a lot on the shoreline. She stated that how important it
is for the keiki and families to have this space because it's like a living classroom
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for the keiki's. Ms. Des reiterated that she fully supports the acquisition of the
property and wants to see it happen. She addressed the Commissioners with a
mahalo for taking their mand'o and thinking of the community and keiki.
Chair Blake asked the Commission if they had any more questions. Hearing no
response, Chair Blake thanked Ms. Des for her testimony.
Unfinished
H.3. Review and discussion of a 0.3709 acre parcel located in Hanalei, Wainiha
Ahupuaa, Halelea Moku, further identified as Tax Map Key (TMK) (4) 5-8-
Business
012:002 [Preliminary report accepted 1 / 12/ 17.1
a. Supplemental No. 1 Preliminga report pertaining to this matter.
Chair Blake asked for a motion from one of the Commissioners to defer the item
to the next meeting for further discussion.
Commissioner Figaroa asked Chair Blake he was requesting for a motion.
Chair Blake said yes.
Commissioner Figaroa motioned to move to defer he discussion to the next
meeting and receive testimonies for today.
Chair Blake asked Ms. Sadora if they needed to take action on the item.
Ms. Sadora advised the Commissioners that they can receive the supplemental
report, then defer the item and only receive public testimony.
Chair Blake asked for a motion to receive the supplemental report.
Commissioner Hayashi made a motion to
Deputy County Attorney Roversi clarified that if the Commission wants to
receive the supplemental report and defer
receive the supplemental report and defer to the next meeting for more discussion
the item to the next meeting for further
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because of the time constraints, the motion should state receive the supplemental
discussion. Commissioner Figaroa
report and defer the items to the next meeting for further discussion.
seconded the motion. Motion carried 5:0
Hearings and
F.1. All remaining public testimony pursuant to HRS 92 (Sunshine Law)
Public
Chair Blake take item H.1. Review and discussion of ocean front parcel located
Comment
approximately 480 feet west of the Kekaha Road and Kaumuali`i Highway
intersection, further identified as Tax Map Key (TMK) (4) 1-2-013:041.
Commissioner Randall Blake expressed his appreciation to the members of the
public who took the time to come to the meeting to give testimony.
Chair Blake shared the same sentiments as Commissioner Blake. He expressed
that having the community come out and support the agenda or discuss the
agenda is a big thing. Seldom does the Commission gets to have that and it's nice
to see the community show up in support.
Ms. Sadora noted for the record that agenda item H. Lb. had been already received
previously by the Commissioners and the reason it's on the agenda is because
community communications were brought before the commission.
Ms. Phoebe Liu-Eng is here to present on the behalf of the Kekaha Community
Garden Association and will show a presentation.
Ms. Sadora assisted in prepping the projector and computer.
Commissioner Figaroa asked the Chairman if they received the testimonies for all
of the properties.
Chair Blake answered only the first one.
The Commission received public testimony from Ms. Liu-Eng, President of the
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Kekaha Community Garden (KCG). Ms. Liu-Eng shared that at a public planning
meeting that was held at the Waimea Theatre last month, Ms. Sadora made a
presentation about the possible acquisition of land in Kekaha that includes a
parcel of less than an acre and is the site of the Park Fook Tong Chinese
Cemetery. It is presently in private ownership although it's not clear (yet) how a
piece of land that has been recorded as county land and is noted in several records
is now in private hands. She shared that should the Commission decide to
acquire the piece as well as the adjacent piece, which is presently up for sale by
the land owner (private), the KCG in cooperation with the ancestral Chinese
families living in the area (the Lee's, Leong's, Ching's, many that history books
describe) are willing to take on the kuleana of stewardship agreement on for the
land.
Referring to the power point presentation, Ms. Liu-Eng continued that the
cemetery is less than an acre and the ownership is under Park Hook Tong Chinese
Cemetery. The land is close to the beach and was given to the Chinese workers
during plantation times by the Knudsen family and it's gone through a couple of
different conveyances since then. She said in the front, the black tomb stone, is a
Japanese cemetery which is on county land and gets the benefits of county water
and maintenance. The Chinese part which is all the grave markers (cement
structures) is not tended too but because of the rain it turned out to be the best
showing ever because it's actually a dust bowl. It is just like Hawaiian cemeteries
on the water.
KCG is a demonstration garden and is used for educational program in Kekaha.
KCG has a half acre of land that is used as a demonstration class for farmers out
on the west side. They teach best practices on bio dynamics and permaculture
gardening. It's pretty much the only place that people really see out door space.
KCG installs garden spaces for people interested in doing it at home which is why
this project with the cemetery would be fitting because they have experience with
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that. KCG is committee focused, goal driven and volunteer based vs funding
determined. She stated they are not an organization where we can't do anything
without having funds, we do it and that's why the garden functions with very little
funding and lots of in -kind kokua. They have a broad range of work. KCG works
with children, adult, seniors and they have a lot of community relationships. They
are very effective in accomplishing the goals with in -kind kokua and can get
everything needed to make this cemetery beautiful. Just as a reminder about why
this parcel is important, number one there is nothing like this in Kekaha in terms
of open space interest. Ms. Liu-Eng said that if the Open Space Commission
wants to make its presence known it would be very interesting to have a west side
presence and this could be something that works. In terms of its history there is
nothing on the west side that's documented evidence of the Chinese presence and
the very important role of Chinese on the west side.
Ms. Liu Eng gave a brief history of the Chinese on Kauai. She stated the first
arrivals were in the late 1700's and they were the second ethnic group after the
Europeans to come here without taking into account the first people here the,
native Hawaiians. Chinese contract laborers were very numerous in the 1800's,
but they often returned home and left the plantation to pursue other work and
many as you know went to Honolulu. There is a lot of history here that can be
shared if this stewardship is something that you're interested in. The Chinese
exclusion act did not permit Chinese women to immigrate here, the community
was only seen as contract laborers. So they inter married with Hawaiians and
other groups. Whatever vestige there is of the Chinese culture, it lives through the
descendants of those inter marriages.
Ms. Liu-Eng referenced a grave stone picture on the power point presentation and
stated this is one example of a grave stone, very basic, meant for plantation
workers. This is one of the better preserved ones, and that is my family name Wu
or Ing, which is the Taishan pronunciation of the surname Wu. It's a grave that
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houses cemetery workers that were primarily from the Taishan area. This surname
is from a particular area in the Guandong Province. That makes it very easy from
a genealogical stand point to trace these back through various ship logs and
historical records. This could be a very rich site for public education and it shows
Kauai as a very ethnically diverse place where many different ethnicities had an
impact on the life and culture there.
The reason why this cemetery is important for the plantation laborers is because
the goal was to return home after making money from a 3 year contract. Most of
them were too poor to return so they remained. She shared that the returning a
body back home was very important. They want to honor their Chinese ancestral
values by making sure the ones who remained here are honored.
Referring to the power point presentation, Ms. Liu-Eng followed the outline of
the overall stewardship goals. The purpose would be to beautify, maintain and
oversee the Park Fook Tong Chinese Cemetery. They would also preserve the
adjacent lot as open space. She said the Commission might want to explore
whether or not it is in fact county land. KCG would create programs with
minimum disturbance to the land and environment. That adjacent lot would be
kept undisturbed. There is some conversation about there being past
encroachment of the adjacent lot into the cemetery. The adjacent lot might have
some iwi on it that would have to be explored. But overall it's the honoring and
sharing of the contributions and history of the Chinese laborers and the local
Chinese families of west Kauai.
The KCG is lucky to have assistance from the Hee family. Mr. Steven Hee has
pledged partnership and at least oral history to help enrich that sight. He's always
been interested but isn't here to do the work required. Culture appropriateness is
really important for Chinese cemetery because they would have the families
helping to restore and beautify it. They would make sure it's done in a way to
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honor the Chinese culture. Preserving, conserving and bringing natural resource
skills through various state agencies that can help us with soil erosion and run off
issues. They would also use plants that are specific to Chinese culture and speak
of the types of planting done in Chinese cemeteries in China.
Ms. Liu-Eng shared a short quote that was pulled out of the records from a
colleague, Ronald Takaki. Mr. Takaki is a historian that wrote one of the books
about Chinese immigration, "Strangers from a Different Shore". The quote he
took from a Chinese migrant laborer for whom the spirit of this stewardship
agreement is honoring. Ms. Liu-Eng shared it's a family member who wrote to a
departing husband. She read verbatim the quote from the power point
presentation. "I beg of you after you depart to come back home soon. Our
separation will be only a flash of time. I only wish that you would have good
fortune for three years you would be home again. In two or three years my wish
is to welcome you home ". In closing, Ms. Liu-Eng shared that the best thing the
people of Kauai can do is to honor the work of the laborers to make sure there is
some sense of home for them and KCG is willing to do that. She thanked the
Commission.
Chair Blake stated that the Commission can only do the acquisition, the
stewardship is handled by another department.
Ms. Liu-Eng said ok, and understands that this is just to consider an acquisition of
the property.
Chair Blake stated this is the first step.
Ms. Liu-Eng thanked Chair Blake for the clarification.
Ms. Sadora addressed Chair Blake that Chris Faye is ready to give a testimony.
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The Commission received public testimony from Ms. Chris Faye, from Kekaha.
She stated her family is both the Knudsen and Faye. They are the Owners of that
property right now, and it never belonged to the county. The Japanese cemetery
belongs to the county. The property was never given to the Chinese they basically
allowed them to be buried there. She noted that she just wanted to clarify the
statements that were heard previously.
Unfinished
H.1. Review and discussion of ocean front parcel located approximately 480 feet
west of the Kekaha Road and Kaumuali`i Highway intersection, further identified
Business
as Tax Map Key (TMK) (4) 1-2-013 :041.
a. Communication received March 1, 2017 from Phoebe Liu-Eng on
stewardship services that Kekaha Community Garden is willing to provide
to the County of Kauai for the restoration, preservation and maintenance
of the Park Fook Tong Chinese Cemetery in Kekaha.
b. Preliminary report pertaining to this matter originally transmitted to the
Public Access. Open Space and Natural Resources Preservation Fund
Commission on I I/10/16.
Ms. Sadora shared what the Planning Department has done so far to addressing
the Commission. Ms. Sadora said when they initially received the preliminary
report, it was the desire of the Commission for the department to move ahead and
go out to the community and see what type of response they would get, and as a
result, both she and Deputy County Director Ka'aina Hull attended two Kekaha
meetings hosted by E Ola Mau Na Leo O Kekaha. In addition, they plan to meet
with Waimea organizations but it needs to be coordinated. The Kekaha meetings
had an attendance of 200 plus people and on both occasions Deputy County
Director Ka'aina Hull shared information about the property and asked for a show
of hands. About half of the room (approximately 100 people) responded
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positively. When asked if anyone didn't want it to happen only a few hands rose
and majority of those in attendance supported the meetings. The Planning
Department had the idea to have the Stewardship agreement presented to the
Commission, and if the Commission wants to acquire the land, there would be
something in writing on how the property should be managed and maintained.
Some of the struggles experienced from other properties had to do with the lack
of maintenance which fell on Parks and Recreation Department, and so if the
Commission wants to acquire the land the Planning Department would help to put
something together if it needs to be in conjunction with another county division.
But for now, that's idea of how things are going to happen when additional
interest of recommendations are received.
Chair Blake expressed that he liked the idea of a stewardship agreement
especially from the community. It shows they care about the place and will take
care of it. That's admirable. Same with the Wainiha, Hd'ena, and Maka`ainana o
Makana. I applaud that and because of time constraints I would like to move to
the next agenda. We have Commissioner Blake leaving for a dentist appointment,
so can I get a motion to move this to the next agenda please.
Commissioner Hayashi asked Chair Blake if she could ask a question. I know Ms.
Sadora always works very hard. Could we also be called to attend these meetings
as Commissioners?
Commissioner Figaroa said these are publics meetings.
Commissioner Hayashi asked if he was invited to the meetings.
Commissioner Figaroa said no he wasn't invited.
Commissioner Hayashi asked you were told about it?
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Commissioner Figaroa said no he wasn't told about it, it's a public meeting.
Commissioner Hayashi acknowledged ok
Ms. Sador clarified to the Commission that this was done on their behalf.
This was at the request of this body that wanted us to go out to the west side
communities and see if there was support for that. We now have established a
relationship with a couple of these organizations. We were not ready to bring
back another report because we're still seeking out meetings with different
organizations to see if this acquisition could benefit the west side.
Commissioner Figaroa stated for clarity if she was alluding to the fact if there is a
meeting that it would be courteous to let us know about it?
Commissioner Hayashi agreed with Commissioner Figaroa.
Commissioner Figaroa stated maybe we could set up a shout out to the
commissioners?
Ms. Sadora replied that they could attend on their own because they would not be
Commissioner Figaroa motioned to defer
able to act on the capacity of the Commission ... ok.
the agenda item to the following open
space Commission meeting. Commissioner
Chair Blake requested a motion on the floor.
Jasper seconded. Motion passed 5:0
Hearings and
F.1. All remaining public testimony pursuant to HRS 92 (Sunshine Law)
Chair Blake stated we have a time constraint with Commissioner Blake leaving.
Public
Comment
Ms. Sadora stated in 4 minutes.
Chair Blake responded we have 4 minutes and 13 seconds. We need to squeeze
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out 5 minutes so you (public presenters) can make a presentation.
Commissioner Blake asked the presenters how much time they would need.
The presenters requested 5 minutes.
Commissioner Blake stated ok that's fine.
Presenters inaudible
Commissioner Figaroa requested to make a suggestion. He suggested the
Commission take the testimony and then Hope could still introduce what she
wants to and add to the next agenda.
Chair Blake stated we need to make the motion.
Ms. Sadora asked Chair Blake to read the agenda item.
Chair Blake stated we are on New Business I.1. Review and Discussion of a 1.39
acre parcel located in `Aliomanu, `Aliomanu Ahupuaa, Ko'olau Moku, further
identified as Tax Map Key (TMK) (4) 4-9-004:013
Chair Blake addressed the presenters that they will now take testimony.
The Commission received public testimony from Agnes Keaolani Marti-Kini,
who is presently Po'o for the Moku Koolau through the `Aha Moku Advisory
Committee. She said the moku consist of 12 Ahupuaa and within our Ahupuaa
lies a sliver of land called `Aliomanu. In `Aliomanu Ahupuaa there's a 1.3 acre
parcel which sits at the end of the north `Aliomanu road, about a half block from
the original Esaki Produce warehouse and residence. Ms. Marti-Kini would like
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the Commission to consider acquiring this parcel for several reasons and so that
the land can be held in safe keeping. One would be the papa and fishing grounds
that lie just beyond the beach this is beach front property and it also encompasses
the `Aliomanu stream. This area of land has as easement and it also has a county
road at the end that is no longer in use. A property owner put up private property
sign on this easement and the community is in an uproar about that. She is
working with our Moku and with the Kalalea Anahola Farmers Hui, of which she
was a former President, the Kanuikapono Charter Hawaiian School and the
`Aliomanu Residential Association. There are two factions in `Aliomanu, the
local faction and the new residence that have moved in and become very
conscious of stewarding the land there. Laurel and Rob Brower both run Surf
rider Association a very popular association that takes care of our environment
especially along the seashore. They are in full support of this acquisition and so
are all their members. They will be writing a letter to either steward that parcel or
along with the community associations provide stewardship for that parcel. It
would be an educational resource which our keiki and mo`opuna would benefit
from in the future. She strongly recommends the Commission think about
acquiring this parcel. Mahalo
Ms. Sadora attempted to get the power point presentation onto the computer but
was not able to.
The Commission received public testimony from Hope Kallai.
The presenter did not address her name.
Ms. Kallai stated this is kuleana property it went through the Moloa'a Hui
Partition Action in 1932 and it is bordered by a historic trail on both sides. So it's
an opportunity for the county to preserve a huge slice of history that is really
timely now. The county could acquire 1.39 acres of ocean front and stream
frontage and it's really a slice of time the properties being sold as is but she called
it as was. It has a plantation hale that was built in 1924 that's withstood all the
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waves and wind and destruction. The encroachment of the resort makes it one of
the few homes left down on the ocean front that hasn't been changed. She stated
that the thing that really got her upset was the real estate ad describes the hale
sold as is or as was and says build your own dream. Tear down a 93 year old
house and build your own dream? Their community considers this a dream to be
able to preserve this dream.
She stated that she had a meeting the other day with Aunty Carol Lovell and was
showing her this presentation that we cannot open. Ms. Lovell told Ms. Kallai
that was her husbands' Grandmas house or tied to their line Isabella F. Manuel
Castro. Ms. Kallai stated that Ms. Castro is not a significant person in history she
is an important person as well as all the paniolo whose stories remain and deserve
to be told. The county can pick up a slice of time that's really fast fading here.
The hale is a simple single wall construction home but there's a garage with a
studio tied to it that could be used for marine education center and field trips. It
has a kitchen and bathrooms for the kids. Anahola doesn't have a place like this
that school groups can use. It was also the sight of the historic bridge that got
washed away and hasn't been replaced. It's a slice of time and it's the 11 th hour in
saving these types of property especially from Anahola north its going fast. Ms.
Kallai has not talked directly with the realtor about the parcel but has seen the
price go up and down. Right now an acre of ocean front is almost priceless. It's a
win -win situation to acquire this priceless acre of ocean front for a chance to tell
the story and a place for school children to learn from. This should not be in
competition with the North Shore or Chinese cemetery. It's just an acquisition for
consideration. She apologized for not being able to open the power point. She
stated she has her computer in her car and if Commissioner Blake wouldn't mind
she can get it to him.
Chair Blake said it can be scheduled for the next agenda
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Ms. Marti-Kini commented that it really excites her that the local people are
coming out to make their claims especially in Hanalei and now in `Aliomanu and
also on the west side. These issues are important ones and they are close to our
hearts and they involve our local people so she just wants to say Mahalo to
everybody.
Chair Blake asked the Commission if they had any questions. No response.
New Business
I.1. Review and discussion of a 1.39 acre parcel located in `Aliomanu, `Aliomanu
Ahupuaa, Ko'olau Moku, further identified as Tax Map Key (TMK) (4) 4-9-
004:013 [Communication flyer received from community to Commission Chair
Blake.
Ms. Sadora addressed the Commission about the advertisement that Chair Blake
and Commissioner Blake received from the community which shows the property
for sale offered at $2,999,995.00. The assessed value attached is at $1.2 million.
The rules call for the department to produce a preliminary report anytime there is
a recommendation brought to the Commission. The department has not done that
yet. The Chair wanted to first see the support from the Commission and
depending on what your action is today will be able to either do a report if that's
what you desire or if this is something that you table. The Commission needs to
decide. You need a motion to let the department know what you want to do.
Commissioner Figaroa motioned to
Commissioner Figaroa asked Ms. Sadora if this was for the property in
proceed with the preliminary report so we
`Aliomanu?
can get further details of the intricacies of
exactly what it entails to do the acquisition
Ms. Sadora said yes.
package. The motion was seconded by
Commissioner Jasper. Motion carried 5:0
Minutes of the
Regular Open Session Minutes of January 12, 2017
Commissioner Blake motioned to move the
Meeting of the
approval of the January 12, 2017 minutes
Open Space
Chair Blake stated because of time constraints he wants to move the approval of
to next month's meeting. Commissioner
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Commission
the last minutes to the next agenda.
Jasper seconded the motion. Motion carried
5:0
Adjournment
Chair Blake adjourned the meeting at 2:40
P.M.
LA
9�
Submitted by: Reviewed and Approved by:
Sandra M. Muragin, ommission Support Clerk
( X ) Approved as circulated. 4/13/17
( ) Approved with amendments. See minutes of meeting.
Theodore Blake, Chair