Loading...
HomeMy WebLinkAbout2018_0809_OS_Minutes_Open_ApprovedCOUNTY OF KAUA`I Minutes of Meeting OPEN SESSION Board/Commission: Public Access, Open Space and Natural Meeting Date August 9, 2018 Resources Preservation Fund Commission Location Mo`ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:00 p.m. End of Meeting: 2:33 p.m. Present Chair Shaylyn Kimura. Members: Dorothy Hayashi, Jett Jasper, Nancy Kanna, Karen Ono, Erica Taniguchi (Arrived 1: 01 p.m.) and Herman Texeira. Staff. Deputy County Attorney Jodi Higuchi-Sayegusa. Planning Department Staff. Deputy Planning Director Ka`aina Hull, Duke Nakamatsu and Nani Sadora. Office of Boards and Commissions Support Clerk Sandra Muragin. Excused Vice Chair Theodore Blake and Administrator Nicholas R. Courson Absent SUBJECT DISCUSSION ACTION Swearing in of Prior to the meeting being called to order, Administrative Assistant to the County Clerk Eddie Commissioner Topenio administered the Oath of Office to the new At -Large Commission appointee, Ms. Nancy Kanna, serving a first term ending 12/31/20. Call To Order Chair Kimura called the meeting to order at 1:00 p.m. Roll Call The meeting commenced with a roll call of the Commissioners. Six commissioners were present, which constituted a quorum. Approval of Deputy Planning Director Ka`aina Hull requested to amend and correct the following items Agenda listed on the agenda: change "Announcements" from A. to K., change "Next Meeting Date And Agenda Topics For Discussion" from B. to L., and change "Adjournment" from C. to M. Mr. Texeira moved to approve the agenda as amended. Ms. Commissioner Erica Taniguchi arrived. Ono seconded the motion. Motion carried 7:0. Minutes of the E.I. Meeting of July 12, 2018 Ms. Ono moved to approve the Meeting(s) of July 12, 2018, minutes as the Open Space circulated. Mr. Texeira Commission seconded the motion. Motion carried 7:0. Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session August 9, 2018 Page 2 SUBJECT DISCUSSION ACTION Receipt of Items There were no items to receive for the record. For The Record (None) Hearings and G.I. All remaining public testimony pursuant to HRS 92 (Sunshine Law). Public Comment Mr. Hull announced this agenda item is reserved for public testimony on any agenda item and seeing no one present from the public, he moved on to the next agenda item. Communication There were no communications. (None) Unfinished I.1. Update and discussion of the Commission's work plan/timeline of events and activities through 2018. Business (For Action) Mr. Hull said supplemental reports were provided under New Business and it would be discussed at that time. He shared with the Commission that back in May the County Council approved the use of Open Space funds for the acquisition of two different sites; one of which was the Commission's recommendation of the Chinese Cemetery parcel. Although the County Council approved $599,000 to purchase this site, the appraisal came in at $550,000, and the Planning Department and County Attorney's Office is in negotiations with the landowner to acquire the property at the appraised cost. Mr. Hull said the second site approved by the County Council was the parcel adjacent to Black Pot Beach Park for $5.6 million, and the County Attorney's Office is in active negotiations with this landowner as well. He said although the Commission advised Council that it was a good acquisition and proposed that Open Space funds be used for half the purchase price, Council approved the use of Open Space funds for the entire amount. Mr. Hull said the Open Space fund balance is currently $6.8 million, and within the next two months, the purchase of those two parcels could decrease the balance to approximately $600,000. He shared that the County Council adopted Councilmember Kawakami's tax increase on transient vacation rentals. Mr. Kawakami originally requested a $2 increase, but it was reduced to a $1 increase per thousand dollars of value that would net the County an Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session August 9, 2018 Page 3 SUBJECT DISCUSSION ACTION additional $2 million, and from that increase, Mr. Kawakami allocated a percentage to replenish the Open Space fund. Mr. Hull said hopefully by the next meeting they will be able to share an estimated amount of those additional funds so the Commission has a better understanding of what they will be working with. He said Councilmember Kagawa relayed to the Commission to continue to transmit recommendations to Council even though the purchase price exceeds their fund balance. If Council agrees with the proposal, they would look at other ways to fund those acquisitions. Chair Kimura asked Mr. Hull if Council discussed the Commission's request to increase the Open Space fund allocation back up to 1.5%. Mr. Hull said there was no discussion about increasing the percentage, only replenishing the fund. Chair Kimura shared that on behalf of the Commission, they transmitted this request to Council and was disappointed that there was no discussion on it. Mr. Hull said the letter was received for the record; however, Council decided to only address the first part which included the $5.6 million parcel and not the second part that focused on the percentage increase. Ms. Hayashi said they should aggressively pursue this next year because Council has prioritized the allocation of funds for other purposes and has overlooked funding Open Space. Mr. Hull said the Commission could have a better chance of increasing the percentage to 1.5% now that Council used the bulk of their funds to acquire this property. Mr. Texeira inquired if the request should be addressed to a Council Committee to which Mr. Hull said all communications are first received by the entire Council body and then referred to the applicable committees. He said it would most likely be sent to Mason Chock, Chair of the Planning Committee, and Arryl Kaneshiro, Chair of the Finance Committee. The Commission discussed the possibility of sending a representative to meet with those Chairs or invite them to a meeting. Mr. Hull said the Department, as well as the Attorney's Office, would caution any commissioner from speaking on behalf of the Open Space Commission; that they carefully convey and articulate the interest of the entire Commission and not their individual opinions. Chair Kimura felt it was important that the Commission strategize and prepare for a discussion on the 1.5% allocation issue with Council. She requested this be placed on the Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session August 9, 2018 Page 4 SUBJECT DISCUSSION ACTION November agenda and either meet with Council or send a written communication to Council. Mr. Hull informed the Commission to be prepared to answer "why" and organize a list of potential acquisitions that would require funds that they do not have. Mr. Hull asked for a Ms. Kanna moved to receive motion to receive the update. the updates. Mr. Texeira seconded the motion. Deputy County Attorney Jodi Higuchi-Sayegusa said a motion was not required to receive (no vote was taken) updates and suggestions. Chair Kimura did not call for the vote and moved to the next agenda item. New Business J.1. 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. (Preliminary report (For Action) 4/12/18) a. Supplemental report pertaining to this matter. Commissioner Herman Texeira left the meeting. Mr. Hull read portions of Supplemental #1 Preliminary Report dated April 12, 2018, for the record (on file with the Planning Department). Mr. Hull confessed that the two Kalihiwai properties unintentionally fell to the wayside due to the April floods in which 26 of the Department's 30 staff members were activated and worked 70- to 80-hour shifts a week. He said once it was discovered, Ms. Sadora immediately sent a letter to the landowner earlier this month; however, they have not received a response. He apologized for the accidental mishap. Ms. Hayashi shared that the work of Open Space is very important and she thought that Ms. Sadora was a designated Open Space Planner. Commissioner Herman Texeira returned. Mr. Hull replied that for years Ms. Sadora specifically served Open Space; however, with the reduction in allocation and depletion of funds, it could no longer support an Open Space Planner salary. He said 5% of the fund balance is allocated for administrative purposes and Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session August 9, 2018 Page 5 SUBJECT DISCUSSION ACTION that would not be sufficient to support a full-time Open Space Planner. Her position was adjusted to also support the work of the Long Range Division. Chair Kimura requested a status report on those two parcels at next month's meeting and directed the Department to contact Sean Combs, the representative for Princeville Development, by phone if they do not receive a response before they post next month's agenda. She described a sense of urgency is necessary to preserve the most pristine white sand beach that is a favorite amongst local families and has significant historical and cultural value. Mr. Hull resolved to have Ms. Sadora contact Mr. Combs tomorrow and asked for a Ms. Ono moved to receive motion to receive. Supplemental #1 Preliminary Report dated April 12, 2018, for TMK: (4) 5-3-003:068 and requested a status report at a future meeting. Ms. Kanna The Commission clarified with Ms. Higuchi-Sayegusa that they would prefer to leave the seconded the motion. motion as "receive" and request a status report at a future meeting. With no further discussion, Chair Kimura called for the question. Motion carried 7:0. J.2. Review and discussion of a 1 acre parcel located in Kalihiwai, Kalihiwai Ahupuaa, Halalea Moku, further identified as Tax Map Key (TMK) (4) 5-3-003:029. (Preliminary report 4/12/18 a. Supplemental report pertaining to this matter. Mr. Hull read portions of the Supplemental #1 Preliminary Report dated April 12, 2018, for the record (on file with the Planning Department). Mr. Hull said because the property was owned by the State of Hawaii, it could not be acquired with County funds; it could only be acquired by an Executive Order. Ms. Ono felt that a good strategy to obtain both parcels would be if the Commission Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session August 9, 2018 Page 6 SUBJECT DISCUSSION ACTION purchased the previous property first, then maybe that would incline the State of Hawaii to agree with a potential Executive Order. Chair Kimura said the parcel was important because it contained the only available parking. She proposed the Commission seek to acquire both parcels around the same time and inquired about initiating an Executive Order process. Ms. Higuchi-Sayegusa said she wasn't aware of a set process, but it would first be reviewed by the County Attorney. Mr. Hull added that the Commission would send an official action letter to the Mayor's Office and they would enter into discussions with the State of Hawaii. Chair Kimura inquired if every potential acquisition required a management plan or if it could just be to preserve open space and prevent private ownership from development and potential elimination of public access to the beach and waterways. Mr. Hull explained that the Open Space rules, ordinance or charter does not require an actual plan; the County Council wanted this information before they expended funds. He suggested they stipulate that purchase is for conservation only and to preserve the natural landscape from being developed. The Commission felt it would be best to start the Executive Order process on this parcel. Ms. Taniguchi was shocked that these properties could be privately owned and access could be blocked. She urged the Commission to preserve this area because many local families utilize Mr. Texeira moved to receive these beaches. Supplemental #1 Preliminary Report dated April 12, 2018, for TMK: (4) 5-3-003:029 and authorized the Department to draft a letter that would be signed by Chair Kimura to the Administration for an Executive Order. Ms. Ono Mr. Hull explained that the recommendation is for "denial" and the motion is to receive, seconded the motion. which is not a denial, and what would happen is the report would return to the Commission for denial. He said the Commission had three actions they could use: "Approve," "Approve the Expedited Process," or "Deny." Mr. Hull stated that the Open Space rules stipulated that the Department had 60 days to complete a report on a recommendation for acquisition. If the Commission did not take the expedited process, the Department would transmit the report to Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session August 9, 2018 Page 7 SUBJECT DISCUSSION ACTION the Commission in April of their biennial year for final action. Ms. Higuchi-Sayegusa believed that the report did not belong on the acquisition list because it would not use Open Space funds to acquire, and the purpose of the list was to transmit potential acquisitions to Council. Mr. Hull was concerned with taking reports off the list without the consent of the Commission and would leave it on the list until the Commission took action to deny. Chair Kimura commented that this denial is because it would not go through acquisition using Open Space funds; however, it is still a priority for the Commission. With no further discussion, Chair Kimura called for the question. Motion carried 7:0. J.3. Update on 0.2764 acre parcel located in Hanapepe, Hanapepe Ahupuaa, Kona Moku, further identified as Tax Map Key (TMK) (4) 1-8-008:065. (Preliminary report received 2/8/18, Supplemental report No. 1 received 4/12/18) a. Supplemental report No. 2 pertaining to this matter. Mr. Hull read portions of Supplemental #2 Preliminary Report dated April 12, 2018, for the record (on file with the Planning Department). Commissioner Herman Texeira left the meeting. Mr. Hull shared that the Department met with the willing landowner and they are open for negotiations. Commissioner Herman Texeira returned. He said an appraisal was completed; however, the Commission was not in negotiations with the landowner and that the County Council was the only body who had the authority to approve the acquisition. Mr. Hull suggested the Commission take a short recess after it was discovered that the appraisal was not included with their packet. Chair Kimura called for a recess at 2:10 p.m. Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session August 9, 2018 Page 8 SUBJECT DISCUSSION ACTION Chair Kimura called the meeting back to order at 2:20 p.m. Mr. Duke Nakamatsu passed out copies of the appraisal report from Kauai Valuation dated 5/21/18. Mr. Hull said the landowners requested the Department acquire an appraisal first, and appraisals for both properties came in very close to the assessed and market value. He Ms. Hayashi moved to receive said the property is on the tentative approval list and the Department would require a motion the Supplemental #2 to receive. Preliminary Report dated April 12, 2018, for TMK: (4) 1-8- 008:065. Ms. Ono seconded the motion. Motion carried 7:0. J.4. Update on 0.2867 acre parcel located in Hanapepe, Hanapepe Ahupuaa, Kona Moku, further identified as Tax Map Key (TMK) (4) 1-8-008:071. (Preliminary report received 2/8/18, Supplemental report No. 1 received 4/12/18) a. Supplemental report No. 2 pertaining to this matter. Mr. Hull omitted reading Supplemental #2 Preliminary Report dated April 12, 2018 (on file with the Planning Department). He said the report was virtually identical, with the exception Ms. Ono moved to receive the of the tax map key, to the previous one. Supplemental #2 Preliminary Report dated April 12, 2018, for TMK: (4) 1-8-008:071. Ms. Hayashi seconded the motion. Motion carried 7:0. Announcements There were no Announcements. Next Meeting Next scheduled meeting date is September 13, 2018, at 1:00 p.m. Date and Agenda Topics Mr. Texeira inquired about a discussion on meeting earlier in the day and asked for an update for Discussion to which Mr. Hull replied that he would check with Ms. Sadora. Mr. Hull said J.1. and J.2. would be placed on the September agenda. He also shared that the Public Access, Open Space & Natural Resources Preservation Fund Commission Open Session August 9, 2018 Page 9 SUBJECT DISCUSSION ACTION County booth at the County Farm Fair would receive input from the public regarding recommended acquisitions for Open Space. Ms. Kimura asked if Ms. Sadora could provide the tentative schedule of community meetings for the Commission to attend. Mr. Hull said the Department has officially launched the West Kauai Community Development Plan Update. The Long Range team, which included Ms. Sadora, will spend an enormous amount of time out on the west side for the next 12 months. Adjournment With no objections, Chair Kimura adjourned the meeting at 2:33 p.m. Submitted by: .4" andra M. Muragin, Commission Support Clerk ( X ) Approved as circulated. 10/11/18 ( ) Approved with amendments. See minutes of meeting. Reviewed and Approved by: Shaylyn Kimura, Chair