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HomeMy WebLinkAbout2010-01-14 Open Space Commission Minutes COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Lihue Civic Center, Piikoi Building, Meeting Room A 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 January 14, 2010, in the Lihue Civic Center, Pi'ikoi Building Meeting Room A. The following Commissioners were present: Jean Souza, Chairperson, Tessie Kinnaman, Vice Chairperson, Beryl Blaich, Puna Dawson, and Eugene Punzal. The following Commissioners were absent: Johanna Ventura and three (3) vacancies. The following staff members were present: Nani Sadora, Imai Aiu, Shanlee Jimenez, and Deputy County Attorney Mike Dahilig. CALL TO ORDER Chair Souza called the meeting to order at 1:10 p.m. APPROVAL OF AGENDA The Commission agreed to take Item VD as the first business item. MOTION: It was moved by Tessie Kinnaman and seconded by Puna Dawson to approve the agenda. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES — regular meeting minutes of 11/25/09, 12/10/09, and 12/22/09 and executive session minutes of 11/25/09. Regular meeting of 11/25/09 — approved. MOTION: It was moved by Beryl Blaich and seconded by Eugene Punzal to approve the 11/25/09 meeting minutes. All were in favor by unanimous voice vote — motion passed. 1 Regular meeting of 12110/09 — approved as amended. Regarding paragraph 3 on page 4, Commissioner Blaich clarified that "the trail was on the other side of the adjacent property owner's (Hanwright's) fence. MOTION: It was moved by Beryl Blaich and seconded by Eugene Punzal to approve the 12/10/09 meeting minutes. All were in favor by unanimous voice vote — motion passed. Regular meeting of 12/22/09 — deferred. MOTION: It was moved by Tessie Kinnaman and seconded by Beryl Blaich to defer approval the 12/22/09 meeting minutes. All were in favor by unanimous voice vote — motion passed. Executive session meeting of 11/25/09 — approved. MOTION: It was moved by Beryl Blaich and seconded by Eugene Punzal to approve the 11/25/09 executive session minutes. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS There were no announcements. NEW BUSINESS Review of opinions from the County Attorney's Office pertaining to the authority, duties, and proposals of the Commission. Executive Session: Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session was to consult with the County's legal counsel on questions and issues relating to the above item. This consultation involved consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. 2 MOTION: It was moved by Beryl Blaich and seconded by Tessie Kinnaman to move into executive session. All were in favor by unanimous voice vote — motion passed. The Commission moved into executive session. UNFINISHED BUSINESS Status of Commission staffing and filling of vacant Commissioner Positions. Ms. Sadora stated that the Mayor-appointed, Westside Commissioner, Linda Dela Cruz, will be sworn in at the January 28, 2010 meeting. Compilation and evaluation of the 2009 public input process pursuant to Ordinance No. 812 and the development of an annual list of priority projects and 2009 Report to the Kauai County Council and the Mayor. Deputy Planning Director Imai Aiu joined the meeting. The Commission reviewed the final daft of the report. Regarding "Commission Recommendations", Chair Souza added the sentence "Consult the property abstracts in the appendix for diagrams/photos of the properties identified in this chapter". Commissioner Blaich questioned if the Commission received clarification from the County Attorney's office on whether the Open Space funds could be used to acquire leases. She reminded the Commission that if the funds could not be used to acquire leases, the fund would be insufficient to purchase the Nukumoe parcel. Chair Souza suggested adding a sentence stating that the Open Space funds could be used to acquire the land lease, other encumbrance, or purchase the fee. She stated that it would provide flexibility to explore other opportunities. MOTION: It was moved by Tessie Kinnaman and seconded by Eugene Punzal to switch the priority order of recommendations 3 and 4. All were in favor by unanimous voice vote — motion passed. Regarding "Other Commission Recommendations", Commissioner Blaich stated that at a previous meeting, Commissioner Ventura requested recommending an 3 increase to the annual contribution to the fund. Commissioners Blaich and Ventura proposed language to be included as Section D. Chair Souza stated that she was not in favor of increasing the contribution to the fund since the County is considering furloughs and other measures. She felt that taking away property taxes that could go into the general fund would be a detriment to operations of the County. She did not feel that it was the right place or time to propose an increase to the fund. She reminded the Commission that the problem was identified in the 2006 report. She felt that in the schedule of activities for 2010 the Commission would be looking comprehensively at operations and that it could be addressed at that time. Commissioner Blaich stated that she was in favor of suggesting an increase to the contribution to the fund. She stated that although she felt it would be unlikely, it would be another reminder of one of the needs of the County. Commissioner Punzal felt that it would be a good idea to plant the seed that more money is needed to be more efficient in acquiring properties. Commissioner Dawson stated that although the recommendation was included in the 2006 report, she felt it was important to continually express their need for more assistance. MOTION: It was moved by Beryl Blaich and seconded by Eugene Punzal to include section (D) recommending an increase to the annual contribution to the fund. Voice vote was split 3 in favor, 2 opposed - motion not passed. Ms. Sadora stated that she still needed to update some of the land values on the abstracts. Regarding accesses, she asked if the Commission would like to identify the actual accesses within the abstracts. Commissioner Blaich stated that it may not be possible in many circumstances because the Commission may believe that the accesses are in certain places, but may be open to acquiring slightly different alignments. She stated that the issue is that they are trying to acquire accesses to those parcels. Regarding the Black Pot Park Expansion abstract, Chair Souza recommended deleting the first bullet point. She suggested that the second bullet point become the first bullet point and inserting "In addition to the Hodge property that the Council approved in 2009, there are other lands adjacent to or near the beach park that provide park expansion opportunities" as the second bullet point. Commissioner Blaich stated that the third bullet point could be deleted since it's repetitive with the first bullet point. 4 Chair Souza suggested editing the last bullet to "Support efforts by Kaua'i Public Land Trust to support acquisition of the Hodge property". Regarding Salt Pond Park Expansion, Chair Souza recommended reordering the second bullet point as number one so the intent is stated first, and then the specifics. Regarding CGB/Evslin, Commissioner Blaich suggested adding "cultural site protection" to the recommendation bullet. Regarding Nukumoe Surf Shop, Chair Souza suggested deleting the first two printed bullets. She suggested that the first bullet point include that the parcel is adjacent to County owned land and is part of the culturally significant Kaneiolouma heiau of Po'ipu. She suggested adding "acquire the land lease, or other encumberances, or purchase the fee to expand efforts to restore, interpret, and protect this important cultural place". Commissioner Kinnaman stated that the Hoban recommendation would be for access to Kukui'ula Bay through the former Hoban property. Regarding the field trip report, Chair Souza stated that she made the edits that the Commission agreed to at the last meeting. She also included a list of sites visited on the second page. For the photos labeled as "Ha'ena", the Commission agreed to label them specifically as "Makua/Tunnels". Commissioner Blaich disclosed that she works as a part time consultant for Malama Mahaulepu, and she is married to Dr. Gary L. Blaich who is the vice president for the Kaua'i Public Land Trust and that he receives no money for being part of the Land Trust. Regarding the proposed increase to the fund, Commissioner Dawson stated that she has really enjoyed being on the Commission, but stated that in all the years, there has never been a vote that did not encompass the thought of the entire group. She stated that the Chair has been and excellent leader, but she would have preferred to have the expression of the group be unanimous. She didn't feel that the consensus of the group was being expressed. She expressed respect of the Mana'o of everyone, especially the Chair. Chair Souza stated that she appreciated Commissioner Dawson's comment. She said that the topic had been discussed at the previous meeting, and she said that she had expressed her feelings then. She expressed concern regarding perception. She stated that she didn't feel like it was the right time to ask for money when there was % of a million dollars in the fund and people might be cut due to Furloughs. She said if the County would not be able to pay for caretakers or even the staff, she didn't feel the report was the appropriate document to express it. She felt that during the Commission's work with Ms. Nakamura it can 5 all be put into perspective and addressed as part of a comprehensive package. She stated that the Mayor has announced that there will be Furloughs, and she didn't want the headlines to potentially read that the Open Space Commission feels it should increase its fund at a time when furloughs are proposed this summer. She said at least 3/4 of a million was better than nothing and they can still do things with that money. Commissioner Blaich stated that she accepted the Chair's explanation and expressed appreciation for her feelings, but that she objected to the reasoning. She agreed that furloughs are terrible, but felt that access to open space and open places and public parks are the true wealth which has nothing to do with how much money is available or not, and she views them as a sound investment. She stated that in the report, they suggested other ways of acquisition, but they had no concrete examples. She said she hopes that in the Commission's work with Ms. Nakamura they can concretize other suggestions. She stated that the Commission needs to find out what it takes to give a property owner a break in taxes if they provided public access. She said many owners argue that if they provide access through their property that their property value should be less. She said there are park dedication funds available and questioned if it can be used for acquiring Hoban. She stated that she believed that investing in open space is for everybody. Chair Souza stated that she respects what Commission Blaich stated. She believed that it would be a step backward in the long run if they suggested it. Commissioner Blaich stated that Commissioner Ventura put it forward because she felt it was the Commission's responsibility and that is why they made the effort. She expressed respect for the Chair's opinions. Commissioner Kinnaman disclosed that she is a member of Hui Malama O Kaneoiolouma. Chair Souza recommended that if there are any disclosures, they should be done early. MOTION: It was moved by Beryl Blaich and seconded by Tessie Kinnaman to adopt the final report with all of the revisions that have been made. All were in favor by unanimous voice vote — motion passed. Chair Souza stated that they will be expediting the publication and transmittal of the report. She volunteered to draft the cover letter. She asked staff it the report would be distributed prior to the next meeting. Ms. Sadora stated that if they can finalize the abstracts and field trip report she can get an estimate and timeline from the printers. 6 Chair Souza stated that staff will still need to obtain price quotes and a purchase order. She requested that staff draft a press release for review at the next meeting with talking points. Update and discussion of the Commission's work plan/timeline of events and activities through 2010, including potential field trips, future Commission education topics. Chair Souza questioned when the Commission wanted to do the second North Shore field trip. Commissioner Blaich stated that she would be rotating off of the Commission in May, so she suggested February or March. She stated that she can start working on an agenda and suggested starting from Princeville. Chair Souza stated that Commissioner Dawson's 90 day holdover expires in March and suggested that they conduct their field trip in February. Commissioner Blaich suggested targeting June for submittal of their second report with Ms. Nakamura. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Souza stated that work with Ms. Nakamura is now a priority since the report has been adopted. ADJOURNMENT MOTION: It was moved by Beryl Blaich and seconded by Puna Dawson to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. Meeting adjourned at 3:52 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 7