Loading...
HomeMy WebLinkAbout2019-1-10OpenSpaceMinutesApprovedCOUNTY OF KAUA-I Minutes ofMeeting OPEN SESSION Board/Commission:Public Access,Open Space and Natural Resources Preservation Fund Commission Meeting Date January 10,2019 Location Mo'ikeha Building -Meeting Room 2A/2B StartofMeeting:1:04 p.m.End ofMeeting:2:56 p.m. Present Chair Karen Ono.Vice Chair Shaylyn Kimura.Members:Theodore Blake (arrived 1:08 p.m.),Dorothy Hayashi (arrived 1:25 p.m.), Nancy Kanna,Erica Taniguchi and Herman Texeira. Planning Dqiartment Staff:Plarming Director Ka'aina Hull (left 1:43 p.m.),Deputy Planning Director Jodi Higuchi-Sayegusa,Duke Nakamatsu and Nani Sadora.First Deputy County Attomey Nicholas Courson.Office ofBoards and Commissions:Administrator EIlen Ching,Administrative Specialist Anela Segreti and Commission Support Clerk Sandra Muragin. Excused Commissioner Jett Jasper. Absent SUBJECT DISCUSSION ACTION Prior to the meeting being called to order,Administrative Assistant to the County Clerk Eddie Topenio administered the Oath ofOffice to LThu'e/Hanama'ulu Mayoral appointee, Commissioner Karen Ono serving a second tenn ending 12/31/21. Call To Order Chair Pro Tem Kimura called the meeting to order at 1:08 p.m. RoU Call The meeting cominenced with a roll call ofthe Commissioners.Five Commissioners were present,which constituted a quorum. Selection of Chair and Vice Chair Planning Director Ka'aina Hull opened the floor for nominations for Chair. *Mr.Texeira nominated Ms.Ono. Mr.Texeira moved to close nominations for Chair.Ms. Kanna seconded the motion. Motion carried 5:0. Mr.Texeira moved to select Ms.Ono for Chair.Ms.Kanna Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session Januaryl0,2019 Page2 SUBJECT DISCUSSION ACTION Mr.Hull opened the floor for nominations for Vice Chair. •Ms.Kanna nominated Ms.Kimura. Commissioner Blake arrived. seconded the motion.Motion carried 5:0. Ms.Kanna moved to close the nominations for Vice Chair. Ms.Kimura seconded the motion.Motion carried 6:0. Ms.Kanna moved to select Ms.Kimura for Vice Chair. Mr.Texeira seconded the motion.Motion carried 6:0. Approval of Agenda Mr.Hull notified the Commission that he needed to leave early to attend the West Kaua'i Community Plan meeting and requested to amend the agenda and move New Business J.2.to discuss afler H.Communication. Ms.Kimura moved to approve the agenda,as amended.Mr. Texeira seconded the motion. Motion carried 6:0. Minutes of the Meeting(s)of the Open Space Commission E.l.Meeting mmutes ofNpvember 8,2018 Ms.Kanna moved to approve the November 8,2018,minutes as circulated.Ms.Taniguchi seconded the motion.Motion carried 6:0. Receipt of Items For The Record (None) There were no items to receive for the record. Hearings and Public Comment G.l.All remaining public testimony pursuant to HRS 92 (Sunshine Law). Seeing no one,Mr.Hull moved on to the next agenda item. Communication (For Action) (None) There were no coimnunications. Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session Januaryl0,2019 Page3 SUBJECT DISCUSSION ACTION New Business (For Action) J.2.Bill for an ordinance amending Chapter 6,Article 14,Kaua'i Countv Code 1987.as amended,relating tp the Public Access,Open Space,and Natural Resources Preservation Fund. Mr.Hull said this was the only Charter Amendment that the constituency voted in favor for at the November 6,2018 General Election.They reviewed the proposed Ordinance that included the amendments,which were underscored in Section 6-14.1 Purpose (a)"and anv corresponding imurovements ofthose lands or propertv entitlements";(c)"The moneys in this fiind may also be used to improve public pedestrian access to coastal areas";and (d)"Ani balance_remaimng in this Fund at the end of any fiscal year shall not lapse,but shall remain in the fund,accumulating from year to year.The moneys in this Fund shall not be used for any purpose except those listed in this section."He said with the Commission's approval,in order to effectuate fhe amendments,an Ordinance would be transmitted to the County Council for review and action. Mr.Blake asked for an explanation ofSection (b)and ifthe language could be changed.Mr. Hull said Section (b)is already part ofthe Ordinance and the only changes being proposed are the underscored sections.First Deputy County Attomey Nicholas Courson explained that Section 3.13 is creation ofa general debt,3.14 is creation ofa special assessment debt and 3.15 is revenue bond indebtedness.Mr.Courson saidthatiftheCountyusedbonds to fimd a project outlined in paragraph (a)(1)to (9),the moneys in this fund could be used to pay the interests,principle and premiums on those bonds.Mr.Hull explained that the purpose ofthe proposed Ordinance is to allow the Commission the ability to review and fund improvements. He asked the Comfflission that ifthey want to look into amending other sections ofthe Ordinance he suggested it be done separately so it doesn't delay the process. Ms.Kimura addressed Section (c)and said she had two questions.She asked ifthe extremely simple language used was intentional,to which Mr.Hull said "yes."Mr.Hull said once County Council approves the Ordinance,the third step would be to amend their rules;which would be written.in more detail and contain perimeters on what improvements can be Public Access,Open Space &Natiral Resources Preservation Fund Commission Open Session January 10,2019 Page4 SUBJECT DISCUSSION ACTION reviewed and recommended to the County Council.Ms.Kimura said her second question was more ofa concem for the lack oflanguage that defined the word "improve"and it should contain "to include and to exclude the following."Mr.Hull said the Commission would have the opportunity to define "improve"in their rules and dictate what improvements move up for County Council review.Mr.Hull offered to provide a proposal for Section (c)that would include the definition ofwhat improvements can be considered and also define what improvements camiot be considered.He said in previous discussions the two primary issues with existing coastal accesses are that many are not demarcated and trails not properly maintained. Commissioner Hayashi arrived. The Ordinance and changing offhe rules would allow the Commission to review the most popular accesses and begin witb installation ofpermanent demareation signs.Ms.Kimura said she was more concemed with how the County Council interprets "improve"and felt the Commission owed the public a clearer definition.Mr.Hull said the Department would take the Commissions advice and submit it back for review and action. Mr.Texeira pointed out that the one and a halfpercent (1.5%)was not included in Section (a). Mr.Hull said that was previously transmitted to the County Council and they decided to not consider that proposal.Mr.Hull strongly recommended that ifthe Coinmission wanted to pursue that again,it should be placed on a separate transmittal due to the tight budget constraints.He didn't want to risk tying up this Ordinance.Mr.Texeira and Ms.Hayashi recommended the Dqiartment inquire with the County Council their position and views ofthe priorities ofthe Open Space Commission.Mr.Hull said the Department would provide draft language for the 1.5%increase on a separate Ordinance for the Commission to review at their February meeting. Ms.Kimura moved to defer item J.2.to the February meeting per the Commission's recommendation to define improvements in Section (c)of Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session Januaryl0,2019 Page5 SUBJECT DISCUSSION ACTION Mr.Hull handed the seat over to Deputy Planning Director Jodi Higuchi-Sayegusa,to attend the West Kaua'i Community Plan Advisory Committee meeting.He conveyed to Commissioner Blake and Commissioner Hayashi his sincere appreciation for their time and enjoyed working with them. Afr.Hull left the meeting. the proposed Ordinance and to provide a sqparate Ordinance to increase the appropriation of funds to 1.5%.Ms.Kanna seconded the motion.Motion carried 7:0. Unfinished Business (For Action) 1.1.Review and discussionofa 1.15 acre parcel located in Kalihiwai.Kalihiwai Ahupuaa. Halalea Moku.further identified as_Tax_Map Key (TMK)(4)5-3-003:068,(Preliminarv report 4/12/18;Supplemental report No.1 received 8/09/18;Supplemental reDort No.2 received 10/11/18) a.Supplemental report No.3 pertaining to this matter. Ms.Sadora said due to the Commission not having a December meeting the Supplemental report No.4 should be No.3.She reminded the Commission that this was the property closest to the river and owned by Princeville Development,LLC.Ms.Sadora read portions of Supplemental Report No.3 for the record.(Document onfile) Mr.Blake inquired ifthe parcel was suitable for building any type ofstructure since it floods often and was susceptible to tidal waves.Ms.Higuchi-Sayegusa stated they did not have that infomiation but they could research and present that information,as well as obtain a copy of the landowner's appraisal.Mr.Texeira asked the Department to negotiate a price that was closer to the assessed value and change its recommendation from "Denied"to "Defer."Ms. Sadora stated that the landowner was firm on their price;however,they were open to negotiations ifthe County offered tax advantages or other options that would benefit them. Ms.Hayashi suggested the County change their tax assessment to their appraisal price in order Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session January 10,2019 Page6 SUBJECT DISCUSSION ACTION to level the negotiation field.Ms.Kanna asked for a water table/flood map ofthe area in order to visualize any building possibilities.After listening to the Commission,Ms.Sadora suggested the Dqiartment write a supplemental report and include how the County assesses property values,as well as more information on the possible development ofthe property. Ms.Kimura pointed out that Open Space does not have the funds to pursue this parcel and that access does exist with the neighboring State ofHawai'i property.She also asked the Department to pursue an Executive Order for the State property. Ms.Higuchi-Sayegusa summed up the Commission's request for a deferral based on the Department providing a Supplemental Report with the following information; 1.Possible development of area based on zoning. 2.Watertable/floodmap ofthearea. 3.Basis for real property assessment. 4.Possible Executive Order for the State ofHawai'i property.Ms.Kanna moved to defer Tax Map Key (TMK)(4)5-3- 003:068 and requested an additional Supplemental Report from the Department. Mr.Blake seconded the motion.Motion carried 7:0. New Business (For Action) J.l.Review and discussion regarding access to Lawa'i Kai (Allerton's)Koloa. Mr.Blake gave an overview on the history and negotiations that he has had with Kukui'ula and the National Tropical Botanical Gardens (NTBG)former Director and ChiefExecutive Officer Charles Chipper"Wichman,Jr.He explained the paved road from £he end of spouting hom to Allerton's gate is public property and that the property from Allerton's gate to Lawa'i Kai is Kukui'ula's property.According to Mr.Blake,Kiikui'ula has already agreed to allow a right ofaccess.He urged the Chair and Deputy Director to meet with NTBG's new ChiefExecutive Officer Janet Mayfield and reach an agreement to seciire a Lawa'i Kai beach pedestrian access. Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session January 10,2019 Page7 SUBJECT DISCUSSION ACTION After a lengthy discussion,Ms.Higuchi-Sayegusa summed up the Commission's request as follows; 1.Secure a legal safe pedestrian access to Lawa'i Kai beach. 2.Resolve cost ofrepairs to property. 3.Install compost toilets at Lawa'i Kai beach. Ms.Kimura suggested the Department prepare for the meeting with a list oftalking points and checklist ofitems to cover.Mr.Blake volunteered to provide the outline and forward it to Ms.Higuchi-Sayegusa. Ms.Sadora said Mr.Blake has pursued this separately from the Commission and was the only one that was part ofthe communication with Mr.Wichman.She gathered from the discussion that the Commission wants to move forward as follows; 1.Continue communications with NTBG to acquire access. 2.Agree to a purchase price. 3.Seciire a safe legal pedestrian access to Lawa'i Kai beach. 4.Installation ofcompost toilets at Lawa'i Kai beach. 5.Resolve maintenance issues with the pedestrian path. Ms.Kimura requested that Ms.Sadora be included in the meeting. Mr.Texeira moved to approve the Director ofPlanning,Chair Ono and Commissioner Blake to request a meeting with NTBG to discuss Lawa'i Kai (Allerton's)beach access consideration. Ms.Kanna seconded the motion.Motion can-ied 7:0. Announceinents Ms.Sadora shared that the schedule for the West Kaua'i Community Plan meetings for Heritage Resources Public Workshop will be held as follows and encoiiraged the Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session January 10,2019 Page8 Submitted by: /Sandra M.Muragin,Commission Support Clerk Reviewed and Approved by: Karen Ono,Chair (X)Approved as circulated.02/14/19 ()Approved with amendments.See minutes of meeting. SUBJECT DISCUSSION ACTION Commissioner's to attend; 1.Wednesday,January 23rd,5-7:00 p.m.,at the Hanapepe Library 2.Thursday,January24th,5-7:00 p.m.,at Kekaha Neighborhood Center. Next Meeting Date and Agenda Topics for Discussion Next scheduled meeting date is Thursday,Febmary 14,2019,at 1:00 p.m. Ms.Higuchi-Sayegusa asked for any February agenda topics. 1.TMK.(4)5-3-003:068 1.151.15 acreparcel located inKalihiwai 2.Ordinance amending Chapter 6,Article 14,Kaua'i County Code 1987,as amended, relating to the Public Access,Open Space,and Natural Resources Preservation Fund. 3.Update on meeting with NTBG on access to Lawa'i Kai (Allerton's)beach. 4.Update on the two Hanapepe properties. 5.Update on Kekaha property. 6.Map of all the current County accesses on Kaua'i. 7.Strategize on how to communicate with the Coimty Council the Commissions priorities and feel out the Council's position or views ofthe Open Space Commission. 8.The Commission expressed the desire to form its own relationship with the County Council instead ofgoing through the Deputy Planning Director or Planning Director. Adjournment Mr.Texeira moved to adjoum the meeting at 2:56 p.m.Ms. Kaima seconded the motion. Motion carried 7:0.