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HomeMy WebLinkAbout2017-4-13OpenSpaceMinutesApprovedCOUNTY OF KAUA`I Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date April 13, 2017 Resources Preservation Fund Commission Location Mo`ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:12 p.m. End of Meeting: 3:19 p.m. Present Chair Theodore Blake, Vice Chair Karen Ono, Members: Randall Blake (left at 2:22 p.m.), Joseph Figaroa, Dorothea Hayashi, Shaylyn Kimura and Jett Jasper (arrived 1:45 p.m.) Staff. Deputy County Attorney Jodi Higuchi-Sayegusa; Planning Department Staff. Duke Nakamatsu, Ka`aina Hull and Nani Sadora; Boards & Commissions Office: Administrator Jay Furfaro and Commission Support Clerk Sandra Muragin Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair° Blake called the meeting to order at 1:12 p.m. Roll Call The meeting commenced with a roll call of the Commissioners and Planning Six (6) Commissioners were present, Department Staff. which constituted a quorum. Deputy Planning Director Ka`aina Hull stated that Mr. Jasper is excused. Approval of Chair Theodore Blake asked for a motion to approve the agenda. Agenda Ms. Hayashi said she requested to have an update on Salt Pond and noticed that it was not on this agenda. Mr. Hull apologized but assured Ms. Hayashi that it would be placed on the May agenda. Ms. Hayashi moved to approve the agenda. Ms. Ono seconded the motion. Motion carried 6:0 Minutes of the Regular Open Session Minutes: Meeting of the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 2 SUBJECT DISCUSSION ACTION Open Space 1. Meeting of January 12, 2017 Ms. Ono moved to approve the January 12, Commission 2. Meeting of March 9, 2017 2017 and March 9, 2017 minutes as circulated. Ms. Kimura seconded the motion. Mr. Figaroa said at the last meeting they voted on the `Aliomanu item and wanted to know how long the research would take. Deputy County Attorney Jodi Higuchi-Sayegusa asked Mr. Figaroa to finish up approval of the minutes first. Mr. Figaroa responded that it stated in the minutes it was supposed to be on this meeting's agenda. Mr. Hull stated that if the Commission votes to accept the recommendation for their review and analysis the Department has 60 days to transmit a report with the tentative analysis and tentative recommendation, and that the Commission can anticipate that report at the next meeting. Chair Blake called for the question. Motion carried 6:0 Receipt of Items There were no items to receive for the record. For The Record Hearings and E.1. All remaining public testimony pursuant to HRS 92 (Sunshine Law) Public Comment Mr. Hull asked if there was any member of the public that wanted to testify at this time on any of the agenda items. He said the public can testify individually when the agenda item comes up or should they need to leave, the opportunity is afforded to them in the beginning of the agenda to testify on any of the agenda items. (There was no public testimony at this time) Communication There were no Communications. Unfinished G.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 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 3 SUBJECT DISCUSSION ACTION as Tax May Key (TMK) (4) 1-2-013:041. f Preliminary report accepted 11 /10/ 16.1 a. Supplemental No. 1 Preliminary report pertaining to this matter. Ms. Sadora read Supplemental #1 to the Preliminary Report for the record. (Document on file) Mr. Hull stated that since the property is on the open market with a willing landowner, the Department has recommended final approval with a transmittal to Council. Ms. Kimura said the acquisition was somewhat urgent and asked what the time frame was. She expressed concern that it wasn't moving quickly enough. Chair Blake called a 5 minute recess at 1:29 p.m. Chair Blake called the meeting back to order at 1:31 p.m. Mr. Hull said should the Commission decide to approve the recommendation the Department would transmit the documents to Council within two weeks. He noted that the draft ordinance included in their packets needs to be two draft ordinances per the Finance Department. The Planning Department will finalize the package for Council which will include the Commission's recommendation for approval and the two draft ordinances for action on the appropriation of funds. Ms. Kimura asked when that would happen to which Mr. Hull clarified that if the Department receives approval of the draft ordinances from the County Attorney's Office and the Department of Finance today, it would be transmitted on Monday. Ms. Kimura asked, from the point of receipt, how long it would take to get on the Council's agenda to which Mr. Hull replied agenda placement is up to the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 4 SUBJECT DISCUSSION ACTION Council Chair and hopes it will be within 30 days of receiving it but it's not guaranteed. Ms. Kimura stated there is a willing landowner with a property that is on the open market and the clock is ticking every day. She added that the Commission will work hard to get this done and the Department will work hard for the transmittal and noted that Council needs to know that it's on the open market. Mr. Hull said the rules the Commission passed back in November can impose timeline rules on the Planning Department however it cannot impose those rules on the Council. Ms. Kimura said whether it's this property or others on the open market, she would like it to be conveyed to the Department and Council because they could lose it if it sits at Council. Mr. Hull assured her that if the Commission decides to take action it would definitely convey to Council that acquiring this property is in the County's best interest and that it will be heard in the most efficient and expedited manner as possible. Ms. Hayashi expressed concern about the stewardship and asked what would happen if the stewardship was unable to sustain itself in future years since it could potentially be a County -owned property. Chair Blake said the Stewardship Agreement will address that. Ms. Higuchi-Sayegusa added that the County would have some responsibility to maintain it in some capacity and would chart out responsibilities between the steward and the County. Mr. Hull said the Stewardship Agreement would include performance measures and if it is not met it may become a breach of contract in which it could end that Stewardship Agreement. The County may have to work with the entity to get them up to those performance measures or perhaps look for another entity to execute the Stewardship Agreement. The acquisition is one issue but after acquisition there are almost always issues with maintenance. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 5 SUBJECT DISCUSSION ACTION Chair Blake called for a recess at 1:36 p.m. Chair Blake called the meeting back to order at 1:37 p.m. Mr. Hull said the ordinance states very clearly that funds can only be used for acquisition purposes. Based on the discussion, he noted that the ordinance may need to be adjusted and the Department will look into submitting a potential proposal to adjust the ordinance so that it can cover both acquisition as well as maintenance. Mr. Figaroa said it's very exciting to hear that the Department is so eager to move on a property with a willing land owner and asked if the Department was willing to move on other properties with willing land owners as well and as fast if this is approved. He also asked if this was a multi -organization Stewardship Agreement. Chair Blake said the Stewardship Agreement will come and they are not clear on how it will be carried out at this time since the property has not been acquired yet. Once the property is acquired, they can get into the details of the Stewardship Agreement. Mr. Figaroa said he was not asking about the details of the Stewardship Agreement but who the potential stewards were. Mr. Hull said the department has two potential proposals. In doing the analysis of this particular project because the Department of Parks & Recreation stated they would be unable to maintain it, the Department delayed its recommendation of approval or denial. He said he and Ms. Sadora went out to the community to see if there was a possibility to participate in a Stewardship Agreement and found interest in two community organizations. The Planning Department provided two proposals for the Commission to review but does not have authority to sign off on this stewardship proposal because the County does not own the property. Mr. Figaroa stated that one question was answered but not the other to which Mr. Hull replied that the other willing land owner project will take research and Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 6 SUBJECT DISCUSSION ACTION vetting of all the issues. The other property is the one the Department completed the research on and has a willing land owner but the Department is not ready to move forward. The other property was submitted by members of the public and he is grateful the public submitted the property information because a willing land owner that meets the criteria for acquisition makes it's much easier to expedite the process. Ms. Kimura said the Commission could be getting more of these situations and asked if there was a selection process in place. She expressed interest in how the Department would decide who is awarded the Stewardship Agreement and would like systems be in place should the County Council approve the acquisition. Mr. Hull clarified that Stewardship Agreements go through the Administration, through the Mayor and they decide which Department will execute it. He referenced the Ke Kahua O Kaneolouma Stewardship Agreement which was executed through the Office of Economic Development. It included performance measures and outlined what the group can and cannot do. Chair Blake asked if the County would consider allotting $10,000.00 as start-up money to these stewards and deferred the question to Mr. Furfaro. Mr. Furfaro replied he would prefer not to comment and suggested they put this on the agenda. Mr. Hull agreed to include the item on the next agenda. Chair Blake asked if there were any other comments for the Commission and opened the meeting to take public testimony. Ms. Phoebe Liu-Eng. Ms. Liu-Eng testified that she is a Waimea resident and President of the Kekaha Community Garden (KCG). She stated that KCG is aware that the parcel includes two CPR units and Unit 1 is about 1.3 acres currently listed for sale at a reduced price of about $600,000.00. Additionally the seller is willing to convey title to the adjacent unit which contains the historically Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 7 SUBJECT DISCUSSION ACTION important Park Fook Tong Chinese Cemetery. She said protecting the historic significance of this Chinese cemetery is the key justification for the Commission purchase and that the cemetery is the most notable remaining evidence of early Chinese labor and historical presence in West Kauai. The Chinese cultural matters pertaining to the deceased must be addressed very carefully and with humble quiet respect. She referenced public testimony in two other land projects a few years ago and noted there is a possibility it may contain Hawaiian iwi and Chinese iwi. Ms. Lui-Eng requested the Planning Department approve the entire TMK parcel with conditions as a historic memorial and land preservation use only and that the land in Unit 1 remain undisturbed and no structures placed on it. This would be the only way to honor the Chinese cemetery and its surroundings would remain a site of quiet contemplation for those who choose to visit, pay their respects, and learn an important yet forgotten chapter of West Kauai history. It would also minimize the County's liability, safety risk, water cost, planning cost and legal compliance issues and allow for readily achievable realistic public success that the Commission can be proud of. She did point out that there are several covered seating areas and tables and that without these conditions it could increase pedestrian traffic and vehicular activity that is inconsistent with a tranquil cemetery site. Without an acquisition the Pak Hook Tong Chinese Cemetery would continue to be cared for by volunteers and visitors on an informal basis and volunteers from the KCG will be encouraged to give kokua to the cemetery and work with the current owners to guarantee its upkeep and maintenance in perpetuity. Ms.Liu-Eng said if the Commission is unwilling to impose the conditions another option is to do a long term lease with the Chinese cemetery and possibly purchase Unit 2 only. She said the KCG is supportive of the acquisition and she humbly asked the Commission for approval with conditions. She thanked the Commission for listening and passed out copies of her letter to the Commission. Mr. Jasper arrived at 1:45 p.m. Ms. Hayashi asked Ms. Liu-Eng for clarification because the preliminary report contains a section that includes building pavilions. Ms. Liu-En2 replied that thev Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 8 SUBJECT DISCUSSION ACTION requested the non -disturb condition for the entire parcel including the non - cemetery lot. She said KCG is willing to be a steward but would be fine if another steward was chosen and encouraged the Commission and Department to select the most fitting entity. Chair Blake asked if it meant to restrict access for Parcel 1 to which Ms. Liu-Eng asked if he was inquiring if they wanted to prevent access because there was nothing in her testimony to prevent public access. Ms. Higuchi-Sayegusa commented that there are nine purposes; one is for preservation and historic culture importance sights. Mr. Hull stated the County Attorney's Office would look at this acquisition as a historical preservation similar to a Heiau site. Funds are used for preservation of a Heiau but public access is limited. He said he didn't think Ms. Liu-Eng said to restrict access but to uphold the acquisition to a clause of no development on the property. The Open Space Commission will have to decide whether the site is for preservation purposes and block off the potential future development or to say no to its acquisition for both purposes, for access as well as for preservation. He said there is still opportunity for development on the open unit which has a setback line of about 300 feet from the shoreline. Ms. Liu-Eng reiterated there is absolutely no objection to access issues it's just not to encourage access. Ms. Kimura asked if KCG currently maintains the area to which Ms. Liu-Eng replied yes on a volunteer basis. Ms. Hayashi asked if it would be possible to designate an access or pathway to the beach to which Ms. Liu-Eng replied there is a well-worn and established dirt road that leads straight to the ocean. Chair Blake asked if lot 2 has vehicular access and where do visitors park their cars to which Ms. Liu-Eng clarified that there is vehicular access but there is no Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 9 SUBJECT DISCUSSION ACTION parking lot. Ms. Felicia Cowden testified that she came for `Aliomanu item and thought it would be on the agenda and expressed her disappointment saying that it's on the market and the Commission needs to take quick action. She said if Public Works or Parks and Recreation don't want to maintain the parcel the county should purchase it anyway because weeds can be cleared up later but the land cannot be acquired later. She said she hasn't come to Open Space meetings for a while but has come in the past and it seems like real purchases don't happen. She thanked the Commission for their efforts. Ms. Hayashi-Sagusa advised that there needs to be a motion on the floor. Mr. Blake moved to accept the preliminary report and recommend to Council for purchase. Motion was seconded by Ms. Kimura. Ms. Kimura said the Commission needs to discuss the condition piece and believes the motion shouldn't be whether the Commission wants the property or not. Mr. Blake said the Commission makes recommendation for a purpose but cannot direct the County Council. He said the Commission can state the criteria, but didn't think the Commission could set restrictions on the purchase of this property. Mr. Hull said the Commission is advisory commission to the County Council. The County Council makes the decision whether or not acquisition of a property will occur. The appropriation ordinance doesn't have the language attached to it, but the County Council could say by resolution and make a policy statement to the Administration that it not be used for development purposes. Mr. Figaroa recommended the acquisition with conditions be placed on the next agenda to discuss the conditions of that acquisition. Mr. Hull stated there's a Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 10 SUBJECT DISCUSSION ACTION motion right now for recommendation and asked if anyone wanted to amend that motion to which Chair Blake recommended adding that the Council act expediently. Ms. Kimura asked to build in conditions within the perimeters of this body without saying what those conditions are and asked for clarification whether the role of the Commission is to just say yes or no to a purchase. Mr. Hull said as an advisory body he doesn't see any issue with giving a recommendation that has conditions attached to it because the County Council will decide. He said he wasn't sure if it can be legally encompassed within the Ordinance. Ms. Higuchi-Sayeguchi clarified that it is a recommendation to Council that they consider and review the context and they are privy to the minutes for any particular discussion on any particular item that is recommended. Mr. Blake commented that anytime restrictions are added on purchases it can compound issues between buyer and seller. Ms. Kimura said she's just asking to honor Ms. Liu-Eng for taking the time to present these issues and also as a potential steward. She said it's important that the Commission understand a potential stewards concerns. Mr. Blake replied that would probably best be voiced to the Council at the time they consider the purchase versus before this body. Ms. Higuchi-Sayegusa said the Department will frame any Stewardship Agreement and select a steward that will honor and respect the access and preservation priorities of the property. Chair Blake asked Ms. Kimura if she wanted to amend the motion that's on the floor to which Ms. Kimura declined. Chair Blake called for the question. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 11 SUBJECT DISCUSSION ACTION Motion carried 7:0 Mr. Hull said the Department will work with the Chair to draft the letter to the County Council from this body that will accompany the draft Ordinance. Chair Blake recused himself from the next agenda item at 2:22 p.m. and left the meeting room. Vice Chair Karen Ono took the Chair's seat. G.2. Update on 4.860 acre archaeological parcel located at approximately 950 feet west of the Kukona A Laa Street and Halalu intersection further identified as Tax Map Key (TMK): (4) 2-8-031-199. (Deferred from 12/10/15 1/14/16 3/10/16 and 4/14/16, No action taken 7/14/16 due to voting quorum Preliminary report accepted 8/ 16/ 16, Received 01 / 12/ 17.1 a. Correspondence from Donald H. Wilson representing the land owner. Mr. Hull said the letter from Attorney Donald H. Wilson to the Department states that the land owner is not interested in selling nor are they open to any potential Stewardship Agreement with a community organization to upkeep the archeological site on their property. Mr. Blake asked if the Department had a record of the preservation plan of benign neglect or harmful neglect because the letter makes reference to their preservation , plan as doing nothing. Ms. Sadora said the subdivision file did not have any record that specifically outlined required annual or routine maintenance. It only specified protocol rules if a certain procedure was performed. Mr. Hull said that it appears they have not violated the conditions of the subdivision however it was discovered today that potentially they may have a Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 12 SUBJECT DISCUSSION ACTION requirement under the Land Use Commission Boundary Amendment Approval. When this area went into the Urban Land Use District it may have had requirements for maintenance of this site so the Department is researching the specific Land Use Commission Conditions of Approval to see if there is anything on the enforcement side that can be done. Mr. Figaroa asked for clarification because he remembers numerous times that initially the owner(s) informed the Commission that he/she was willing to sell. Mr. Hull responded that initially the Department had discussions with the Hui who expressed interest however after further research it was discovered the Hui did not have ownership, it was actually owned by one individual. The Department reached out to that one individual who responded with this letter stating that she is not interested in selling the piece of property. Mr. Hull recommended deferring the item because the land owner may be in violation of the Land Use Commission Conditions of Approval and violation of that condition adds leverage to this body. Ms. Kimura stated for the record her belief that any archaeological site viewed by this body needs to move as quickly and swiftly as possible because that is what the Commission is supposed to do. Whether there is a willing land owner or not these are documented important archaeological sites and the Commission owes it to their constituents as well as to their posterity to do everything possible to pursue this. Ms. Kimura wanted to know why the Department suggested deferral and if they plan to do more research to which Mr. Hull said the Department would do more research and if there is a potential violation of the Land Use Commission Conditions of Approval they would look into issuing a Zoning Compliance Notice. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 13 SUBJECT DISCUSSION ACTION Mr. Blake stated now they can obtain a Preservation Plan from SHHPD (State of Hawaii Historic Preservation Division). Vice Chair Karen Ono asked if the Commissioners had any other questions. She then asked if anyone from the public wanted to speak on this issue. Mr. Blake moved to receive the correspondence. Mr. Figaroa seconded the motion. Motion carried 6:0 Vice Chair Ono called for a 5 minute recess at 2:22 p.m. Mr. Randall Blake left the meeting at Chair Blake called the meeting back to order at 2:27 p.m. 2:22 p.m. G.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- 012:002 fPreliminary report accepted 1/12/17 Supplemental No. 1 Received 3/9/17, Deferred 3/9/17.1 a. Supplemental No. 1 Preliminary report pertaining to this matter. Ms. Sadora read Supplemental #1 to the Preliminary Report for the record. (Document on file) Ms. Higuchi-Sayegusa said the County Attorney's Office issued a letter to the land owner for the neighboring parcel with regards to the outstanding condition for pedestrian access easement. The attorney for the neighboring parcel informed the County Attorney's Office that the Land Use Commission's condition of approval was fulfilled even if there hasn't been a recorded pedestrian easement. She said it is part of the analysis if this parcel because if it goes to Council there may be questions regarding the pedestrian easement. She added that she was Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 14 SUBJECT DISCUSSION ACTION informed today that the attorney has filed a Declaratory Action to determine the applicability or the validity of the outstanding condition at the Circuit Court, and that is something the County Attorney's Office will have to work through. Mr. Figaroa asked if the neighboring property owner for the cemetery was notified of an easement. Ms. Higuchi-Sayegusa responded that she doesn't know if there is a pedestrian easement on the property but agreed with Mr. Figaroa that the parcel should be analyzed because an outstanding condition in the neighboring property could hold up the purchase. Ms. Kimura read into the record from the Supplemental #1 Preliminary Report, VII. Preliminary Recommendation 1, "Iffurther research demonstrates that the cost and process of acquisition and/or the establishment of a conservation easement is commensurate to the public interest served, the Department will be issuing a final review and evaluation at least 90 days prior to the first Commission meeting in September". She pointed out this is another example of a willing land owner with property on the open market and now they have to wait until June. She said they need to look at the timing to which they can feasibly accomplish and achieve the goals of this Commission and it concerns her because from an outsiders stand point having a willing land owner is half the battle. There are two parcels with willing land owners whose properties are active and on the open market and these are examples of governmental red tape. She suggested at a future meeting the Commission come up with ideas and ways to expedite the process for willing land owners whose properties are on the open market. Ms. Hayashi agreed with Ms. Kimura's statement. Ms. Higuchi-Sayegusa agreed with Ms. Kimura and said she remembers the Commission reviewed, passed, and adopted rules with two separate processes, the Department's purview and recommendation is a bi-annual process, and a dossier process. She asked the Commission to allow Ms. Sadora and the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 15 SUBJECT DISCUSSION ACTION Department a chance to package the report to Council. Mr. Figaroa asked if they could collaboratively vote to push this to receive right now and Ms. Higuchi- Sayegusa answered yes. Mr. Figaroa said he is excited about how quickly the cemetery could possibly get purchased and asked if this parcel could be purchased as quickly to which Ms. Higuchi-Sayegusa replied there is a possibility but each parcel has its own unique factors and issues. She suggested that because the Attorney representing the land owner in the neighboring parcel is in a sales transaction they may want to move quickly. Mr. Figaroa asked if property is voted through does the dossier process goes straight to Council to which Ms. Higuchi-Sayegusa said that it could, and reminded the Commission that part of the dossier recommendation to Council includes an acquisition plan. Mr. Blake commented that the best the Commission can do is pass it through and get it to Planning. Ms. Caren Diamond testified that the Commission's processes leave a lot to be desired. The ocean front property's sale price dropped approximately one million dollars. She asked if there was a way to amend the process to make it work and was disappointed that it didn't get approved at the last meeting and now the property is contingent. Ms. Diamond said she supports moving forward and hopes the contingent buyer falls out and the County becomes second in line to purchase the property, adding that public access was supposed to be legally granted in 1992 when Peter Nakamura was the Planning Director. She said hopes the Commission will pass this on to Council today. Ms. Agnes Keaolani Marti-Kini testified asked if the County was declaring it an easement to save money what are the chances of obtaining the parcel and if there will have a Stewardship Agreement. Chair Blake responded that he thinks the County would entertain any community group that was interested in being a steward. Hui Maka`ainana o Makana in Hd'ena is currently the steward for the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 16 SUBJECT DISCUSSION ACTION parcel. Ms. Hope Kalai testified that she is in support of the acquisition however she has a problem with the process and timing, and is frustrated with the County's Stewardship Agreement and the expectation on the community to steward acquisitions that are potentially millions of dollars of acquired County assets. She said she hopes the County will budget labor for these properties because the community cannot be expected to steward these parcels in perpetuity when some of them may have archeological or cultural significance, and that there should be a two year planning process for community stewards until the County can get labor costs written into their budget. Mr. Figaroa recalled at the last meeting the Commission collaboratively voted and passed this item. Ms. Sadora replied that there wasn't time to get the item on the agenda due to issues with quorum but that the item can now be received for the record and action taken. Chair Blake recommended taking action to purchase the property and expedite the matter. Ms. Hayashi commented that the Commission used to meet twice a month and was therefore able to do more work however now they only meet once a month. Ms. Sadora clarified that Office of Boards and Commissions revisited the Commission's rules and called for one meeting per month. Mr. Figaroa asked if they could go back to two meetings per month. Ms. Hayashi asked if they could call a Commission meeting as needed to which Ms. Sadora stated the Commission falls under Sunshine Law which is a minimum two week process. Ms. Kimura referred to the Supplemental #1 Preliminary Report, Section 5 Preliminary Evaluation No. 7, where comments by the Department of Parks & Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 17 SUBJECT DISCUSSION ACTION Recreation are stated. She disagreed with this section because it appears as if the proper research was not done and said on any given day the cars are lined up from the last house all the way to the property right before Hanalei Colony Resort. She knows this because her relatives regularly fish there and it's very well used by the community. She stated the record that when recommendations are made they should visit the area because on any given day that line of iron wood trees is full of cars from people who use the area and that the statement that says the location does not readily provide an area for on -street parking is correct. She said she feels this Commission has failed and to some extent the Commission's hands are tied but could move expeditiously on the matter because it's not often they have a chance to purchase an ocean front parcel priced below assessed value with a willing land owner in a spot that is very heavily frequented by the public that the Commission is supposed to serve. Ms. Kimura moved to accept tentative approval for acquisition on the parcel. Mr. Figaroa seconded the motion. Motion carried 6:0 New Business H.1. Selection and appointment of Commission -appointed at -large member of the Public Access, Open Space, & Natural Resources Preservation Fund Commission. Ms. Higuchi-Sayegusa said this appointment does not have to be approved by Council and recommended opening nominations, consider providing names, and keeping the item open to the next meeting. Chair Blake nominated Ms. Agnes Keaolani Marti-Kini and asked if there were any other nominations. (No more nominations were put forward) Announcements There were no items to receive for the record. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 18 SUBJECT DISCUSSION ACTION Next Meeting Chair Blake stated the two items for the next agenda are Aliomanu and the Salt Date and Pond update. Agenda Topics for Discussion Ms. Ono said Randall Blake told her he couldn't make the next meeting and she can't make it that afternoon also. Ms. Higuchi-Sayegusa stated the next meeting date is May 11, 2017. Ms. Kimura said she didn't know if this request would be appropriate for the next meeting but suggested to receive updates from Mauna Kea Trask on the situation at Coco Palms and Wainiha. She requested information on kuleana lands and the nature of the rising tension of potential rightful owners and if not the next meeting then she suggested in June. Mr. Jasper asked for an update on the property in Po`ipu adjacent to Nukumoi Surf Shop. He said the Commission looked at the entrance to the park next to Brennekes and wanted to know of any updates to which Ms. Higuchi-Sayegusa said it will be put on the next agenda. Mr. Figaroa asked Ms. Sadora if she could do an educational presentation on a specific item like Hawaiian land rights and Ms. Sadora said she could. Ms. Higuchi-Sayegusa said they could also put together a presentation on kuleana rights. Adjournment Ms. Ono moved to adjourn the meeting. Ms. Hayashi seconded the motion. Motion carried 6:0 Chair Blake adjourned the meeting at 2:40 P.M. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 13, 2017 Page 19 41"'Va Submitted by: Reviewed and Approved by: Sandra M. Muragin, Commission Support Clerk Theodore Blake, Chair ( X ) Approved as circulated. 618117 ( ) Approved with amendments. See minutes of meeting.