HomeMy WebLinkAbout 04/22/2015 Public hearing transcript on BILL#2585 PUBLIC HEARING
APRIL 22, 2015
A public hearing of the Council of the County of Kaua`i was called to order by
Mason K. Chock, Chair, Planning Committee, on Wednesday, April 22, 2015, at
1:51 p.m., at the Council Chambers, 4396 Rice Street, Suite 201, Historic County
Building, Lihu`e, and the presence of the following was noted:
Honorable Mason K. Chock
Honorable Ross Kagawa
Honorable Arryl Kaneshiro
Honorable KipuKai Kuali`i
Honorable JoAnn A. Yukimura
Excused: Honorable Gary L. Hooser
Honorable Mel Rapozo
The Clerk read the notice of the public hearing on'the following:
"Bill No. 2585—A BILL FOR AN ORDINANCE AMENDING CHAPTER
6, ARTICLE 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES
PRESERVATION FUND,"
which was passed on first reading and ordered to print by the Council of the
County of Kaua`i on March 25, 2015, and published in The Garden Island newspaper
on April 7, 2015.
The following communications were received for the record:
1. Blaich, Beryl, dated April 22, 2015
2. Freeman, Margery, dated April 21, 2015
3. Goodwin, Michael, dated April 22, 2015
4. Hong, Lea, (undated)
5. Kashiwaeda, Suzanne, dated April 21, 2015
6. Kawahara, Dawn, dated April 21, 2015
7. Smith, Annick, dated April 21, 2015
8. Peters, Greg, dated April 15, 2015
9. Waxman, Rich, dated April 20, 2015 (11:34 a.m.)
10.Waxman, Rich, dated April 20, 2015 (11:50 a.m.)
Committee Chair Chock: Do we have anyone signed up to testify?
Ms. Fountain-Tanigawa: Yes, Committee Chair, we have three (3)
registered speakers. The first registered speaker is Rupert Rowe, followed by Tessie
Kinnaman.
RUPERT ROWE: Good afternoon Councilmembers. I am here
to talk about the Open Space revenue. I believe the time has come for us to really look
at what is happening on the South Side of Po`ipii. I think the property should be
looked at very seriously on the County taking over that Nukumoi parcel, so everybody
PUBLIC HEARING 2 APRIL 22, 2015
BILL NO. 2585
can be on the same page and I think it will be a good educational, cultural, and
interpretive center — the Nukumoi Surf Shop. I believe there are hurricane debris
that is filled on the County side, I believe, illegal grubbing took place in that area,
but time has passed. It is just a memory. Right now, the County should be focused
on really going after Nukumoi. As a nonprofit group, the doors of that area is open
for our economic culture to make this island become known worldwide for this
particular area. I believe there are no plans in this area where the County really
looked at it, but in my master plan which can be at Kaneiolouma.org, you can see the
layout on what we predict to happen. We are on a timeframe on the phases that we
went through, so the last part of this phase is to go after Nukumoi with the Open
Space money. That is from me, the po o, of Kaneiolouma.
Committee Chair Chock: Mr. Rowe, the item is about limiting the Open
Space to one-half of one percent (0.5%), so are you saying you are in favor of this Bill
or against it.
Mr. Rowe: I am against taking the cut because the
general public, that is their resource to go after a property like Kaneiolouma.
Committee Chair Chock: Okay, thank you. Do you have a question?
Councilmember Yukimura.
Councilmember Yukimura: Rupert, thank you for being here. We all
know that you have this incredible vision, which you have proceeded to implement
over the last few years with the help of Randy, the community, and many others, and
I really appreciate your leadership. I hear you saying that this should be one of the
purchases from the Open Space Fund, and I just wondered if you know approximately
what amount would be needed for it.
Mr. Rowe: I think two and a half (2.5) years ago it was
appraised at —two and a half million dollars ($2,500,000).
Councilmember Yukimura: That was two and a half (2.5) years ago, so
ballpark, probably three million dollars to five million dollars ($3,000,000 -
$5,000,000) at this time.
Mr. Rowe: Maybe three million dollars to four million
dollars ($3,000,000 - $4,000,000).
Councilmember Yukimura: Okay. Thank you very much.
Committee Chair Chock: Thank you. Next speaker please.
Ms. Fountain-Tanigawa: The next speaker is Tessie Kinnaman,
followed by Jennifer Luck.
TESSIE KINNAMAN: Good afternoon. I am in full support of this
Council to not approve Bill No. 2585...please do not approve this Bill. Let me justify
that by saying that when the Fund was down to .5%, it took a long time for that Fund
to be built up — it took about six (6) or seven (7) years, or five (5) or six (6) years to
even get up to one point five million dollars ($1,500,000). With the Black Pot
purchase in 2010 or 2011, the Fund dropped back down right back to three hundred
thousand dollars ($300,000), it is like we are starting over again. Since the approval
PUBLIC HEARING 3 APRIL 22, 2015
BILL NO. 2585
of the one point five percent (1.5%), I think, the Fund has really built up to a nice
amount. The Public Access, Open Space & Natural Resources Preservation Fund
Commission has recommended a Hoban purchase or condemnation. The landowner
wants six hundred and sixty thousand dollars ($660,000) for a 10x60 strip of land
which our drainage is located on. If we do go through condemnation, the appraisal
was a hundred and thirteen thousand dollars ($113,000), so it all depends on which
route the County wants to take. This proposal has been on the Mayor's desk for quite
a few months now, and I have been waiting since 2005, 2006, 2007 for something like
this to happen. I remember attending one of the Open Space Committee Meetings
maybe three (3) months ago, and when the Planning Director was talking about
budget cuts and this and that. I remember him saying, it blew me away when he said,
"Money in the fund, use it or lose it." I do not want to lose this...I mean we have
money in there to spend that is the purpose for the Open Space Commission to make
recommendations to the Council. I mean, supposedly they sent the recommendation
to the Council, I do not know whose desk it is on, but you just need to keep it at that
(1.5%) which is better than going back because you can purchase more with a larger
percentage because land is not cheap. Mahalo.
Committee Chair Chock: Thank you.
Ms. Fountain-Tanigawa: The next speaker is Jennifer Luck.
JENNIFER LUCK: Good afternoon. I am the Kaua`i Island
Director of the Hawaiian Island's Lands Trust. I appreciate the opportunity to come
before you. The Hawaiian Island's Lands Trust is a nonprofit land conservation
organization with more than seventeen thousand (17,000) acres under protection
statewide. I am here to testify in opposition to Bill No. 2585, which would reduce the
annual percentage of property tax revenue that goes into the Open Space Fund from
one and a half percent (1.5%) to the minimum of one-half percent (0.5%) that was
when the Fund began in 2004. At that level, it would take four (4) years to amass
one million dollars ($1,000,000). According to a recent article in The Garden Island
newspaper, when compared to the same time last year, the median sales price for
homes in the Hanalei district, which stretches from Moloa'a to Ha`ena, jumped from
five hundred and sixty thousand to one million three hundred and two thousand and
five hundred, an estimated hundred and thirty-two percent (132%) hike. With home
and land prices increasing each year, reducing the Fund to a half of a percent would
make it extremely difficult to accumulate enough money to use the Fund as it was
intended. When the public voted overwhelming in favor of increasing the percentage
of property tax going into the Open Space Fund, they did so because they realized
that in order for the Fund to be viable, to achieve its mission, the County would need
to increase the amount going into the Fund each year, so that over time it could
accumulate enough money to purchase increasingly expensive lands. Today is Earth
Day, and so in closing I would like to share a quote from Gaylord Nelson, the founder
of Earth Day, "The most important environmental issue is one that is rarely
mentioned, and that is a lack of a conservation method in our culture." I respectfully
urge each of you to prioritize conservation to continue to place one and a half percent
of property tax revenue in the Fund so that it may amass enough funding to achieve
its mission of saving those places most cherished by residents. Those places that are
lost forever would change the culture and feel of our island. Thank you.
Ms. Fountain-Tanigawa: The next speaker is Kalanikumai `O Na Ali`i
Hanohano.
PUBLIC HEARING 4 APRIL 22, 2015
BILL NO. 2585
KALANIKUMAI `0 NA ALI`I HANOHANO: Aloha and good afternoon. Most
people know me as Branch Harmony. I just got wind of this two (2) nights ago in an
E-mail and I am very concerned. You cannot do this. It is a bad thought. It is a bad
thing to do. We have worked so hard to try to get funds for open space. The community
for years worked on trying to do this back when Donald Cataluna first became OHA
(Office of Hawaiian Affairs) trustee and became the commissioner of the OHA land
acquisition board. We talked about the south shore, Maha'ulepu. The money was too
much to purchase it, but we got the idea going. There are many projects. I do not want
to talk about the individual projects. I want to talk about the audacity of proposing
to take away the money that was approved, put in for the future for the descendants
to come for open space on our island. I have the dream of the Haupu Ridge preserve,
putting K-ipnkai, Maha`ulepu all together into a...like the Na Pali, an open space of
the south shore and the westside. We are dependent upon this. The land is chief to
the man. You can tax and reduce what goes to the individual and they can prosper
and do it again, you cannot take away from the land. Mahalo.
Committee Chair Chock: Mahalo. Is that the last of our speakers?
Would anyone else like the testify on this item?
MARGE FREEMAN: I think you have a copy of my testimony. I
would like to read it for the record. It is hard to believe that the Mayor is again trying
to raid the open space fund. The fund is supposed to set aside one point five percent
(1.5%) of taxes to be used to acquire important lands, accesses, coastal areas, and
other areas for public use. There is nothing in the original Bill that allows for the
money to be used to balance the budget. Even raiding the Fund for one or two years
is an assault on the way the original Bill was worded and on the general public. Bill
No. 2585 is a travesty and should not be passed. Please stand up for the public and
vote no.
MATTHEW BERNABE: I am not going to support Bill No. 2585. I feel
that we should increase open space whenever and however we can. For watershed
purposes, just recently the Supreme Court ruled on the bottle issue about the County
has an obligation for riparian water. This is a perfect way to go in and get from the
State and private owners and revitalize our flume and reservoir system. Second, we
need real agriculture. If we can increase whatever we can, even if it is to allow
students to farm some of these open spaces, something like what they have on O`ahu
because farming is something that kids can legally work at that is not in breach of
child labor laws. Cultural preservation, enough said, I do not even have to go there,
right, whenever we possibly could save a cultural site, it is a bonus. That is better
for our tourism industry too because they are coming here for that. Community
usages, Oahu is expensive...you know some of these places are our playground. I do
not know what the exact areas are, but we have to remember, we want to gain as
much as we can. The ditch land, to me, is the biggest one. If I was going to try to use
water for open space, anything out of whatever is in there, I would try to get this ditch
lines back on track. As far as I am concern that would be a really good open space
project for the island of Kaua`i because it would not cost so much money. We can get
water to farmers, if we did that. Erosion, on top of that, Kaua`i is the second fastest
eroding spot on the planet. I do not know if you knew that. There is only a small
island in the Mediterranean, I believe, that is going faster than us. I do not support
this Bill and I think that we should increase the funding...not increase, but we should
try to get whatever we can— retain public land. Thank you.
PUBLIC HEARING 5 APRIL 22, 2015
BILL NO. 2585
Committee Chair Chock: Would anyone else like to testify? Seeing
none, that concludes the public hearing.
There being no further testimony on this matter, the public hearing adjourned
at 2:09 p.m.
'dl .ectfully submitted,
JAR . FOUNTAIN-TANIGAWA
Deputy County Clerk
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