Loading...
HomeMy WebLinkAbout2018-2-8OpenSpaceMinutesApprovedCOUNTY OF KAUA`I Minutes of Meeting OPEN SESSION Board/Commission: Public Access, Open Space and Natural Meeting Date February 8, 2018 Resources Preservation Fund Commission Location Mo`ikeha Building — Meeting Room 2A/213 Start of Meeting: 8:05 a.m. End of Meeting: 12:45 p.m. Present Chair Shaylyn Kimura; Vice Chair Theodore Blake Members: Dorothy Hayashi; Karen Ono; and Herman Texeira Staff. Deputy County Attorney Jodi Higuchi-Sayegusa; Planning Department Staff: Deputy Planning Director Ka`aina Hull; Duke Nakamatsu; and Nani Sadora Boards & Commissions Office Staff: Commission Support Clerk Sandra Muragin Excused Commissioner Jett Jasper Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kimura called the meeting to order at 8:05 a.m. Roll Call The meeting commenced with a roll call from the Commissioners. Five (5) Commissioners were present, which constituted a quorum. Approval of Mr. Blake moved to approve Agenda the agenda as amended. Mr. Texeira seconded the motion. Motion carried 5:0. Minutes of the D.I. Meeting of January 11, 2018 Ms. Ono moved to approve the Meeting(s) of January 11, 2018 minutes as the Open Space circulated. Mr. Blake Commission seconded the motion. Motion carried 5:0 Receipt of Items There were no items to receive for the record. For The Record (None) Hearings and F.I. All remaining public testimony pursuant to HRS 92 (Sunshine Law). Public There was no public testimony. Comment Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 2 SUBJECT DISCUSSION ACTION Communication There were no communications. (None) Unfinished There was no unfinished business. Business (For Action) (None) New Business I.I. Review and discussion of a 14.431 acre parcel located in Kalihiwai, Kalihiwai Ahupuaa, Halalea Moku, further identified as Tax Map Key (TMK) (4) 5-3-006:015. (For Action) a. Preliminary report pertaining to this matter. Ms. Sadora read the Preliminary Report dated January 3, 2018 for the record. (Document on file) The Commission talked about the location of the area until they all came to an understanding on the whereabouts of the site. Chair Kimura stated that this property and all the other upcoming properties were brought to her attention by Beryl Blaich and a group of north shore residents at a Kilauea Neighborhood Association meeting in December. Deputy Planning Director Ka`aina Hull explained that a preliminary approval would trigger the Department to research the site further and include other agencies such as the State of Hawaii Department of Land and Natural Resources (DLNR), as well as the County Parks and Recreation. Mr. Blake said the assessment price of the property is of concern, but the large open space and area makes it a priority and worthy of further research. He stated they would need to partner with the County of Kauai and referenced Black Pot Beach at Hanalei Bay as an example. Mr. Hull said if the Commission recommended final approval and Council took action, purchasing the property would significantly reduce the fund balance and4he Department would require prioritization of why this property warranted spending a large amount of the fund. Ms. Hayashi commented that the Commission should be prudent in their decision making and not rush into acquisition due to the assessment price. Chair Kimura explained the property was brought to her attention because there were many community complaints of illegal dumping and homelessness in the area. Her understanding was that the land owner had no plans to sell or build at this time. Mr. Texeira said it's a great prime piece of property and recommended Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 3 SUBJECT DISCUSSION ACTION serious consideration. Mr. Blake concurred and added that the -property size and location is ideal, and he envisioned it with pods of camp sites and not as a park with pavilions. Ms. Ono moved to approve the preliminary report for Tax Map Key (4) 5-3-006:015 as submitted. Mr. Blake seconded the motion. Motion carried 5:0. I.2. Review and discussion of a 0.25 acre parcel located in Kalihiwai, Kalihiwai Ahupuaa, Halalea Moku, further identified as Tax Map Key (TMK) (4) 5-3-006:020. a. Preliminary report pertaining to this matter. Mr. Hull said this parcel was directly adjacent to the previous parcel discussed and under the same ownership. In the interest of time the Department omitted reading the Preliminary Report dated January 3, 2018. (Document on file) Noting the location of the subject property on the map, Mr. Blake said they could adversely possess the parcel if they purchased the previous property. Deputy County Attorney Jodi Higuchi-Sayegusa said with a clean ownership and title it could be considered. Mr. Blake moved to approve the preliminary report for Tax — Map Key (4) 5-3-006:020 as submitted. Mr. Texeira seconded the motion. Motion carried 5:0. I.3. Review and discussion of a 1.15 acre parcel located in Kalihiwai, Kalihiwai Ahupuaa, Halalea Moku, further identified as Tax Map Key (TMK) (4) 5-3-003:068. a. Preliminary report pertaining to this matter. Ms. Sadora read the Preliminary Report dated January 3, 2018, for the record. (Document on file) Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 4 SUBJECT DISCUSSION ACTION Mr. Blake asked if there was any reason they should be aware of on why there was a low assessed value on a large piece of land. Mr. Hull speculated that due to the proximity of the property to the water, the current shoreline setback ordinance would prohibit any development on that site. Chair Kimura said the property abuts the Kalihiwai river and the size of the land area changes with the season. She said in 2005 the land owner, Princeville Development, prohibited camping in the area. A conversation developed about the subject property location area being on the wrong side of the map. After a lengthy discussion on the exact whereabouts of the parcel, the Commission did not agree with the map of the subject property location area and the Department recommended a deferral for further research and to present at the next meeting. Mr. Texeira moved to defer agenda item I.3. to the next meeting. Mr. Blake seconded the motion. Motion carried 5:0. I.4. Review and discussion of a 1 acre parcel located in Kalihiwai, Kalihiwai Ahupuaa, Halalea Moku, further identified as Tax May Key (TMK) (4) 5-3-003:029. a. Preliminary report pertaining to this matter. Mr. Hull said this property is adjacent to the one previously discussed and recommended Ms. Ono moved to defer deferral of this agenda item also. agenda item I.4. to the next meeting. Mr. Blake seconded the motion. Motion carried 5:0. I.5. Proposed Amendments to the Charter of the County of Kauai, Section 19.15, Fund Administration, C. Public Access, Open Space, Natural Resources Preservation Fund. Mr. Hull said the Department worked with the County Attorney's Office to craft the new language in the proposed amendment. The Commission reviewed a copy of Section 19.15. Fund Administration, taken from the Charter of the County of Kauai. The amendment Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 5 SUBJECT DISCUSSION ACTION included proposed new language underlined in section C; Public Access, Open Space, Natural Resources Preservation Fund. (1) The moneys in this fund shall be utilized for purchasing or otherwise acquiring lands or property entitlements and anv corresponding improvement and maintenance of those lands or property entitlements for land conservation purposes. The Department also proposed a new section C; (3) The moneys in this fund may also be used to improve or maintain public pedestrian access to coastal areas. Mr. Hull said the new proposed language covers maintenance of accesses on newly acquired properties and existing coastal accesses. He said there was a plethora of coastal public accesses that are demarcated on paper; however, the actual area is not marked, not maintained, and the public is unaware of its exact location, or unable to enter due to overgrown vegetation. Mr. Blake had two inquiries; first, could the Commission restrict maintenance costs and avoid going through procurement; and second, could they hire private contractors instead of using County employees. Ms. Higuchi-Sayegusa replied that they took into consideration those types of scenarios and included enabling language that provided a threshold. However, she continued to say that an ordinance may be required to define those requests. Mr. Hull outlined a course of action and said should this amendment be adopted, the Commission's first order of business would be to inspect all the documented accesses on a map and prioritize which accesses should be improved and maintained because the fund balance would not be able to provide maintenance for all the accesses. Next, the Commission would need to determine the extent of work required, and if the area warranted a full-time maintenance staff or periodic contract worker. Mr. Blake asked if they could specifically include that clearings and improvements be afforded to a group in that area that could take stewardship of that access. Mr. Hull and Ms. Higuchi-Sayegusa both made it clear to the Commission that there is no avoiding the procurement process and an ordinance would address and define the Commission's requests. Ms. Hayashi expressed concern over the word "improvement," and noted public interest could dictate paved sidewalks and she envisioned these properties and accesses to be cleared and left in its natural condition. Mr. Hull explained that the public could only comment on improvements and maintenance on properties and coastal accesses the Commission already recommended or acquired. The public would have to present their case to this body and if the Commission agreed, then it would go through Council for public input Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 6 SUBJECT DISCUSSION ACTION and approval. He continued to say that the main reason they decided to use the word "improvement" is it would allow demarcation; the actual signage identifying where the access is located. Ms. Ono stated the amendment did not include Mr. Texeira's request for the percentage increase to which Ms. Higuchi-Sayegusa said that it would be identified in an ordinance. The Commission discussed their desire to reclaim properties and accesses already owned by the County. They stressed the importance of maintaining and demarcating these public accesses, and a high priority to rid the rampaged abuse -by neighboring properties that Mr. Texeira moved to approve use the accesses to dump green waste and plant vegetation that block the pathways. the proposed amendments to the Charter of the County of Kauai, Section 19.15, Fund Administration, C. Public Access, Open Space, Natural Resources Preservation Fund. Ms. Hayashi seconded the motion. Motion carried 5:0. Announcements There were no Announcements. Commission Recess and continuation of meeting for excursion to the west side areas of community The Commission left the interest. There will be no decision making by the Commission. Transportation will not be Site Visits meeting room at 9:02 a.m. to provided for interested parties. Commissioner and staff will be transported by County of continue the meeting at the site Kauai vehicles. The excursion will leave the Lihu`e Civic Center at approximately 9:00 a.m. location noted on the agenda as and proceed to the following locations: item K. Commission Site Visits. Arrival 9:45 a.m. —10:45 a.m. ■ Access to Lawa`i Kai (Allerton's) K61oa. The meeting continued at the National Tropical Botanical The Commission received a 4-page Lawa`i Kai Special Subzone Protection Next Steps Gardens. Concept Paper dated 11.28.17. National Tropical Botanical Gardens (NTBG) Director and Chief Executive Officer Charles "Chipper" Wichman, Jr shared some background information and explained the creation of the Lawa`i Kai Special Subzone Master Plan that began 10 years ago. The long—range master plan integrated various government, private and Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 7 SUBJECT DISCUSSION ACTION community groups that together would manage and protect everything in the area from mauka to makai, which included the stream, private held lands, beach, ocean and the ocean floor in perpetuity for science, conservation, and education. Mr. Wicl-iinan said the process included a year -long observation survey that involved a manual count 3-times a day on the number of people using Lawa`i Kai beach. The survey revealed that the largest crowd amounted to 20 people and averaged a lot less. He said the legal access to Lawa`i Kai beach is along the rocky shoreline and it is difficult to navigate, which is why 95% of the public enter the illegal way. The vision of the master plan was to control the number of people who use the beach not keep them out, and the only way they thought they could accomplish that was to not create a public access. However, with advancements in technology and smartphones the public could now easily navigate their way to the beach using GPS (Global Positioning System) trackers or maps. He said in the past 3 years there has been a tremendous increase of visitors to the beach. At times they observed a crowded beach with over 100 visits per day. NTBG's tour shuttles carefully avoid trespassers along the private driveway and at times their security guards have experienced confrontational interactions at the gate area. Concerned about the amount of people using the beach and the potential of someone getting hurt, they have been meeting with the County Planning Department, State Officials and Trails program, and everybody agreed that if they provided an unrestricted access it could have a negative impact on the surrounding natural resources. Mr. Wichman said the area is culturally significant and showed an ancient iwi kupuna burial site inside a mountain that was vandalized with graffiti. He said last year there were 27 nesting events at Lawa`i Kai beach and it is the most significant green sea turtle nesting site in the Hawaiian islands, with the potential to become more important as water levels rise and the possibility of their primary nesting site in the Northwestern Hawaiian islands sink under water. Mr. Wichman said once Kukui'ula removed all the cactus and landscaped the area with native plants it was a game changer and the crowds converged. They created a destination because of the scenic view and during peak season they have counted up to 60 cars parked along both sides of the roadway. Mr. Wichman then proposed the following to create a win -win situation for the County, NTBG and Kukui'ula. Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 8 SUBJECT DISCUSSION ACTION This condition must be met to move forward: ■ Gate and close the road from Spouting Horn and convert to pedestrian access only. This would prohibit vehicular traffic. Once this condition is in place, these must follow: ■ Kukui'ula would agree to donate the easement shown in orange and NTBG would donate or sell the access area to Open Space. ■ Open Space could use their funds to purchase the NTBG access area and NTBG would donate the money back to the County so improvements could be done. ■ Contingent upon NTBG selling the access area to Open Space, the County must agree to a long-term management agreement and restrict access to the area with a pre- determined limit use to Lawa`i Kai beach, and also limit access to fisherman. He said these are options for the Commission's consideration instead of using adverse possession to acquire the access way. Mr. Wichman then unveiled another important caveat in which Kukui'ula would allow access from the gate to the property, in exchange for a limited amount of their owners to access it from a specific area; with a different area for the public to access. Mr. Blake inquired how Kukui'ula was going to manage their owners access to the area to which Mr. Wichman responded it would be like a golf tee time or spa time with a limited number. Mr. Wichman continued that Kukui`ula's attorney submitted a letter outlining that they legally have the ability to regulate the number of visitors to the access area. He then added that in the process of entitlements, Kukui'ula negotiated with NTBG to create a public trail system that would cross into NTBG's property. An unidentified speaker stated that the landowner/developer reviewed their club membership agreement between the homeowners/members and Kukui'ula and sent it for legal review. Their attorney said that the club agreement is binding enough and they have the power to enforce with consequences a limited number of people exercising that access. Mr. Blake voiced his dispute with Kukui`ula's proposal that took away several access rights from the public. He disagreed with allowing Kukui'ula members the privilege to access Lawa`i Kai from a closer proximity and in return, allow the public its only access from a parking stall at Spouting Horn. The distance Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 9 SUBJECT DISCUSSION ACTION and convenience shows a greater disparity to the public. Mr. Wichman advised Kukui`ula of the possible negative impact it may have on the public's perception and said if the community does not support this, he will not support it either. Ms. Higuchi-Sayegusa requested further discussion be conducted at another meeting. Mr. Wichman took the Commission on a tour through the gate and they drove to the area where NTBG's property line begins and Kukui`ula's property line ends. Then they drove all the way down to Lawa`i Kai to walk up the driveway and see the condition of the easement. Mr. Wichman led the Commission on a walk along the driveway to Lawa`i Kai and spoke of the history of the McBryde and Allerton family land, house, and Queen Emma's cottage. Mr. Hull asked if the Allerton House and Queen Emma's Cottage was on the Historic Register, to which Mr. Wichman said they are not. — Mr. Wichman led the Commission along the coastal rock trail that the public uses. He said unleashed dogs are a big threat to sea turtles, as a couple with an unleashed dog passed them along the way to the beach. Mr. Wichman than led them to the area of the burial cave that was vandalized with graffiti. With a panoramic view of the bay, Mr. Wichman said the Special Subzone Master Plan The Commission left Lawa`i comes all the way out and includes the whole bay. It's not a marine conservation district; Kai to continue the meeting at people are allowed to snorkel and fish, but it is to protect the entire bay, the beach, the stream the site location noted on the and the land. agenda as item K. Commission Site Visits. Arrival 11:30 a.m. — 12:00 noon The meeting continued at the ■ 0.2764 acre parcel located in Hanapepe, Hanapepe Ahupuaa, Kona Moku, further parcels located in Hanapepe. identified as Tax Map Key (TMK) (4) 1-8-008:065 ■ 0.2867 acre parcel located in Hanapepe, Hanapepe Ahupuaa, Kona Moku, further Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 10 SUBJECT DISCUSSION ACTION identified as Tax Map Key (TMK) (4) 1-8-008:071 Ms. Hayashi said this is the staging area for the Filipino massacre or revolt and the plaque that memorializes the massacre is in Hanapepe Town park by the Fire Station, but it should be erected on this property. She shared a story of a woman who told her this area used to be Crown lands and at one time there was a gate and this woman's family was the caretakers of the land. Ms. Hayashi said there was a hillside that was demolished to make the road. She said another kupuna referred to this road as "the road of death" because there was a cave along that demolished hillside that was used to prepare bodies for their final resting place. There was a variance in the storyline of whether involvement included Sheriff Rice with 4 deputies; or Sheriff Crowell with goat hunters. Mr. Hull said the story is that the sugar workers at that time were not unionized and the Filipino workers decided to strike. At one point a group of Filipinos decided to return to work and crossed the strike line. In the process, one of the Filipino's was kidnapped and held hostage by the strikers. Sheriff Crowell decided to rescue the hostage but needed more backup then the few deputies he had, so he recruited and deputized goat hunters to assist him. To protect himself and the hostage in the escape, he assigned the deputized goat hunters on the ridge to shoot if they saw anyone intending to harm him or the hostage. A raucous erupted and it ended with casualties on both sides. The mass grave is in the vicinity of the cemetery in the area. Ms. Hayashi said she suggested the area because it's not only about the Filipino massacre, there are other culturally significant events that involved stories about the ancient Hawaiians and other ethnicities and businesses that made the old Hanapepe Town thrive. Mr. Texeira commented that it would be a good area for a heritage park. Mr. Hull said partnerships for this area could include the Filipino Chamber of Commerce, the Unions have expressed interest, and other non-profit organizations. Ms. Hayashi said the idea is to also promote the history of the community area and reminded The Commission left everyone that Kauai Kitchen had a facility in the area and they invented Spam® musubi and Hanapepe to continue the loco moco. meeting at the site location noted on the agenda as item K. Commission Site Visits. Arrival 12:15 p.m. — 12:45 a.m. The meeting continued on the Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session February 8, 2018 Page 11 SUBJECT DISCUSSION ACTION ■ View from Kaumuali`i Highway of the lands mauka of Salt Pond Beach Park. land mauka of Kaumuali`i Highway. The Commission viewed the mauka lots that are owned by the State of Hawaii from the road side on Kaumuali`i Highway. Malia said she believes runoffs are a big problem and that could be part of the impact that affects the low production of salt. She believed it's coming from a multitude of sources which could include; runoffs and contaminants from the lands mauka; vehicles lowering the sand berms; climate change; and sea level rise. She said anything that happens on the lands mauka of Salt Pond Beach Park affects the makai side, and creating protection and a buffer zone would be a big protection and important to preserving the cultural practice of salt making. Next Meeting Next scheduled meeting date is March 8, 2018 at 1:00 p.m. Date and Agenda Topics for Discussion Adjournment Ms. Ono moved to adjourn the meeting at 12:45 p.m. Mr. Blake seconded the motion. Motion carried 5:0. Submitted by: 44&1 �andra M. Muragin, Commission Support Clerk ( X ) Approved as circulated. 4/12/18 ( ) Approved with amendments. See minutes of meeting. Reviewed and Approved by: Shaylyn Kimura, Chair