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HomeMy WebLinkAbout2019-2-14OpenSpaceMinutesApprovedCOUNTY OF KAUA'I Minutes of Meeting OPEN SESSION Board/Commission:Public Access,Open Space and Natural Resources Preservation Fund Commission Meeting Date February 14,2019 Location Mo'ikeha Building -Meeting Room 2A/2B StartofMeeting:1:01 p.m.|End ofMeeting:3:31 p.m. Present Chair Karen Ono.Members:Theodore Blake,Dorothy Hayashi (left at 3:22 p.m.),Jett Jasper,Nancy Kanna,Erica Taniguchi and Herman Texeira. Planning Department Staff:Planning Director Ka'aina Hull,Deputy Plaiming Director Jodi Higuchi-Sayegusa (arrived at 1:03 p.m.), Duke Nakamatsu and Nani Sadora:First Deputy County Attomey Nicholas Courson.Office ofBoards and Commissions: Administrator Ellen Ching and Commission Support Clerk Sandra Muragin. Excused Vice Chair Shaylyn Kimura. Absent 'NS^'^^^-^S^^^^'^'^f/S^h^Wf ^ge^Si;^is3'Si ®K{^P^"S^^vS^^^^^S'5;is;: ;^%si%i?S5%ai^?K:i;'£;ii-fKff:^r;; ^;^{ ^^S^S^^^^^SSI®^^^^^@^®^teflSS^^M%^ti^^^^:^^®[^^i^^t^^^I^^^^'^%^^^ii^^%SM^^^^l SUBJECT DISCUSSION ACTION Call To Order Chair Ono called the meeting to orderat 1:01 p.m. Roll CaU The meeting commenced with a roll call ofthe Commissioners.Seven Commissioners were present,which constituted a quorum. Approval of Agenda Planning Director Ka'aina Hull requested to amend the agenda and move New Business 1.7. to discussbeforel.l. Mr.Texeira moved to approve the agenda,as amended.Ms. Kanna seconded the motion. Motion carried 7:0. Minutes of the Meeting(s)of the Open Space Commission D.1.Meeting minutes ofJanuary 10,2019.Mr.Blake moved to approve the January 10,2019,minutes as circulated.Ms.Taniguchi seconded the motion.Motion carried 7:0. Receipt of Iteins For The Record (None) There were no items to receive for the record. Hearings and F.1.All remaining public testimonv oursuant to HRS 92 (Sunshine Law). Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session February 14,2019 Page2 SUBJECT DISCUSSION ACTION PubUc Comment Seeing no one,Mr.Hull moved on to the next agenda item. Communication (For Action) (None) There were no communications. Unfmished Business H.l.Bill for an 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. Mr.Hull clarified that recent Charter Amendment that passed allows this fund be used for two reasons; 1.Improvements for acquisition. 2.Improvements for existing coastal accesses. Mr.Hull clarified the three part process; 1.Charter Amendment passed at the November 6,201 8 General Election. 2.Amend the Ordinance to reflect the Charter Amendment. 3.Amend Open Space Administrative Rules and Regulations. Mr.Hull said the next step is to amend the Open Space Ordinance now that the Charter Amendment passed at the November 6,2018 General Election.He said at the last meeting the Commission expressed concem with Section (c)The monevs in this fimd may also be used to improve nublic pedestrian access to coastal areas and the lack oflimitations on the expenditure ofthe fiind.The Department reviewed and looked at potential limitations that could be placed on coastal accesses and added the following to Section (c)Improvements to existing public uedestrian coastal accesses shall be limited to fencing.signage,demarcation and parking.However,the Department strongly recommended to the Commission that they do not adopt any limitations on fund expenditures or acquisitions.He said placing limitations could defeat the purpose ofthe acquisition because an area may be purchased for cultural preservation,heritage resources,recreatiqn;anarray ofdifferent purposes and it may limit Public Access,Open Space &Natural Resourees Preservation Fund Commission Open Session Febraary 14,2019 Page3 SUBJECT DISCUSSION ACTION what can be done to improve these potential parcels. Mr.Hull explained that the next agenda item is the possible fonnation of a PIG group to discuss these limitations. Mr.Blake asked if Open Space Commission approval was required before the County Council expends funds.Mr.Hull explained that the Charter and Ordinance regarding expenditures from these funds do not need to be approved by this Commission;however,it does require County Council approval.He offered that the Plamiing Department could research and suggest a proposal that the Open Space Commission review all proposals for acquisitions or expenditures. Ms.Kanna commented on the potential concem that Open Space may be expected to fund plaques and signage on other acquisitions or improvements.Mr.Hull stated this would not set a precedence and explained that initially this came about after the Commission was questioned on how they intended to maintain these accesses and properties.Mr.Hull said Open Space has acquired only two properties,Black Pot and the recent purchase ofthe Kekaha Cemetery. Mr.Hull asked for a deferral so the Department could draft additional language to include that the Open Space Commission review all proposals for acquisitions or expenditures. Mr.Blake moved to defer item H.1.Bill for an ordinance amending Chapter 6,Article 14,Kaua'i County Code 1987, as amended,relating to the Public Access,Open Space, and Nahiral Resources Preservation Fund to the March 14,2019 meeting.Mr. Texeira seconded the motion. Motion carried 7:0. Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session Febmary 14,2019 Page4 SUBJECT DISCUSSION ACTION New Business (For Action) 1.7.Possible formation of a permitted interaction group pursuant to Hawai'i Revised Statutes Section 92-2.5(b)(2)to review and discuss a Bill for an 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 and possible language to qualify the uses of the fiind for improvements. Mr.Hull explained that this was placed on the agenda in case the Commission desired to form a PIG to further discuss the limitations on the funds expenditure. Mr.Texeira moved to defer item 1.7.Possible formation of a permitted interaction group pursuant to Hawai'i Revised Statutes Section 92-2.5(b)(2)to review and discuss a Bill for an 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 and possible language to qualify the uses ofthe fund for improvements to the March 14, 2019meeting.Mr.Blake seconded the motion.Motion carried 7:0. Ll.Bill for an ordinance amending Chapter 6,Article 14,Kaua'i Countv Code 1987,as amended,relating to the Public Access.Open Space.and Natural Resources Preservation Fund to increase minimum annual appropriation ofcertified real propertv tax revenues ofone halfofone percent .05%)to one_and onehalfpCTcent (1^5%). Mr.Hull recommended the Commission defer this item until April when the budget process is Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session February 14,2019 Page5 SUBJECT DISCUSSION ACTION anticipated to be completed by the administration and finance team.Until that time the Department would not support the increase to 1.5%,as recommended by the Commission. Mr.Hull stated that ifthere was no surplus to cover the additional 1.0%the Coimty Council could ask the Commission what departments would be affected,what services could be cut,or what type oftax should be imposed in order to accommodate this request. Ms.Hayashi recalled that the County Council asked Open Space to give up the 1.0%because they needed the funds and didn't understand why it would be so difGcult to ask for the 1.0% back.Mr.Hull explained the County Council took the 1 .0%to make up for loss revenue and it was needed for services in other areas.He further explained that the reduction ofrevenue from the Transient Accommodation Tax that was capped by the State Legislature affected the County's revenue and the ability to balance the budget. The Commissioners talked at length and shared their views and opinions: 1.The County Council used Open Space funds without their consent to purchase the Black Pot parcel. 2.Reduced percentage from 1.5%to 0.5%. 3.Feel that their volunteer time on the Commission is unappreciated. 4.The impression is that Open Space is not a high priority.Strongly urge the County Couacil to place Open Space as a high priority. 5.They volunteer their time because they believe in Open Space and ifthis Commission is not validated there should be no Open Space Commission. 6.Want to pressure the Coimty Council to find out how they view the Open Space Commission. 7.Tourist are attracted to the island because ofthe open space. 8.Open space is important for thelocalpeople that live here and for future generations. 9.Open space sustains the island,culture,people and bospitality industry. 10.The fact is that the County always has funds and the distribution ofthese funds is if the department or service is a priority. Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session February 14,2019 Page 6 SUBJECT DISCUSSION ACTION Mr.Hull stated that the Commission could submit communication to the Mayor,the Administration and financial team to include a 1.5%allocation from the real property taxes to the Open Space fund.He said the Open Space Commission position is an advisory role in the funds and the County Council has the authority to approve expenditure offhese funds. Mr.Hull suggested the Chair or Commissioner's meet offline with the County Council to express their fhistrations and concems and Mr.Courson concurred that one or two Commissioners could meet with the County Council.Ms.Kanna volunteered to meet individually with each County Council member and establish a relationship with them;the Commission unanimously agreed. Mr.Hull stated he would send an email conveying this meetings discussion and focus on the 1.5%to the Mayor,Finance Director and Managing Director. Chair Ono called for the question. Mr.Blake moved to defer item 1.1.Bill for an 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 to increase minimum annual appropriation of certified real property tax revenues ofone halfofone percent (0.50%)to one and one halfpercent(1.5%).Ms. Hayashi seconded the motion. Motion carried 7:0. Mr.Texeira moved to approve the Department compose a letter to Mayor Kawakami, Director ofFinance and Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session Febmary 14,2019 Page7 SUBJECT DISCUSSION ACTION Managing Director summarizing the Commissions discussion and reinstate the 1.5%fund allocation and authorize Chair Ono to review and sign.Mr.Blake seconded the motion.Roll Call Vote 5:2 (Nay -Hayashi and Kanna) 1.2.Update and discussion regarding acquisition ofthe Hanapepe parcel further identified as Ms.Hayashi moved to receive item 1.2.Update and discussion Tax Map Key (TMK)_(4)1 -8-008:065. This is the front parcel that is closest to the road and where it was once occupied by a service station. 1.3.Update and discussion refiarding acquisition ofthe Hanapepe parcel further identified as Tax Mao Kev CTMK)(4)1-8-008:071. This is the back parcel,where the massacre occurred. Ms.Sadora shared that the last update on this was in November 2018 and since then the original contact retired.In December 2018 the new contact person responded that the County's appraisal was below the anticipated sales price that they expected.Ms.Sadora said she communicated back to them that ifthe sales price was higher,would they consider selling only the back parcel lot,where the massacre occurred.She said there were multiple unanswered phone calls and emails to the new contact person and to date,she has not received a response back.The only communication with the owners were the transmittal ofthe appraisal and the Planning Dqiartment report. The Commission speculated that the front parcel may contain oil contaminates since a service statiqn occupied that area and therefore there could be a possible negotiation ofthe price. Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session February 14,2019 Page8 SUBJECT DISCUSSION ACTION Chair Ono called for a recess at 2:36 p.m. Chair Ono called the meeting back to order at 2:46 p.m. regarding acquisition ofthe Hanapepe parcel further identified as Tax Map Key (TMK)(4)1-8-008:065. and 1.3.Update and discussion regarding acquisition ofthe Hanapepe parcel further identified as Tax Map Key (TMK)(4)1-8-008:071.Ms. Kanna seconded the motion. Motion carried 7:0. IA Update and discussion regarding acciuisition ofthe Kekaha oarcel further identified as Ms.Kanna moved to receive item 1.4.Update and discussion TaxMap Kev fTMK)(4)1-2-013:41. Ms.Sadora congratulated the Commission on the successful acquisition ofthe Kekaha parcel. Deputy Plaiming Director Jodi Higuchi-Sayegusa said the purchase closed on February 4, 2019 and she was in possession ofboth deeds that have been stamped and recorded by the Bureau of Conveyances. Ms.Sadora explained that the purchase involved two parcels,the cemetery and adjacent property.She said the Kekaha Gardens mitially expressed interest;however,fhrough the West Kaua'i Community plan other groups have expressed interest in the stewardship agreement.Ms.Sadora said she will work with Mr.Hull to come up with a plan and report back to the Commission. Mr.Jasper recommended a press release to announce this acquisition in the Garden Island Newspaper.The Commission unanimously agreed and the Department would work with the Public Information Officer (PIO). Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session Febmary 14,2019 Page9 SUBJECT DISCUSSION ACTION regarding acquisition ofthe Kekaha pareel ftirther identified as Tax Map Key (TMK)(4)1-2-013:41.Mr. Blake seconded the motion. Motion carried 7:0. 1.5.Review and discussion ofthe existing Countv ofKaua'i Beach Access Map. Ms.Kanna moved to receive item 1.5.Review and discussion ofthe existing County ofKaua'i Beach Access Map.Ms.Hayashi seconded the motion.Motion carried 7:0. Mr.Hull referred to a map and list that was included in the Commissions packet tbat identified existing and potential accesses.He said the next agenda item would form a PIG group that would work with the Department to prioritize the demarcation and possible improvement and conduct field work. Ms.Sadora said the "E"type or existing accesses have documentation recorded with the Bureau of Conveyances.The "P"type or potential accesses may have been identified but there is no documentation to show it was ever recorded. Mr.Blake asked that the traditional Hawaiian name ofthe area be used and the modem name placed in parenthesis and volunteered to work with Ms.Sadora to complete this. 1.6.Possible formation of a permitted interaction group pursuant to Hawai'i Revised Ms.Kanna moved to form a Permitted Interaction Group (PIG)that would review Statutes Section 92-2.5ft)'l('2')to review and discuss existing beach access and their possible improvement needs that the Commission may consider for funding from the Public Access, Open Space,and Natural Resources Preservation Fimd. Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session Februaryl4,2019 Page 10 SUBJECT DISCUSSION ACTION _. Ms.Hayashi left the meeting at 3:22 p.m. The following Commissioners volunteered to be on the PIG;Mr.Texeira,Ms.Kanna,Ms. Taniguchi and Ms.Ono.Mr.Hull explained that Ms.Sadora would contact the PIG members to schedule the meetings and suggested meeting no less than twice a month,possibly once a week. existing beach accesses and recommend improvement needs that the Commission should consider for funding from the Public Access,Open Space,and Natural Resources Preservation Fund.Mr. Texeira seconded the motion. Motion carried 7:0. Mr.Blake moved to approve the following Pennitted Interaction Group members; Mr.Texeira,Ms.Kanna,Ms. Taniguchi and Ms.Ono.Ms. Kanna seconded the motion. Motion carried 6:0. Ms.Sadora shared that the schedule for the West Kaua'i Community Plan meetings for Transportation Workshops will be held as follows and encouraged the Commissioner's to attend; 1.Tuesday,February 26,at the Hanapepe Library 2.Wednesday,February 27,at Kekaha Neighborhood Center. Next Meeting Date and Agenda Topics for Discussion Next scheduled meeting date is Thursday,March 14,2019,atl:00p.m. Chair Ono announced she would be absent from next month's meeting. Mr.Hull received the following agenda topics for February: 1.Press release for acquisition ofKekaha parcel further identified as Tax Map Key Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session Febroary 14,2019 Submitted by: Page 11 Reviewed and Approved by: (Sandra M.Muragin,Commission Support Clerk 1 Karen Ono,Chair (X)Approved as circulated.03/14/19 ()Approved with amendments.See minutes of meetmg. SUBJECT DISCUSSION ACTION (TMK)(4)1-2-013:41. 2.Bill for an 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.Bill for an 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 to increase minimum annual appropriation ofcertified real property tax revenues ofone halfofone percent (0.05%)to one and one halfpercent (1.5%). 4.Update and discussion regarding acquisition of the Hanapepe parcel further identified as Tax Map Key (TMK)(4)1-8-008:065. 5.Update and discussion regarding acquisition ofthe Hanapepe parcel further identified as Tax Map Key (TMK)(4)1-8-008:071. Adjournment With no objection Chair Ono adjoumed the meeting at 3:31 p.m.