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HomeMy WebLinkAbout2010-07-08 Open Space Agenda Posted COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION RECEIVED July 8, 2010 1:00pm —4:30pm -to JL -1 A8 :49 Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Kauai, Hawaii OFFICE OF AGENDA cow y or KAUAI 1. Call to Order 11. Approval of Agenda 111. Approval of Meeting Minutes — Regular meeting minutes of 6/10/10 and executive session minutes of 5/27/10. IV. Announcements V. Unfinished Business (For Action) A. Status of filling of vacant Commissioner positions. B. Update and discussion of the Commission's work plan/timeline of events and activities through 2010, to include future Commission education topics and scope and timing of facilitated review of the Commission's vision, goals, direction, priorities, processes, and proposals. C. Review and discussion on 3/11/10 North shore field trip. D. Review of opinions from the County Attorney's Office pertaining to the authority, duties, and proposals of the Commission. Executive Session, Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions and issues relating to the above item. This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. E. Update and discussion of the 2010 public input process pursuant to Ordinance No. 812 for developing an annual list of priority projects to be reported (2010 Report) to the Kauai County Council and the Mayor. VI. Next Meeting Date and Agenda Topics for Discussion VII. Adjournment EXECUTIVE SESSION: The Commission may go into an executive session on an agenda item for one of the permitted purposes listed in section 92-5(a), HRS, without noticing the executive session on the agenda where the executive session was not anticipated in advance. Haw. Rev. Stat. § 92- 7(a). The executive session may only be held, however, upon an affirmative vote of two-thirds of the members present, which must also be the majority of the members to which the board is entitled. Haw. Rev. Stat. § 92-4. The reason for holding the executive session shall be publicly announced. NOTE: Special accommodations and sign language interpreters are available upon request five (5) days prior to the meeting date to the County Planning Department, 4444 Rice Street, Suite A473, Lihue, Hawaii 96766, telephone 241-4050. COUNTY OF KAUA'1 PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Lihue Civic Center, Pi'ikoi Building, Conference Room B MINUTES A regular meeting of the County of Kauai Public Access, Open Space & Natural Resources Preservation Fund Commission of the County of Kauai was held on June 10, 2010, in the Lihue Civic Center, Pi'ikoi Building Conference Room B. The following Commissioners were present: Jean Souza, Chairperson, Tessie Kinnaman, Vice Chairperson, Beryl Blaich, Linda Dela Cruz, and Johanna Ventura. The following Commissioners were absent: Eugene Punzal, and three (3) vacancies. The following staff members were present: Nani Sadora, and Duke Nakamatsu. CALL TO ORDER Chair Souza called the meeting to order at 1:15 p.m. APPROVAL OF AGENDA MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to approve the agenda. All were in favor by unanimous voice vote-- motion passed. APPROVAL OF MEETING MINUTES — regular meeting minutes of 5113110. Commissioner Ventura requested an amendment to the 3" paragraph on page 5 from: "Chair Souza stated that the Commission would like to determine the terms of the lease." to "Chair Souza stated that the Commission would like to understand the terms of the current lease." MOTION: It was moved by Beryl Blaich and seconded by Linda Dela Cruz to amend the minutes of the 5113110 meeting. All were in favor by unanimous voice vote— motion passed. 1 MOTION: It was moved by Beryl Blaich and seconded by Linda Dela Cruz to approve the 5/13110 meeting minutes as amended. All were in favor by unanimous voice vote— motion passed. ANNOUNCEMENTS Commissioner Blaich announced that the Kauai Planning and Action Alliance annual meeting will be on June 24th and the topic will be on green economy. Ms. Sadora distributed copies of an article in the Garden Island regarding the Black Pot Park acquisition. She stated that she will check with the County Attorney's office regarding the timeline for the acquisition. Ms. Sadora announced that the contract has been approved for the Koloa-Po'ipu Development plan and long range planner Marie Williams will be presenting an update at the next meeting. Commissioner Blaich distributed copies of an article from the Land Trust Alliance magazine regarding health benefits of open space conservation. UNFINISHED BUSINESS Status of filling of vacant Commission positions. Ms Sadora reported that the Council is going through their final interview process for the Council appointee, and the administration still has no appointees to recommend. Update and discussion of the Commission's work plan/timeline of events and activities through 2010, to include future Commission education topics and scope and timing of facilitated review of the Commission's vision, goals, direction, priorities, processes, and proposals. Chair Souza requested that staff schedule meetings with the Mayor and the Council members regarding the Commission's proposals to amend Ordinance 812. The Commission agreed that the Chair and Vice Chair should attend the meetings with the Mayor and the Council members. Chair Souza requested a current version of the proposed amendments to the Ordinance. 2 The Commission agreed to invite someone from the DLNR to discuss information related to public access trails between Moloa'a and Pila'a. Commissioner Ventura stated that she would also like to discuss hunting issues and mauka accesses with the DLNR. Chair Souza suggested that staff check with the DLNR on who would be the appropriate person to speak with. She said the Commission also had a difference of opinion regarding the trail alignment at Moloa'a. She stated that there may need to be more than one session with the DLNR regarding the separate issues. The Commission also agreed to invite the Hawaii Visitor's Bureau to discuss hazardous and culturally sensitive trails that are being heavily publicized. Chair Souza suggested inviting someone from the Planning Department to discuss issues related to view sheds, accesses, and open space. Review and discussion on 3111110 North shore field trip. Commissioner Blaich distributed updated copies of the field trip report. The Commission received public testimony from Rayne Regush representing the Sierra Club. Ms. Regush thanked the Commission for visiting the North Shore, specifically the Larson's Beach and Ka'aka'aniu reef trails. She stated that the lateral trail that the public has been using for generations is just one section of the coastal alaloa connecting the adjacent properties of Ka'aka'aniu, Moloa'a, Waipake and Pila'a. She stated that she hoped the Commission would work with the County, State and land owner to secure the lateral public access and that it would be included on the Commission's opala list. She noted that cattle operations in the SMA and conservation districts are inappropriate and that the area is a breeding habitat for monk seals and green sea turtles. She said that the NRCS Conservation Plan disallowed cattle grazing within the 18 coastal acres. She also said the shoreline was incorrectly identified and was never certified by the DLNR. She stated that it was unfortunate that the public was not allowed to dialog between the County and Waioli Corporation concerning the three trail options. She said that the existing steep trail is the least safe, and the access of record has not been used for decades. She asked the Commission to consider the gentle historic coastal alaloa and help to advocate for preserving the right-of-way. She stated that there is a lot of evidence.that the lateral trail is the best choice for public access. Commissioner Kinnaman questioned the three different road easements in the certificate of title. 3 Ms. Regush stated that she will forward the original certificate of title in its entirety to the Commission. Commissioner Kinnaman noted that they may need to have legal counsel assist with interpreting the documents. She stated that all of the information the Commission has received appears to be disjointed and she would like to know how the trail traverses over the lots. Commissioner Blaich questioned when the MRCS conservation plan was done. She thought that allowing cattle in the coastal area was part of the plan. Ms. Regush stated that she will send the Commission a copy of the plan or the page that references the acreage and the associated use. Commissioner Ventura stated that she agreed with Commission Kinnaman that it is difficult to receive information in piecemeal fashion. She stated that it would be helpful to at least have the Planning Department's perspective and understanding. Chair Souza clarified that the access of record is the trail the Commission used to go down to the beach, and the center trail was the one they used to go back up. Ms. Regush stated that trail expert Charlie Cobb Adams agreed that the County's access of record is safer than the center trail because the switchbacks mitigate the steep elevation, and he did not recommend altering the steep center trail or moving the boulders. Chair Souza clarified that the preference of the Sierra Club is for the most gentle, lateral trail. Ms. Regush stated that the documents refer to the lateral trail as the historic right-of-way that has been used, unblocked, for generations as depicted on maps from the 1800s. Chair Souza noted that the three trails are not that far apart on land and that it is difficult to distinguish one alignment from another, or one that could have been covered over time. She questioned how Ms. Regush was certain that the trail on the historic maps refer to the gentle trail. Ms. Regush stated that of the three trails in question, two are steep and go straight to the beach. Historically, access was required from kuleana lands to taro loi between ahupuaa and a thoroughfare was depicted on the maps. She said through Ka'aka'aniu there is documentation of a contiguous trail through ahupua'a. She said it wasn't just about getting people to the beach, but transiting people along the coastline. She said that there is oral testimony from kupuna who remember a coastal trail, not on the plateau. She noted that the boundary 4 and parking lot is new and was not how people used to access the beach. She said people historically traversed the ahupuaa along the coastine. Commissioner Ventura asked for clarification that Ms. Regush's understanding is that the gentle slope trail is part of the traditional alaloa. She asked if there was anything more recent than the letter from the DLNR dated March 2007. Ms. Regush'stated that the State drops the ball unless they are continually motivated by community requests. She stated that it is the most recent documentation and Councilwoman Kawahara was trying to jump start it. She said the Commission may be able to put in a formal request to get things moving. Commissioner Ventura questioned the Na Ala Hele trail documentation. Ms. Regush stated that Na Ala Hele was requested by both the County and the State to provide their assessment and the Land Court document was provided by the Na Ala Hele abstractor. She stated that she talked about the loop holes in the 1800s or 1900s that probably resulted in a less than clear cut designation of the easement in that document. She said very often things are not resolved until there is an extensive litigation. Commissioner Kinnaman questioned whether the DLNR and Na Ala Hele delineated the trail. Ms. Regush stated that they only delineated the trail through Moloa'a and still needed to do a metes and bounds survey. Commissioner Blaich noted that it is difficult to make a legal case that a trail existed in the past and felt that it is another way that the cards are stacked against native Hawaiians keeping cultural practices and places. She said the old maps from the 1800s have to be geo-rectified with some modern maps and that written records or an unbroken chain of testimony is needed. She said that the two access ways long used by the public are being closed off, and the newly cleared access of record is steep, difficult to discern, and will be difficult to maintain. She stated that possible actions for the Commission would be to consider it a priority recommendation for the 2010 report to secure the permanent use of the existing access ways. The Commission continued to review and edit the field trip report. Chair Souza requested that staff arrange an educational session with Sue Kanoho of the Visitor's Bureau. She also requested that staff try to arrange for the County Attorney to review the report in a timely manner rather than just before going to print. Commissioner Ventura stated that she would be interested in hearing from the Visitor's Bureau before taking possible actions on sites such as Queen's Bath. 5 Chair Souza suggested educational sessions with both the DLNR and Kaua'i Visitor's Bureau before taking action on the final field trip report. Commissioner Blaich stated that she will make the new changes and revisions. Commissioner Ventura stated that she will help with the formatting. Update and discussion of the 2010 public input process pursuant to Ordinance No. 812 for developing an annual list of priority projects to be reported (2010 Report) to the Kaua'i County Council and the Mayor. Ms. Sadora stated that the former Kaua'i People newspaper is now called Midweek. She stated that press releases and an article would be free of charge subject to editor approval, but Midweek would dictate the publishing date. Commissioner Ventura questioned whether staff obtained advertising rates for the Midweek. She stated that if ad space is purchased for the survey, it would give the Commission more control of the release date. Chair Souza stated that she liked the idea of purchasing an ad to ensure that the article and the survey can be kept together. Ms. Sadora stated that she will check on advertising rates and report back to the Commission. Regarding the Garden Island Ad, she said it will be a half page ad including the survey and all of the information tied into it. She stated that she would need to have the purchase orders done prior to the next meeting. MOTION: It was moved by Johanna Ventura and seconded by Tessie Kinnaman to authorize staff to purchase an ad in the Midweek publication up to any remaining funds in the 2009-2010 Open Space budget for the survey. All were in favor by unanimous voice vote— motion passed. Commissioner Ventura stated that she took last year's press release and restructured the format. Ms. Sadora questioned if the Commission wanted to include the update on the Hodge property acquisition in the press release. Commissioner Ventura cautioned that including the Hodge property acquisition in the article may take focus away from the main objective of getting people to participate in the survey. Chair Souza noted that the Garden Island article on the Hodge property didn't mention the Open Space Commission. She felt that the Commission should highlight the Commission's and the public's role in that acquisition. 6 Ms. Sadora noted that the Open Space fund was the biggest portion of money so it should be tied to the press release as an accomplishment. Commissioner Ventura suggested including a photo of the Hodge property with a caption. Chair Souza felt that the caption of the photo should indicate what the Commission's role was in the acquisition. Commissioner Blaich suggested wording the caption: Public input over several years instrumental in the Open Space Commission recommending and the Council approving $1.8 million from the Open Space fund toward Black Pot Park expansion. Chair Souza stated that they should also mention that it was the foundation upon which other funds were used to supplement. Commissioner Ventura stated that the Commission should take advantage of the radio community bulletin boards. Commissioner Blaich suggested that two meetings be specified for receiving public testimony for the survey. Commissioner Ventura stated that she will work on a shorter PSA for the community bulletin board announcements on the radio. The Commission agreed to target the July 22nd and August 12th meetings for advertised public input, but agreed to keep the public input as an agenda item throughout the entire survey period. Commissioner Kinnaman stated that she can distribute the surveXs at the Koloa Community Association general membership meeting on July 15t . Commissioner Blaich stated that she will also be at the July 15th meeting in Koloa. She said that the Kilauea Community Association meets on the first Tuesday of every month which would be July 6th and August 3`d at 7pm and she will request to be on the agenda. Commissioner Ventura stated that she would be available on July 6th but not on August 3`d. The Commission agreed to utilize all of the old brochures from the previous years for informational purposes. Ms. Sadora stated that she will check on which association meetings are occurring during the survey period in Anahola and Hanamaulu. 7 Commissioner Dela Cruz stated that she will check with the West Kaua'i Business Association and Kekaha Community Association. Commissioner Ventura stated that she will check on the Hanalei and Ha'ena Community Association. She stated that she will be happy to attend any meetings between Hanalei and Uhu'e if needed. Chair Souza stated that when a list is developed on when each association meets, they will determine who can attend which meeting. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Souza stated that the agenda items for the next meeting should be the same with the addition of the presentation of the Koloa-Po'ipu Development plan update. ADJOURNMENT MOTION: It was moved and seconded by to adjourn the meeting. All were in favor by unanimous voice vote— motion passed._ Meeting adjourned at 4:40 p.m. Respectfuliv submitted bv: jz• T . . Duke Nakamatsu, Support Clerk 8