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HomeMy WebLinkAbout2019-05-09OpenSpaceMinutesApprovedCOUNTy OF KAUA'I Minutes ofMeeting OPEN SESSION Board/Commission:Public Access,Open Space and Natural Resources Preservation Fund Commission Meeting Date May 9,2019 Location Mo'ikeha Building -Meeting Room 2A/2B StartofMeeting:1:06 p.m.|End ofMeeting:2:18 p.m. Present Chair Karen Ono.Vice Chair Shaylyn Kimura (recused and left the meeting 1:35 p.m.and returned 2:06 p.m.). Commissioners:Jett Jasper,Nancy Kanna,Erica Taniguchi and Hennan Texeira. Planning Department Staff:Deputy Planning Director Jodi Higuchi-Sayegusa and Duke Nakamatsu.Office ofBoards and Commissions:Administrative Specialist Anela Segreti and Commission Support Clerk Sandra Muragin. Excused First Deputy Coimty Attomey Nicholas Courson. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Ono called the meeting to orderat 1:06 p.m. Roll CaU The meeting commenced with a roll call ofthe Commissioners.Six Commissioners were present,which constituted a quorum. Approval of Agenda Deputy Planning Director Jodi Higuchi-Sayegusa requested to amend the order ofthe agenda and move item 1.3.Presentation by Waipa Foundation before 1.1.Update from Administration and 1.2.Discussion and scheduling ofcommunity outreach. Ms.Kanna moved to approve the agenda,as amended.Ms. Kimura seconded the motion. Motion carried 6:0. Minutes of the Meeting(s)of the Open Space Coinmission D.1.Meeting minutes ofMarch 14,2019.Ms.Kanna moved to approve the March 14,2019,minutes as circulated.Mr.Texeira 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 PubUc F.1.A1I remaming public testimony pursuant to HRS 92 (Sunshine Law). Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session May 9,2019 Page2 SUBJECT DISCUSSION ACTION Conunent Ms.Higuchi-Sayegusa informed the public ofthe opportunity to present their testimony now or wait until it comes up on the agenda.Seeing no one,Ms.Higuchi-Sayegusa moved on to the next agenda itein. Communication (For Action) (None) There were no communications. Unfinished Business H.l.Update by Planning Department onBill for anordinanceamendingCha&ter6,ArticLe 14,Kaua'i County Code 1987,as amended.relating to the Public Access,Open,Space,and Natural Resources Preservation Fund. An update on the status ofthe bill for an ordinance was presented to the Coimnission by Ms. Higuchi-Sayegusa.The Planning Department had been in several contact meetings with Planning Committee Chair Councilmember Mason K.Chock and Council Services staffto explain the Commissions intent and to further clarify the language used in the bill for an ordinance.To gain a better understanding,a detailed summary analysis was provided by Council Services StafFJenelle Agas that identified areas that required clarification because the intent ofthe Commission needed to also be in-line with the Charter. Proposed new sentence 3:"Improvements to existing public pedestrian coastal accesses shall be limited to fencing,signage,demarcation,and parking",created a need to understand what "existing"meant and questioned the limitation of funds to only four purposes.Ms.Higuchi- Sayegusa said proposed new sentence 3 did not align with the Charter and did not reflect the will ofthe voters,who did not vote to limit fands to only four purposes. Ms.Higuchi-Sayegusa next explained the three options that was provided in the detailed summary analysis.Option one would restore the bill for an ordinance back to the Charter language,which would allow use ofthe funds for land acquisition and any improvements to coastal accesses.Option two would darify the Commissions definition ofimprovements. Would improvements include only accesses in coastal areas?Would improvements include State accesses or only County owned?Would new acquisitions npt be limited to only four Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session May 9,2019 Page3 SUBJECT DISCUSSION ACTION purposes?The third option is to leave as is and allow Council to amend as they see fit. Proposed new sentence 2:"The moneys in this fund may also be used to improve public pedestrian access to coastal areas."Ms.Higuchi-Sayegusa confirmed the Commission's opinion that they felt the language was too broad and the funds had to now potentially be split between land acquisition and improvements.The Department also recommended against limits with restricted language.Ms.Kanna inquired ifMs.Higuchi-Sayegusa knew of Councils interpretation.Ms.Higuchi-Sayegusa recalled hesitation to constrain the intent of £he Charter and their direction was to keep the language broad.Mr.Jasper asked ifCouncil had a say on whether or not the Commission could submit a recommendation.Ms.Higuchi- Sayegusa replied that all recommendations go through the legislative process,which included Councils authority to vote and amend the language provided. Chair Ono asked Ms.Higuchi-Sayegusa to explain the process ofimprovement recommendations from the Commission.Ms.Higuchi-Sayegusa stated that proposals for use ofOpen Space funds would first be reviewed by this body and their recommendation submitted to Council for approval.She further clarified that the Department clerks this Commission and all recommendations would be drafted and vetted by the Department before it is transmitted to Council for their review and approval. Ms.Kimura recalled that when this subject first came up the opinion ofthis body was concemed wifh being able to actually use the funds to clear accesses and somehow that got lost in translation.The intent ofthe Commission was to regain control ofaccesses that were no longer open to the public because under the current language they were not able to do any improvements.They were not concemed with the language being too broad and they didn't think it was being limited either.She asked the Department for suggestions that would satisfy language that was not so broad and would also not limit improvements to those four purposes. Ms.Kimura said the coastal access inventory list that is currently being worked on would Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session May 9,2019 Page4 SUBJECT DISCUSSION ACTION eventually require demarcation or some type ofimprovement.Not changing tlie language would prohibit the Commission from perfomiing any type ofmaintenance.Ms.Kimura desired the ability for the Commission to move forward with access improvements that did not require the approval from Council and did not limit them to only four purposes.She envisioned working with the Council Planning Committee to come up with guidelines that the Commission could use to analysis each access and detennine the best approach.Ms.Kanna was in favor ofnot limiting the language but suggested the Commission define the process and create perimeters that could be used to accomplish their intent. Ms.Higuchi-Sayegusa said this was only an update;however,the intent ofthe Commission and comments will be forwarded to the County Council.The Commission agreed to not limit the fimds to only those four purposes.Ms.Higuchi-Sayegusa suggested the Commission look into defining criteria's and develop process guidelines in their Rules ofPractice and Procedure. Ms.Higuchi-Sayegusa said she would notify the ComiTiission ofthe next Council Planning Committee meeting should anyone want to attend and share their thoughts. Chair Ono called for the question. Ms.Kanna moved to receive Council Services Staff Analysis of 2018 Charter Amendment and Bill No.2747 Relating to the Public Access, Open Space,Natural Resources Preservation Fund, nine page document dated 05/07/19.Ms.Kimura seconded the motion. Motion carried 6:0. New Business (For Action) 1.3.Presentation by Waipa Foyndation and_Tryst for Public Lands_requestuig continued Commission support regarding the Embracing Kuleana Waipa project for acquisition consideration of a 1.8 acre property known as Kaluanono,further identified as T_ax MapJK.ey fTKK)C4)5-6-004:010 and a .25 acre property known as Halulu Fishpond further identified Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session May 9,2019 Page5 SUBJECT DISCUSSION ACTION asTax Map Key_(TMK)_(4)5-6-004:017 located inWaipa,_Waipa_Ahupuaa,Halalea Moku. (Preliminary report 4/9/15) a.Supplemental report no.1 pertaining to this matter. Ms.Kimura recused herselfand left the meeting room. Waipa Foundation Executive Director Ms.Stacy Sproat-Beck gave a power point presentation and overview ofthe foundation.Waipa Foundation is a non-profit that has had an agriculture lease of 1600 acres from Kamehameha Schools since the mid 1980's.There were 21 kuleana parcels embedded iu the ahapua'a;two were owned by Kamehameha Schools,most have been built on with two that remain unoccupied. She saidbackin2015,they approached the County for support on the purchase oftwo kuleana parcels.The Halulu Fishpond access parcel is a .25 acre lot that is in line with two other properties that have large homes built on them.They are concemed with the possibility ofit being sold and built on like the other two properties and that would have a negative visual impact and impair access.The property line extends into the Halulu Fishpond and lies across a major access to the ponds.Theyuse the barics ofthe Halulu Fishpond as a leaming center and to hold two ofits most popular festivals fhe Kala and Mango.Both festivals average 1,000 to 2,000 in attendance and access is through the .25 acre lot.The Kaluanono parcel is a 1.8 acre property that lies right on Waipa stream.Their mauka trail,which leads to the uplands and reforestation projects,runs through the Kaluanono property.' State Director ofthe Trust for Public Lands Ms.Lea Hong covered the project history and financial position.The project started back in September 2014 when Waipa applied and received almost $400,000.00 from the State Legacy Land Conservation Program (SLLCP)for the Kaluanono parcel.She said they applied for funds for the Kaluanono parcel and not the Halulu Fishpond access parcel because they assumed Kamehameha Schools would purchase it.They were wrong.In April 2015 they requested $1.1 million from the County to purchase both parcels,but it took several years to resolve the title search.Once the lengthy title search Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session May 9,2019 Page6 SUBJECT DISCUSSION ACTION was settled the project was able to resume back in 2018.So last year they applied for $650,000.00 from the SLLCP to purchase the Halulu Fishpond,but ranked fifth and received only $50,000.00.The primary reason for the low rank and fifth place was because there was no matching funds progress made on the Coimty side.Currently they are now requesting $850,000.00 from the County.As it stands theyhave secured $450,000.00 from SLLCP. They intend to apply for another $400,000.00 from SLLCP in July and request $850,000.00 from the County.The total purchase price for bofli parcels is a little over $1.6 million. Appraisals have been completed for both parcels. They are hopeful the County can match funding by the November 2019 SLLCP timeline to move the project forward and secure these parcels.This would demonstrate to the SLLCP the progress on the County side,that is required,and motivate them to grant the remaining funds. Ms.Kanna asked ifthere were other potential funding sources,to which Ms.Hong replied they do not.Ms.Hong said the landowners have been very patient but its clear that ifWaipa Foundation is not able to get the funding they still aeed to sell the property. Mr.Jasper asked ifthe properties were purchased would the title be under the Coimty or Waipa Foundation.Ms.Hong replied that the title would be under the Waipa Foundation subject to a conservation easement owned by the County.A conservation easement is a pennanent binding restriction on the land that takes away all development rights. Mr.Texeira moved to defer the Waipa Foundation and Trust for Public Lands that requested $850,000 for acquisition ofa 1.8 acre property known as Kaluanono,further identified as Tax Map Key (TKK)(4)5- 6-004:010and a.25acre property known as Halulu Fishpond further identified as Tax Map Key (TMK)(4)5-6- Public Access,Open Space &Natural Resources Preserv^ation Fund Commission Open Session May 9,2019 Page7 SUBJECT DISCUSSION ACTION 004:017 located in Waipa, Waipa Ahupuaa,Halalea Moku to allow time for the PIanning Department to complete an appraisal.Mr. Jasper seconded the motion. Motion carried 6:0. 1.1.Update from Administration and County Council on vacant commissioner positions. Mr.Texeira moved to receive the update report on the status ofvacant commissioner positions from Boards and Commissions.Ms.Kanna seconded the motion.Motion carried 6:0. Ms.Kimura returned to the meeting room Administrative Specialist Anela Segreti reported for Administrator Ellen Ching.Ms.Segreti relayed that Ms.Ching has been actively recruiting individuals;however,the meeting time is an issue and she has gotten tumed down because ofit.They have one outstanding application pending. 1.2.Discussion and scheduling ofcommunitv outreach for development ofthe biennial list Mr.Texeira moved to defer the discussion and scheduling of community outreach for development ofthe biennial list ofpriority projects to be reported to the Kaua'i County Council and the Mayor.Ms. ofpriorifry proiects to be reported to the Kaua'i County Council and the Mayor. Ms.Higuchi-Sayegusa said Ms.Nani Sadora is working on updating her list ofcommunity association meetings.She will provide a worksheet that would include a list ofall the community association meeting dates at the next meeting. Public Access,Open Space &Natural Resources Preservation Fund Commission Open Session May 9,2019 Page8 Submitted by: andra M.Muragin,Commission Support Clerk Reviewed and Approved by: Karen Ono,Chair (X)Approved as circulated.06/13/19 ()Approved with amendments.Seeminutesof_meeting. SUBJECT DISCUSSION ACTION Kanna seconded the motion. Motion carried 6:0. Announcements Mr.Texeira armounced that the PIG has been meeting regularly and is ready to report its findings. Mr.Jasper announced an invitation to attend Ho'ike Kaua'i CommunityTelevision's grand opening ofits new location on Thursday,May 16,5:00 p.m to 7:00 p.m. Next Meeting Date and Agenda Topics for Discussion Next scheduled meeting date is Thursday,June 13,2019,at 1:00 p.m. Ms.Higuchi-Sayegusa received the following agenda topics for June: 1.PIG report of findings 2.Updated roster with terms and expiration dates 3.Bill for an ordinance amendment 4.Community outreach discussion 5.Hanapepe massacre parcel update 6.Update on Lawa'i Kai Adjournment With no objection Chair Ono adjoumed the meeting at 2:18 p.m.