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HomeMy WebLinkAbout2017-6-8OpenSpaceCommissionMinutesApprovedCOUNTY OF KAUA`I Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date June 8, 2017 Resources Preservation Fund Commission Location Mo`ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:02 p.m. End of Meeting: 3:11 p.m. Present Vice -Chair Karen Ono Members: Randall Blake; Joseph Figaroa; Dorothea Hayashi; and Shaylyn Kimura Staff. Mayor's Chief of Staff Paula Morikami; Deputy County Attorney Jodi Higuchi-Sayegusa; Planning Department Staff. Ka`aina Hull and Nani Sadora, Boards & Commissions Office: Commission Support Clerk Sandra Muragin Excused I Chair Theodore Blake and Jett Jasper Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Ono called the meeting to order at 1:02 p.m. Roll Call Five (5) Commissioners were present, which constituted a quorum. Approval of Mr. Figaroa moved to approve the agenda. Agenda Mr. Blake seconded the motion. Motion carried 5:0 Minutes of the 1. Meeting of April 13, 2017 Mr. Blake moved to approve the April 13, meeting of the 2017 minutes as circulated. Ms. Hayashi Open Space seconded the motion. Commission 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 92 (Sunshine Law) Public Comment Deputy Planning Director Ka`aina Hull announced if any member of the public wanted to testify at this time on any of the agenda items. He said the Chair will also allow testimony when the individual agenda item comes up if they want to wait. (There was no public testimony at this time) Communication There were no Communications. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 2 SUBJECT DISCUSSION ACTION Unfinished H.1. Selection and appointment of Commission -appointed, at -large, member of the Public Access, Open Space, & Natural Resources Preservation Fund Business (For Commission Action) Vice Chair Ono stated Ms. Agnes Marti-Kini is the only nominee and inquired if there were any other recommendations. Ms. Kimura stated Commissioner T. Blake nominated the only nominee and inquired if there are any rules or guidelines since he is absent. Deputy County Attorney Jodi Higuchi-Sayegusa said nominations are being entertained and once nominations are closed the Commission can vote with the members present. Vice Chair Ono asked if the Commissioners had any other recommendations, hearing none she then asked for a motion to close the nominations. Mr. Figaroa moved to close the nominations. Concerned about the Commissioners not in attendance Ms. Hayashi asked to defer because they may have someone to nominate. Mr. Hull stated they did not need full quorum to continue and confirmation would be by majority vote with those present. Mr. Blake seconded the motion. Vice Chair Ono proceeded with a roll call vote; Mr. Make -Aye; Ms. Hayashi -No, Ms. Kimura -Aye; Mr. Figaroa-Aye; Vice Chair Ms. Higuchi-Sayegusa confirmed there was one nomination and the Commission Ono -Aye. Motion carried 4:1. could proceed with the vote. Vice Chair Ono asked for a motion to approve Ms. Marti-Kini as the final nominee. Mr. Figaroa moved to accept Agnes Marti- Kini as the final nominee for the Open Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 3 SUBJECT DISCUSSION ACTION Space Commission. Ms. Kimura seconded Ms. Kimura addressed Ms. Marti-Kini in the audience and asked her to introduce the motion. herself and share some background information. Agnes Keaolani Marti-Kini introduced herself and said she lives in Anahola and leases farm land from the Department of Hawaiian Homes. She was the founder and past president of the Kalalea Anahola Farmers Hui and is the acting Po'o for the Moku Koolau. She is a mother of 7 children and grandmother of 13. She graduated from Chaminade University and moved with her `Ohana in 1985 to Kauai when she was awarded Hawaiian Homes land. She retired as an investigator for the State of Hawaii and is now a full-time farmer and community supporter in the Anahola and Koolau District community. Ms. Marti-Kini said she and her husband founded the Kauai Soccer Association as a way to get her 7 kids to stay active and out of trouble. Her husband is from Spain and she was born and raised on Oahu in Ka`a`awa and her `Ohana comes from Waipi`o Valley on the Big Island of Hawaii. Vice Chair Ono thanked Ms. Marti-Kini and asked if the Commission had any other questions. She then asked for a 10-minute recess upon the request of Mr. Hull who said he was just made aware that the County Council has requested a discussion with Ms. Marti-Kini regarding testimony on a possible future agenda item. The Commission recessed at 1:16 p.m. The Commission reconvened at 1:23 p.m. Mr. Hull reminded the Commission there was a motion on the floor and a second for the election of the nominee. With no further discussion, Vice Chair Ono called for the question. Motion carried 5:0 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- (For Action) 004:013. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8.2017 Page 4 SUBJECT DISCUSSION ACTION a. Preliminary report pertaining to this matter. Ms. Sadora read the Preliminary Report for the record. (Document on file) Mr. Figaroa asked if the Planning Department was against recormnending acquisition of this property because it felt the cost versus impact to the community is not balanced. Mr. Hull explained that the Open Space fund can be used to acquire property that has a structure on it if it meets the historic criteria component for acquisition. The site has a structure that is not historically significant and it creates liability for the County to maintain and sets a precedence for the Commission moving forward. He cautioned the Commission that funds could be depleted in a matter of months because there are hundreds of properties on the open market with structures on them that are near the shoreline. Mr. Hull stated that under State law there are certain uses that require an Environmental Assessment (EA) and one of these is the expenditure of County or State funds for the acquisition of improved properties. The Commission could not forward this to Council until they complete an EA which could take anywhere from 1-4 years and cost $30,000.00 to $250,000.00. He stressed that the process is costly, lengthy, and there is no guarantee the property will still be available once the process starts and funds are spent. Mr. Hull said this is a beautiful property but the Department would not support this acquisition. Mr. Blake asked if the land owner sub -divided the property and excluded the developed section would that make it feasible to which Mr. Hull said it could. Ms. Sadora added for the record the Department received 11 written testimonies in support of the acquisition. Ms. Kimura asked to defer the item to allow the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 5 SUBJECT DISCUSSION ACTION Commission time to receive and read the written testimonies, to which Mr. Hull said that was the Commission's decision to make. Ms. Kimura asked for the process in determining what makes a structure historic or of cultural importance. Mr. Hull replied there are multiple ways which include documenting cultural practitioners in the area who state the site, structure, or area is of cultural importance for these purposes. There are four routes for historic categorization; one is under HRS section 6E, any non-residential structure over 50 years old is considered a historic structure; and the County of Kauai in association with Kauai Historic Preservation Review Commission maintains a historic inventory list. There is also a State of Hawaii and National historic registry list and the structure is not on any of those lists. Ms. Kimura requested clarification on the rule of not being able to acquire a property that has a structure on it. She said Kauai has a finite amount of undeveloped coastal properties and at some point the Commission will have to cross that bridge to preserve open space. Mr. Hull replied it's not a hard and fast rule. His concern is how to differentiate between all shoreline properties on the open market. He questioned using half the funds to purchase the property versus other shoreline properties. He said he was confident that funds could be spent on a property with a structure on it without historic or cultural significance but what will stop them from using these funds on any shoreline property. Ms. Kimura said she doesn't see a concern with purchasing properties that have a structure on it; she is more concerned about how it could prevent this body from moving forward. She said her interest was to make sure the property was worth saving for perpetuity and future generations. Mr. Hull stated that if the Department received 20 applications tomorrow for shoreline properties what makes the property more valuable and where is the line drawn because Council will ask that question. He said it's f1pring out the delineation line of what makes Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 6 SUBJECT DISCUSSION ACTION the property worth it. Ms. Hayashi agreed, saying there is now an influx of willing landowners and she isn't sure how the Commission is going to deal with that. Mr. Blake asked if the item could be sent over to the Kauai Historical Preservation Review Commission (KHPRC) for their opinion on whether the property was of any historic value to which Mr. Hull said yes. Ms. Hope Kalai shared a power point presentation of the `Aliomanu area. She highlighted the properties stream access, `Aliomanu stream and historic trail access the Alanui Aupuni that is culturally significant and well documented. She talked about the area going through the Kuleana act in the 1850's where the Moloa`a hui partition action brought these Kuleana lands into modern TMK's. The person who held the land in 1932 was of historical significance and her name was Isabella M. Castro. Ms. Castro was a descendant of Miguel Castro who was a paniolo for Queen Deborah Kapule. Descendants of the Castro line include well-known local families like the Huddy's; the Lovell's; and the Rapozo's. She closed by saying that acquiring the property would make sure it does not become a vacation rental and exclude community access. Ms. Kalai stated that the property does have historic significance and there is a chance to save it. Ms. Laurel Briar from Anahola shared her concerns about access to the beach and claimed she has been harassed for accessing the property during beach cleanups. She suggested acquiring access instead of purchasing the property. Mr. Figaroa stated that it could be sent straight to Council to which Mr. Hull replied that Council will need an EA (Environmental Assessment) and an appraisal. Mr. Blake moved to defer the item until the next meeting and refer evaluation of the property to the Kauai Historical Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 7 SUBJECT DISCUSSION ACTION Preservation Review Commission. Mr. Hull said they could contact the realtor if there was any interest in proceeding with a CPR process for the County to acquire a pedestrian easement to access the beach. Mr. Blake asked if KHPRC adds the property to their historic list whether an EA would still be needed to which Mr. Hull said yes, and explained that an ES was required under HRS 343, expenditure of County funds for improved properties. Ms. Hayashi and Mr. Figaroa asked if the new owner of the property decided to build a new home and applied for permits, could the Planning Department at that time mandate a pedestrian easement access. Mr. Hull replied no, there is a specific Legislation process for that. Vice Chair Ono stated that Mr. Blake's motion failed and asked if anyone else wanted to make a motion. Ms. Hayashi asked Mr. Blake if he made the motion to avoid the cost of an EA to which Mr. Blake said no. He envisions the property structure being used as an educational facility that is next to a recreation facility and a historic trail and stream and it would be a great asset to the County. Mr. Figaroa agreed and said it coincides with what was done with Ke Kahua O Kaneolouma and how they partnered with a community organization that carried it out and the Commission took a supporting role. He then asked if there was a referral cost to KHPRC, to which Mr. Hull said no. Ms. Hayashi seconded the motion. Ms. Higuchi-Sayegusa advised that a new motion was needed. Mr. Figaroa moved to present this property known as `Aliomanu to the KHPRC with a vision as a community educational center, as well as a public pedestrian access to the beach front. Mr. Blake seconded the motion. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 8 SUBJECT DISCUSSION ACTION Mr. Hull requested the motion be clarified because he wasn't clear on the community educational center. Mr. Blake stated the idea is that the present resident structure be converted into a community education center. Mr. Figaroa addressed the public audience and suggested they team up and start work on planning the community center. Mr. Hull informed the Commission that the budget may not have sufficient funds for the EA. He said the Open Space fund uses 5% for administrative cost and between expenses of the Commission and staff, as well as cost of appraisals; special council for the Hoban property; and the contract executed with Hawaiian Island Land Trust (HILT); there may not be funds for an EA in the upcoming year's budget. Ms. Hayashi and Mr. Figaroa both asked for a copy of the budget with a breakdown by the next meeting to which Mr. Hull said the Department will provide one. He said there was roughly $5.5 million with $250,000.00 allocated for administrative purposes, project cost and staff and that there was already a fair amount allocated and set for the upcoming budget year with appraisals, HILT contract, Salt Pond studies and the potential legal fees on the Hoban property. With no further discussion, Vice Chair Ono called for the question. Motion carried 5:0. Ms. Kimura asked for copies of the testimonies at the end of the meeting. New Business I.2. Update on acquisition of land to create a buffer at Salt Pond Beach Park. (For Action) continued Ms. Sadora reminded the Commission that a decision was previously made that gave the Administration the lead on Salt Pond. She said there is a request for the Commission to fund a Hydrological Study to determine the cause of the salt beds having good and not so good production years and flooding of the area. She said Ruby Pap of the Planning Department is currently working to secure a vendor. Ms. Sadora said the Department met with the Po'o of the salt makers to inform them the County was moving forward with their request to do a study. She said Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 9 SUBJECT DISCUSSION ACTION the County hopes to secure a contract in the next couple of months and she will communicate the process to the Commission including updates on the buffer area mauka of the salt pans. The Commission expressed concerns regarding cattle in the buffer zone and the impact it might have on the salt beds. Mr. Figaroa stated the buffer zone is owned by the State and leased out. He recalled the last time this was brought before the Commission an Executive Order was being pursued for a conservation easement on the mauka side. He said Mayor Bernard Carvalho told them he had big plans and was taking the initiative to work it out but it never came to fruition. Ms. Hayashi agreed that the Commission was asked to step back so Mayor Carvalho could do his part. She said Mr. Gilbert Nobriga, who was a salt maker but is now gone, asked the Commission to pursue an Executive Order to preserve the area. Ms. Hayashi voiced her frustration, saying that the salt beds are culturally valuable to the island and known around the world. Mr. Figaroa added that he didn't understand why the hydrological study and sewage treatment was put in open space. Mr. Hull said the Department will follow up with the County Attorney's office on the negotiation process of the Executive Order with the State. He said because it's State land the State cannot sell land to other entities, they are legally prohibited. The Commission is tasked to manage open space acquisition funds and to use it to acquire land for preservation purposes. By default of HRS the Commission can never recommend Council expend funds to purchase State land because the State can never sell it to the County. Surprised by this new information the Commissioners agreed they spent way too much time on this and thanked the Department for informing them. Ms. Kimura questioned if there was ever an active discussion between the State and County to pursue an Executive Order. She felt the State wouldn't entertain a Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 10 SUBJECT DISCUSSION ACTION lease if they were aware of this and requested an update on this active discussion. Mr. Hull requested a motion to receive. Mr. Figaroa moved to receive. Ms. Hayashi seconded the motion. Motion carried 5:0 New Business I.3. 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 (For Action) beach access easement to Kukui`ula Bay through the former Hoban property. continued Mr. Hull informed the Commission the County Council made it clear they would not hear any further discussion until they had an appraisal of the property and because of the condemnation proceeding, they also wanted an appraisal of potential damages. He said an appraisal will be done on the pedestrian easement and potential damages to the easement because the property owner doesn't want public access next to their property. The Department has procured appraisal services and anticipates it finalized in 2-3 weeks. He said these figures will be available at the next meeting. Vice Chair Ono asked for any public testimony on this item. Seeing none, she asked for a motion to receive. Mr. Blake moved to accept. Ms. Kimura seconded the motion. Motion carried 5:0 I.4. 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 Highway intersection, further identified as Tax Map Key (TMK) (4) 1-2-013 :041. Mr. Hull said that he, Chair Blake, Commissioner Kimura, Commissioner Jasper, and Ms. Sadora explained the situation and the need to expedite the acquisition because it's on the open market. Two Council members would not allow it to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 11 SUBJECT DISCUSSION ACTION move forward unless an appraisal was done even though the risk of the property being sold was emphasized. Procurement services were started immediately after the meeting and an appraiser won't be secured until July 1 st. Mr. Blake moved to accept. Ms. Hayashi seconded the motion. Motion carried 5:0 1.5. Update on recommendation to the Kauai County Council for acquisition of a 0.3709 acre parcel located in Hanalei, Wainiha Ahupuaa, Halelaa Moku, further identified as Tax Map Key (TMK) (4) 5-8-012:002. Mr. Hull said the exact same thing happened at the County Council with this one too. They explained the Commission's desire to move in an expedited manner because this is also on the open market and risks being sold. Council said an appraisal was necessary to move forward and the property has since been sold. Mr. Blake asked if the law requires an appraisal be done before purchase to which Mr. Hull said no, however if the County Council requests one the Department will need to provide it. Mr. Figaroa moved to receive. Mr. Blake seconded the motion. Mr. Hull explained there will never be a fast track to expedite acquisitions because of all the processes in place. Vice Chair Ono called for the question. Motion carried 5:0 Announcements There were no items to receive for the record. Next Meeting Next scheduled meeting date is July 13, 2017. Date and Agenda Topics The Commissioners requested the following be included on the next meeting for Discussion agenda: Hoban appraisal amount, County Attorney update on Salt Pond, the length of the State lease on the mauka easement of Salt Pond, the budget and any updates on `Aliomanu from Kauai Historic Preservation Review Commission. Adjournment Vice Chair Ono adjourned the meeting at Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 8, 2017 Page 12 SUBJECT DISCUSSION ACTION 3:11 p.m. Submitted by: Reviewed and Approved by: andra M. Muragin, Commission Support Clerk Karen Ono, Vice Chair ( X ) Approved as circulated. 11/9/17 ( ) Approved with amendments. See minutes of meeting.