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HomeMy WebLinkAbout2010-10-28 Open Space Agenda Posted COUNTY OF KAUAI Ou%%IV D PUBLIC ACCESS, OPEN SPACE, & NATURAL RES PRESERVATION FUND COMMISSION -10 (CT 22 A 8 52 October 28, 2010 1:00pm —4:30pm -. THE COO i '1 CLLiI 1 Lihue Civic Center, Moikeha Building COUNTY OF KALIVI Meeting Room 2A-2B 4444 Rice Street, Lihue, Kauai, Hawaii AGENDA I. Call to Order 11. Approval of Agenda III. Approval of Meeting Minutes — Regular meeting minutes of 9109110 and 9/30110, and executive session minutes of 5127/10, 6124110 and 8/12/10. IV. Announcements V. Communications A. Status Update: Black Pot Beach Park Expansion and the acquisition of the Hodge Parcel with $1,850,000.00 from the Public Access, Open Space & Natural Resources Preservation Fund. VI. 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 3111/10 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. Compilation and evaluation of 2010 public input process pursuant to Ordinance No. 812 and the development of an annual list of priority projects and 2010 Report to the Kaua'i County Council and the Mayor. Vll. Commission Education A. Briefing and discussion from the Department of Land and Natural Resources involving State lands and working in partnership with regards to public access, open space & natural resources. VI11. Next Meeting Date and Agenda Topics for Discussion IX. 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'I PUBLIC ACCESS, OPEN SPACE, &6 NATURAL RESOURCES PRESERVATION FUND COMMISSION Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B MINUTES A regular meeting of the County of Kaua'i, Public Access, Open Space, & Natural Resources Preservation Fund Commission of the County of Kaua'i was held on September 30, 2010, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Tessie Kinnaman, Chairperson, Johanna Ventura, Vice Chairperson, Linda Dela Cruz, Maurice Nakahara, and Jean Souza. The following Commissioners were absent: Eugene Punzal and three (3) vacancies. The foliowinq staff members were resent: Nani Sadora and Duke Nakamatsu. CALL TO ORDER Chair Kinnaman called the meeting to order at 1:10 p.m. APPROVAL OF AGENDA Chair Kinnaman announced that the Deputy County Attorney was not available today for executive session and that Tommy Oi from the DLNR was also not available for Commission education, 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 9/09110 and executive session minutes of 5127110 6124110 and 8112110. Regular meeting minutes of 9109110 — Deferred. I Off" 2 8 2010 MOTION: It was moved by Jean Souza and seconded by Maurice Nakahara to defer approval of the 9109110 meeting minutes. All were in favor by unanimous voice vote- motion passed. Executive session minutes of 5127110 - Deferred. Commissioner Ventura stated that she would like to seek clarification from the Deputy County Attorney on the executive session minutes of 5127114. MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to defer approval of the 5127110 executive session minutes. All were in favor by unanimous voice vote- motion passed. Executive session minutes of 6124110 and 8112110 - Deferred. MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to approve the 6124110 executive session minutes. Ayes: 4 Nos: 1 Motion did not carry Commissioner Souza stated that since Commissioner Nakahara is new, she felt it would be a good idea to discuss the implications of the executive session. MOTION: It was moved by Jean Souza and seconded by Linda Dela Cruz to defer approval of the 6124110 and 8112110 executive session minutes. All were in favor bK unanimous voice vote- motion passed ANNOUNCEMENTS Ms. Sadora announced that Deputy Planning Director Aiu has a newborn son and is temporarily out of the office. She stated that any Departmental approval or review would be from the Planning Director. 2 UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora announced that the Council and the Administration are still seeking candidates to fill the Commissioner vacancies. Regarding the Commission's question on whether or not Commissioner Nakahara's district appointment could be switched from at-large to Kilauea, she stated that the Boards & Commissions office and the County Attorney's office are reviewing the process and the language. She stated that there should be an update by the next meeting. Commissioner Souza noted that Commissioner Punzal would be willing to continue in a 90 day holdover for meetings where he would be needed for quorum. 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. Commissioner Ventura questioned the status of the proposed Ordinance Amendment. Ms. Sadora stated that she met with Deputy County Attorney Dahilig and he said that the findings section needed to be worded in a way that Council would accept it. She stated that a cover letter would be accompanying the proposal stating why the Commission is making the amendments. She asked the Commission if they would prefer formally submitting the amendments for adoption or if the Commission would like to first request an informal meeting with Council members for dialog prior to finalization of the document. Commissioner Souza stated that the Commission wanted to first speak with the Council members informally then make revisions. She felt that delays that have complicated the process since it is an election year. Commissioner Ventura stated that she felt it would promote a better understanding of why the Commission felt the changes were necessary if they could meet with Council members first rather than asking the Council to take the item up for discussion at a formal Council meeting. Commissioner Souza stated that she felt hesitant to submit the amendments formally without prior conversations. She stated that if the Deputy County attorney felt that the amendment was ready to submit, he should have stated something earlier. Ms. Sadora stated that Deputy County Attorney Dahilig was trying to provide the best scenario that would help expedite the process. She stated that if the Commission would prefer to meet with the Council members she would need to contact them individually. 3 Chair Kinnaman stated that her main concern was the opportunity to recruit the 9" Commissioner. Ms. Sadora questioned whether the Commission would prefer to hand the amendments to the Council members when they meet, or if they would prefer to send it as a communication prior to the meeting. Commissioner Ventura stated that it would depend if the Commission was planning to take Council input and shape the amendments, or if they just wanted to brief the Council about it. Ms. Sadora stated that Council will want to know the purpose of the meeting, so she questioned if the Commission would like to send the amendments or a cover letter. Commissioner Souza stated that she would like the amendments to be submitted separate from the annual report. She felt it would be good to send the amendments to the Council for informal consideration then arrange a meeting with them, two at a time, for their feedback. She questioned if that could be done in the next two weeks. Ms. Sadora stated that she would follow up with the Council Chair and the Planning Committee Chair. Commissioner Ventura noted that the elections are in November and new Council members would begin in January. Chair Kinnaman asked staff to prepare a cover letter. Ms. Sadora stated that the amendment is in its final version but the Deputy County Attorney is working on the language in the findings. She stated that the cover letter would also address the Council revisiting the interpretation of the term "disabled". She stated that according to the Deputy County Attorney, the Council's intention was not clear. Commissioner Ventura suggested that if it is not possible to meet with dual members of the. Council, they could arrange to meet with them individually. Chair Kinnaman noted that Section 4 states that material to be repealed is bracketed. She noted that on page 3 the bracketed words should be underscored. Ms. Sadora stated that she would seek clarification from the Deputy County Attorney. Commissioner Souza noted that on page 2, the word "disabled" is underlined, bolded, and shaded, but the words "disabled and" should have been bracketed. 4 Commissioner Ventura clarified that the punctuation that has occurred with the tracking of the changes does not agree with the new section that has been added. She stated that it would depend on what the common protocol is with the Council then they could bring the document into alignment. She stated that the Commission had a discussion about the use of the term "disabled". She stated that improving public access would be inclusive of ADA compliance. MOTION: It was moved by Jean Souza and seconded by Johanna Ventura to delete "disabled and" from 7 and 8 on page 2 of the proposed draft Bill. All were in favor bX unanimous voice vote— motion passed Commissioner Ventura stated that if there is a concern from the County Attorney's office regarding changing the possible original intent of the Council, then she felt it could be discussed when they meet with the Council members. Commissioner Souza suggested labeling the draft bill as "discussion draft". She said that the Commission wants the Council to realize that it is only a draft and subject to change. Commissioner Ventura stated that"discussion draft" would be good because the intent is to initiate discussion. Commissioner Souza stated that her understanding was the draft was supposed to be a cleaned-up version. Ms. Sadora noted that the original version wasn't clean in the existing Ordinance. She stated that her understanding of a cleaned version was how it exists in the Ordinance now with the additions that the Commission wanted. She stated that she will provide a clean version for the Commission. Commissioner Ventura stated that aside from the inconsistencies of the tracked changes, it was her understanding that a clean version was the original Ordinance with the Commission's tracked changes added to it. She clarified that the original Ordinance has the tracked changes from when it went through the original revisions. She understood that a clean version would be to turn it into a final without the original tracked changes, then adding the Commission's changes tracked in a way that whoever is reviewing it would be clear on the amendments. Commissioner Souza stated that the current draft includes the original changes that were already approved by the Council. Ms. Sadora stated that the draft cleans up what should have been taken out and what should have been added. She stated that on page 3, the strikeouts indicate what the Commission is proposing to be deleted and the brackets are what the Commission is 5 proposing to be added to existing language. She stated that the underlined items on page 4 are new proposals that were never part of the original Ordinance. Chair Kinnaman noted that the bracketed "seated members" on page 3 should be underlined and the strikeout words should be bracketed to be consistent with the new sections. Commissioner Ventura stated that she felt the most important point to express in the cover letter would be that the Commission would like to bring the Ordinance in alignment with the public's expectations of the Commission's roles. Ms. Sadora stated that Deputy County Attorney Dahilig also suggested that the cover letter explain that the Commission is not seeking more authority, but looking at ways to work in partnerships. She stated that she could work with Commissioner Ventura on the language in the cover letter. Commissioner Ventura stated that another point would be that the Commission values the Council's feedback and would like the opportunity to discuss the proposals prior to a formal submittal. Commissioner Souza questioned items 3, 4, and 5 on page 5. Chair Kinnaman stated that they are included whenever an Ordinance is introduced or amended. Commissioner Nakahara questioned item 3 on page 3. He asked if"seated members" implies the number of members that are available at a particular time. Chair Kinnaman stated that under the new proposal, a minimum of 5 Commissioners would be required to appoint its member. Commissioner Ventura clarified that the way the Ordinance is currently worded, because the Council and the Administration has vacancies that they have not been able to fill, the Commission has been unable to fill the ninth seat. She stated that by changing the language, even if there are other vacancies, the Commission would be able to fill the ninth seat. Commissioner Nakahara questioned item 4 on page 3 regarding initial terms. Commissioner Souza suggested clarifying the language to "initial terms of appointment in 2005". Chair Kinnaman stated that the language is what existed in the original Ordinance. Commissioner Ventura stated that she liked the suggestion of specifying the initial terms of appointment. She agreed that the current wording may be confusing. 6 Chair Kinnaman stated that she wouldn't personally change section 4 unless there was a compelling reason. Commissioner Ventura requested asking the County Attorney's office if there would be any harm in specifying the initial term dates. Review and discussion on 3111110 North shore field trip. Commissioner Ventura distributed the latest draft of the North shore field trip report including the cover sheet. She stated that she did not receive additional feedback regarding content changes. She said the Commission discussed standardizing the place names with addresses, TMKs, or districts, but she did not have the specific TMKs, so the bulleted list on the title page refers only to the place names in the original document. Ms. Sadora asked if she could receive an electronic version. Commissioner Ventura stated that she was having difficulty with formatting consistencies when converting the file to pdf. She stated that she could make whatever changes the Commission would like to make and try to resolve the formatting. She questioned the title for the report. Commissioner Souza stated that the last report was entitled North Shore Field Trip Hanalei to Hyena. She suggested entitling this report as North Shore Field Trip 'Aliomanu to Princeville. Chair Kinnaman asked the Commission if they were ready to accept the field trip report. Commissioner Ventura stated that there were still areas that needed to be cleaned up. She noted that the possible opportunitiesfactions section needed to be standardized to identify responsible agencies. She stated that she did not want to make content changes without the Commission's input. Commissioner Souza stated that she was okay with Commissioner Ventura making clarifying content changes. Commissioner Nakahara questioned if was the responsibility of the Commission to attain liability protection. Commissioner Ventura stated that liability is an issue that exists and is a constraint. She felt that obtaining liability insurance should be moved from the actions column to the issue/conditions column. She stated that the Commission by Resolution could urge the County and its Legislative delegation to seek liability protection. 7 Commissioner Souza noted that item 6B of the draft amendments states that the Commission wants to be authorized to advocate and propose policies and Legislation to further public access and open space efforts on Kauai. She stated that they want to address the problem of liability protection for the County. Commissioner Ventura stated that okinas are missing in the Hawaiian place names and that it was her recollection that the official policy was not to include diacritical marks. Commissioner Souza stated that when Puna Kalama Dawson was a commissioner, she stated that most of the current use of diacritical marks was influenced by the University of Hawaii, but many Hawaiian words have different meanings. She said the Commission decided that they were not going to make the decision on how to use diacritical marks. Regarding the section of the Na Ala Hele coastal trail to Ka'aka'aniu, Commissioner Souza pointed out that many of the actions were probably former Commissioner Blaich's ideas, but not necessarily discussed by the Commission. Commissioner Ventura stated that some of the suggested actions seemed bold. Commissioner Souza suggested inviting Na Ala Hele for an education session. Commissioner Ventura stated that she would like to hear what the plans are regarding the trails program and advisory group on Kaua'i. Commissioner Souza suggested deleting action 3 regarding re-establishing an advisory group and combining action 1 and 2. Commissioner Ventura agreed that a Resolution would be premature, and that 1 and 2 could be combined. The Commission agreed to strike number 3 and the Resolution, and to combine 1 and 2. Commissioner Ventura stated that segments of the community were not satisfied with the solution that has been reached by the County and the land owner because that would mean the loss of the historical trail, and the access that has been identified is not as easily traversable as the gentle sloping trail that the landowner is now going to fence in. Commissioner Souza stated that she would like to hear from DLNR. Regarding Ka'aka'aniu-Lepeuli, Commissioner Souza noted that the County had not yet taken action when the Commission first began working on the report. Chair Kinnaman suggested adding "Action resolved by County Council in August 2010". 8 Commissioner Ventura stated that she liked that idea and recommended that staff obtain the information to reference. Ms. Sadora questioned the reference to the lepeuli and if the Commission was distinguishing the lepeuli from Ka'aka'aniu and the upper plateau. Chair Kinnaman stated that she thought the upper plateau was the alaloa. Commissioner Ventura stated that in the community's mind, the alaloa is the trail that is being blocked by the land owner which is the gentle slope down in the makai area. Ms. Sadora felt that when people referenced the lepeuli, they were referencing the whole area. She stated that she was wanted the field trip report to be consistent with the annual report. Commissioner Ventura stated that there was the issue of Moloa'a to Ka'aka'aniu being part of the Na Ala Hele trail. Another issue was that access ways were being closed, but that had possibly been addressed. The third issue was that the SMA area was vulnerable and she was not sure if that was referenced to as Ka'aka'aniu or the lepeuli. She felt that possible action could be to consider acquisition or encourage the County to work with the community. She felt that both sections should be separated and requested clarification on proper use of the place names. She stated that if Ka'aka'aniu was specific to the ocean area, she felt it would be okay to utilize that to demark the access ways, but she wasn't sure if that would be descriptive for the SMA area. Ms. Sadora stated that all of the references for the SMA state lepeuli. She noted that the Commission decided to include the lepeuli ancient alaloa for consideration. Commissioner Ventura stated that the ancient trail is not the SMA area but the segment of the Na Ala Hele coastal trail to Ka'aka'aniu being blocked. She felt that the bigger issue was promoting community engagement. Commissioner Souza stated that the Commission has heard from the community and from the County, but not from the DLNR. Commissioner Ventura suggested a Commission education session to discuss the current SMA status. She requested that if any commissioner had any concerns they should notify staff within a week and she would continue to work with the Chair to finalize the report for the next meeting. 9 Compilation and evaluation of the 2010 public input process pursuant to Ordinance No. 812 for the development of an annual list of priority projects and 2010 Report to the Kauai County Council and the Mayor. Staff distributed drafts of the updated survey analysis. Commissioner Ventura questioned the Commission's notation from the last meeting that the Kapaia swinging bridge was on the historical list. Ms. Sadora stated that they are still trying to confirm if it is on the historical register. Commissioner Souza questioned whether the Commission wanted to keep Coco Palms on the recommendations list. Commissioner Ventura stated that if it was the Commission's decision to strike the larger sites off of the priority recommendations list, she would agree since they are not easily achievable, but she felt there was some value in keeping some attention on them. Chair Kinnaman stated that at the next meeting the Commission will need to work on their preliminary recommendations. Commissioner Ventura stated that she felt some ranking should be done on the culled suggestions. She would also be in favor of discussion larger sites and how to treat them. Commissioner Souza suggested placing the larger sites on the long range plan. She stated that Coco Palms, Mahaulepu, and Menehune Fishpond could be kept on a working list. She pointed out that Dr. Kawane's concern was not regarding Lawa'i Bay. Commissioner Ventura clarified that Dr. Kawane's concern was regarding coastal access from Lawa'i Bay to Port Allen. Commissioner Souza suggested labeling his recommendation as Numila to Port Allen. Commissioner Ventura stated that she liked the idea of including the larger items in the long range plan. She also felt that they should also be mentioned as having the Commission's support in the report. Commissioner Souza stated that by mentioning the sites, it would acknowledge the public's suggestions. She suggested including a complete list as an attachment. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Kinnaman stated that the agenda items will be the same for the next meeting. 10 ADJOURNMENT MOTION: It was moved by Johanna Ventura and seconded by Maurice Nakahara to adjourn the meeting. All were in favor by unanimous voice vote-- motion passed Meeting adjourned at 4:31 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 11 COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION LThu'e Civic Center, Moikeha Building Meeting Room 2A/213 MINUTES A regular meeting of the County of Kauai, Public Access, Open Space, & Natural Resources Preservation Fund Commission of the County of Kaua'i was held on September 9, 2010, in the Uhu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Tessie Kinnaman, Chairperson, Linda Dela Cruz, Maurice Nakahara, Eugene Punzal, and Jean Souza. The following Commissioners were absent: Johanna Ventura 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 1:20 p.m. SELECTION OF CHAIR AND VICE CHAIRPERSON Commissioner Punzal stated that his term will be expiring at the end of December and he was not interested in reappointment. Commissioner Kinnaman stated that she would be willing to serve as Chairperson. There were no other nominations for Chairperson. MOTION: It was moved by Linda Dela Cruz and seconded by Eugene Punzal to close the nominations and accept Tessie Kinnaman as Chairperson. AH were in favor by unanimous voice vote-- motion i2assed The meeting was turned over to Chair Kinnaman. Commissioner Dela Cruz nominated Commissioner Ventura for Vice Chairperson. t OCT 2 The Commission requested that staff verify if Commissioner Ventura would be willing to serve as Vice Chairperson. MOTION: It was moved by Jean Souza and seconded by Eugene Punzal to defer selection of Vice Chairperson. All were in favor by unanimous voice vote— motion passed. APPROVAL OF AGENDA MOTION: It was moved by Jean Souza and seconded by Maurice Nakahara to approve the agenda. All were in favor by unanimous voice vote— motion i2assed. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 8/26110. Commissioner Nakahara requested a correction to his name in the 4th paragraph from the bottom on page 7 from "Nakamura" to "Nakahara". MOTION: It was moved by Eugene Punzal and seconded by Linda Dela Cruz to approve the minutes of the 8/26/10 meeting as corrected. All were in favor bx unanimous voice vote— motion passed. The Commission deferred approval of the executive session minutes of 5/27110, 6124110, and 8/12/10 until a Deputy County Attorney is present for discussion. MOTION: It was moved by Eugene Punzal and seconded by Linda Dela Cruz to defer approval of the 5/27110, 6124/10, and 8/12110 executive session meetings . All were in favor by unanimous voice vote— motion passed. ANNOUNCEMENTS Ms. Sadora announced that she received a letter inviting the Open Space Commission to a meeting regarding the Kukui`ula Development Company's test area improvements for their conservation district on Wednesday, September 15, 2010 at 2:30 p.m. at the K61oa Neighborhood Center. She stated that they are testing an area for native Hawaiian plants along the coastline near Lawa`i Kai and were requesting the Commission's participation and input in the discussions. She said the area is 2 approximately 10 acres and is located west of Spouting Horn which would include a public pedestrian trail and a new parking area on the makai side of Lawa'i Road. Commissioner Souza expressed concern that new vegetation might potentially obstruct the view of the ocean. She also noted that some of the existing non-natives plants such as beach heliotrope help to provide shade for people using the coastline. She said that she would like to attend the meeting. Chair Kinnaman stated that members of the community were concerned about the shearwaters that nest in that area. She stated that she would also try to attend the meeting. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora stated that there were no new developments to report. Commissioner Souza questioned which positions were vacant. Ms. Sadora stated that the Council appointed position is for Anahola-Ha'ena, and the Mayor appointed position is for LThu'e-Hanama'ulu. Commissioner Souza questioned if it would be possible to switch Commissioner Nakahara from the at-large position to Anahola-Ha'ena. She stated that she spoke with two people who were interested in being considered for the position but one resides in Omao and the other resides in Kekaha. Chair Kinnaman stated that it would require Council's approval. Commissioner Nakahara stated that he would be willing to do whatever would benefit the Commission. Ms. Sadora stated that she would check with the Attorney's office on submitting the request to Council. 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. Commissioner Nakahara noted that he will not be on island during the October 14, 2010 meeting. 3 Commissioner Souza noted that she may be off island during the November 18, 2010 meeting. Staff distributed copies of the tentative meeting schedule for the next calendar year. Ms. Sadora stated that the 2"d Thursdays have been reserved for Commission meetings in November and December, but the 0 Thursday in November is on Thanksgiving Day and the 4th Thursday in December is on the week of Christmas. Commissioner Souza suggested adding another meeting date in November and December. Ms. Sadora stated that November 17 and December 15 have been tentatively reserved as alternate dates. She said another option would be the first Thursdays in November and December, but arrangements for another meeting room would need to be made. Commissioner Nakahara stated that he would prefer to have consecutive meetings in November and December instead of meeting on October 27 and November 3. Commissioner Souza stated that she would be okay with adding November 17 and December 15. MOTION: It was moved by Eugene Punzal and seconded by Linda Del to advertise the position in the newspaper and interview and evaluate applicants, the Commission would like to request 75 days. She said the Mayor suggested scheduling their meeting with the Council as soon as possible. Ms. Sadora stated that she reviewed the final draft of the proposed amendments with the Deputy Planning Director who will be reviewing it with the Director for confirmation from the Department. She stated that the County Attorney's office has reviewed the language of the proposed amendments. She noted that anything in brackets is what is being added to existing language and anything underlined would be new additions to the Ordinance. She stated that Deputy Planning Director Aiu suggested that items c, d, and a on the last page be submitted to Finance Department for their input since the Council may have questions regarding those items. Commissioner Souza stated that the Mayor seemed fully supportive about the proposed changes to the Ordinance. She stated that they also informed the Mayor about several of the suggestions that have been received through the public input process. She stated that the Mayor was supportive of the Hare and Hound motor cross in the Kahili area and felt it would qualify for outdoor recreation. Review and discussion on 3111110 North shore field trip. Chair Kinnaman questioned the status of the parking situation at the Princeville Hotel. Ms. Sadora stated that Deputy Planning Director Aiu will need to initiate the communication regarding the signage and the parking enforcement. Commissioner Souza stated that she was not ready to take action on the field trip report to accept it as a final report. She suggested continuing the item on the agenda for the next meeting. NEW BUSINESS Compilation and evaluation of 2010 public input process pursuant to Ordinance No. 812 and development of an annual list of priority projects and 2010 Report to the Kauai County Council and the Mayor. Chair Kinnaman stated that the Commission was planning to establish criteria at this meeting. Commissioner Souza stated that Commissioners could make other recommendations based on their knowledge and based on public testimony that had been received. Commissioner Dela Cruz questioned the status of the salt pans and the Burns field peninsula area. 5 Chair Kinnaman stated that the salt pans are already controlled by the State. Commissioner Souza noted that the previous Administration was looking at acquiring the peninsula from the State through an executive order but the information received in community meetings was that the Mayor was considering proposals for sports fields, motorcycle tracks, and more active park use. She stated that people at the community meetings felt that the area should be left in a natural state and not made into an active park, so the property was given back to the State. She stated that the Commission is proposing a change to the Ordinance to add conserving land for open space and scenic values. She noted that the Commission's current proposal is for expansion of the Beach Park, mauka and west. She suggested asking staff if the County is going to proceed with the Commission's request to investigate expansion of Salt Pond and the Hoban access. She said that if the County does not plan to act on it, the Commission should consider keeping them on the list of recommendations for this year. Regarding Evslin, Commissioner Souza stated that she did not have favorable feelings regarding that recommendation last year. She stated that the pond that is on the property was filled with sand from the dunes that contained human remains. She stated that the owners of the land approached the Kaua'i Public Land Trust to purchase the property using the Open Space Fund so the property was on the priority list for last year. She noted, however, that purchase of both the Hodge property and the Evslin property would have completely depleted the fund. She noted that 10% of the fund is utilized for Administrative expenses, so operations of the Commission would have been affected. She stated that she still did not feel it should be included for recommendation. Chair Kinnaman agreed that it should not be included in the recommendations list. Commissioner Souza stated that she would like to include expansion of Salt Pond Beach Park and Hoban. Chair Kinnaman stated that she would like to include the Nukumoi Surf Shop TMK 2-8- 17:16 from last year. Commissioner Souza questioned the status of the Commission's recommendations for the Planning Department to prepare dossiers or investigations on the expansion of Salt Pond Beach Park, Hoban, and Nukumoi Surf Shop. She stated that the one and only accomplishment regarding the Open Space fund was the acquisition of the Hodge property because the Kauai Public Land Trust acted as the champion for that proposal. She stated that the Planning Department would need to assemble a package for the Council's consideration on projects that the Commission would like to initiate. Ms. Sadora asked what the Commission's intent was for Hoban. She stated that the Kukui`ula Development fund may or may not still be available based on what the County Attorney's office determines. 6 Commissioner Souza stated that it shouldn't take that long to determine if the fund is still available, and if it is, it should be tapped before utilizing Open Space funds. Ms. Sadora stated that there was a deadline for action to be taken for the money to be used that they were hoping to have negotiated. Chair Kinnaman stated that they recommended acquisition of the Hoban easement in the 2005 report with concurrence with the Koloa Community Association because of the deadline. She believed that the money has not yet been paid out by Kukui`ula. Ms. Sadora stated that she will seek direction from the Department and will prepare a dossier for the Commission to approve before forwarding it to Council. Chair Kinnaman stated that the previous Finance Director provided an estimate of what it would cost the County to purchase the easement. Ms. Sadora stated that she will incorporate that information in the dossier. Commissioner Souza stated that Salt Pond Park expansion would require communications with the State. She said if the State is supportive the Commission should obtain a letter from them. She said if a case isn't made well, then it might not be considered and the opportunity would be lost. Ms. Sadora stated that she wanted to be sure she was speaking with the correct people in order to prepare the package. Commissioner Souza stated that Tommy Oi from the DLNR would be able to determine which lands are State owned, and he would be able to explain the process to terminate or implement leases. She stated that it would be helpful to have the steps laid out for Council to consider. Regarding the Nukumoi Shop, Commissioner Souza stated that the Commission would like to know if the funds can be used to lease the property instead of purchase. Commissioner Punzal stated that the Nukumoi property is the true entrance to the heiau that is located behind the shop. He stated that the Commission believed that the lease may be expiring which prompted the sense of urgency. Ms. Sadora stated that there was ongoing activity with that property. Commissioner Souza stated that if there is an agreement being negotiated that would be great, but the Commission would like more information so they could know how to proceed. 7 Commissioner Punzal stated that he would like to add Coco Palms to the list for consideration. He noted that the fund would be insufficient to purchase the property, but he felt it should be listed as a target. Chair Kinnaman questioned the criteria that the Commission used last year. Ms. Sadora stated that she believes that Commission categorized the recommendations by percentage and feasibility, as well as consideration of what each Commissioner felt should be a part of the list, and then a tallied vote. Commissioner Souza pointed out that the fund is still limited. She stated that since the Hodge property was the only accomplishment, she recommended the Commission consider projects that are doable, and place the bigger projects on the long range plan. She stated that the long range plan would meet the needs that the Commission perceives can't be achieved with the annual acquisition list. Commissioner Punzal questioned the annual disbursement amount. Commissioner Souza stated that the annual amount is usually around $300,000 depending upon the real estate activity. The Commission reviewed and culled the analysis from the public input survey. Commissioner Nakahara stated that he would be interested in Kauapea if it is feasible. He noted that Secret Beach and Queen's Bath are inundated with tourists every day. Commissioner Dela Cruz noted that Secret Beach and Queen's Bath are advertised in the Ultimate Guide book. The Commission agreed to include the following recommendations from the public input analysis for further discussion and consideration: • Kauapea or Secret Beach access • Coco Palms • Lepeuli Ancient Alaloa Puolu Point • 2179 Hoone Road (Po'ipu Beach Park) • Makai end of Haupu Ridge • Mauka of Salt Pond Park • Port Allen to Lawa'i Kai • Knudsen/A&B Mauka of Highway Commissioner Souza felt it would be good to indicate if the sites from this year's list were included on the lists from the previous years and include the number of respondents. 8 NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Kinnaman stated that the Commission will continue to review the culled list of recommended sites and have a Commission education session from the DLNR on the next agenda. SELECTION OF CHAIR AND VICE CHAIRPERSON (Con't) Staff reported that Commissioner Ventura was willing to serve as Vice Chairperson. MOTION: It was moved by Jean Souza and seconded by Eugene Punzal to close nominations and accept Johanna Ventura as Vice Chairperson. All were in favor by unanimous voice vote-- motion 2assed. ADJOURNMENT MOTION: It was moved by Jean Souza and seconded by Linda Dela Cruz to adjourn the meeting. All were in favor by unanimous voice vote--motion passed. Meeting adjourned at 4:40 p.m. Respectfully submitted by: ,0�, ailula Duke Nakamatsu, Support Clerk 9