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HomeMy WebLinkAbout2010-01-28 Open Space Commission Minutes COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Lihue Civic Center, Moikeha Building, Meeting Room 2A/213 MINUTES A regular meeting of the County of Kaua'i Public Access, Open Space & Natural Resources Preservation Fund Commission of the County of Kauai was held on January 28, 2010, in the Lihue Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Jean Souza, Chairperson, Tessie Kinnaman, Vice Chairperson, Beryl Blaich, Linda Dela Cruz, and Eugene Punzal. The following Commissioners were absent: Puna Dawson, Johanna Ventura, and two (2) vacancies. The following staff members were present: Nani Sadora, Imai Aiu, Duke Nakamatsu, and Deputy County Attorney Ian Jung. SWEARING IN OF NEW COMMISSIONER Commissioner Linda Dela Cruz was sworn in by County Clerk Peter Nakamura at 1:12 p.m. CALL TO ORDER Chair Souza called the meeting to order at 1:15 p.m. APPROVAL OF AGENDA The Commission agreed to take Item VI A as the first business item. MOTION: It was moved by Tessie Kinnaman and seconded by Beryl Blaich to approve the agenda. All were in favor by unanimous voice vote — motion passed. 1 NEW BUSINESS Report from Mona Clark, Deputy County Attorney's office regarding acquisition of Lot 12 in the Niulani Subdivision. Deputy County Attorney Mona Clark briefed the Commission on the acquisition of Lot 12 in Kapa`a, at the intersection of Ala and Niulani roads. She stated that the property was owned by Lillian Clayton Brewer and provides access to the beach. She stated that the environmental impact assessment for the bypass road included the acquisition of the two roads and Lot 12. She stated that the successor trustee, Bank of Hawai'i, has agreed to quick claim it to the County for $10. Commissioner Kinnaman questioned if it was an improved access. Deputy County Attorney Clark stated that the County does not have any immediate plans for improvements. Commissioner Kinnaman questioned the width of the access. Deputy County Attorney Clark stated that she believed the access is 5 feet wide and 75 feet long. Chair Souza thanked Deputy County Attorney Clark for the information and update. APPROVAL OF MEETING MINUTES — regular meeting minutes of 12/22/09. MOTION: It was moved by Beryl Blaich and seconded by Eugene Punzal to approve the 12/22/09 meeting minutes. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS Ms. Sadora welcomed Commissioner Linda Dela Cruz as the new Mayor- appointed Commissioner representing Waimea-Kekaha. UNFINISHED BUSINESS Status of Commission staffing and filling of vacant Commissioner Positions. Chair Souza asked Commissioner Dela Cruz if she would like to say a few words as an introduction. 2 Commissioner Dela Cruz stated that she is from Kekaha, and was raised in Port Allen. She stated that she is the front office manager for the Waimea Plantation Cottages. She created the First Ditch Park in Kekaha and the Kekaha Gardens Park. Chair Souza stated that the Commission was happy to have her on board. She said that the Commission is awaiting an appointee from the Council before they can appoint their ninth member. Ms. Sadora stated that the Council is still working on their appointee and will keep the Commission updated. She stated that she last spoke with Council Services about two days ago. Update and Discussion of the Commission's work plan/timeline of events and activities through 2010, to include potential field trips, future Commission education topics, and scope and timing of the facilitated review of the Commission's vision, goals, direction, priorities, processes, and proposals. Chair Souza stated that the Commission visited the Hanalei to Ha'ena area on their last field trip and will be visiting sites east of Hanalei. She asked Commissioner Blaich for suggested sites to visit. Commissioner Blaich felt that the Commission may be interested in visiting the Papa'a Bay area. She stated that the County has an access on the point, but there are legal actions involved in finalizing the use of the access. She also recommended visiting the access to Ka'aka'aniu. She said there are a lot of requests for access at Pila'a and requested that staff verify that there is an access there. She said that there is an issue regarding access to 3rd Beach at Kauapea on the West side of the Kilauea National Wildlife Refuge. She said that the Commission looked at what was on the subdivision maps during their first visit to the North Shore. She stated that the County was in discussions about possible access to that area. She suggested that the Commission could go into the scenic area of Sea Cliff Plantations for an overview. She said the other access to Kauapea Beach is on the list of accesses with unresolved issues. She disclosed that her family was part of the property owners that own the access that is actively in use and maintained by the County but has not been transferred. She said there is nothing preventing access, but the Commission is welcomed to stop there. She said that 'Anini may have issues in the future since the Princeville lands above will be looking to establish access to 'Anini. She said the Princeville area is a big black hole. She stated that there are a number of beaches at the bottom of the coast and that the Saint Regis Hotel has changed the parking situation. She said the nine parking stalls fill up rapidly for access to Hideaways and they are inadequate. She said there are other beaches going back toward Lihu'e, including Queens Bath. She said if you are outside of the allotted parking spaces, they place a boot on your car and it discourages use of 3 the accesses. She said there is also concern about the end of Ohiki Road in Hanalei that accesses the forest reserve. She stated that people have reported that it is gated and there are dogs there. She suggested that it may be an Opala issue that could be investigated separately. She asked the Commission if they had any other suggestions or requests. Commissioner Punzal questioned the lands in the Kilauea area that the Land Trust was trying to acquire. Commissioner Blaich stated that the Land Trust was able to preserve 5 acres on the beach around Kilauea Lighthouse and there is a Federal grant to help preserve a 20 acre parcel on the right side of Kilauea Bay. She said there is a parcel on the left side of the Bay that has also been preserved. They were hoping to preserve 161 acres on the Kilauea side of the river, but the Planning Commission allowed an SMA permit for a home to be built. She said they had also hoped to be able to use the trail to the waterfall but it was also not allowed in the SMA permit. Chair Souza suggested that the Commission drive by some of the roads in Princeville to get a sense of the signage, the view, and the inability to stop and get out of the car because of the Princeville internal rules. She stated that she can suggest a couple of places like the Cliffs. She questioned how long it would take to walk down to Queen's Bath. Commissioner Punzal stated that it may not be safe to walk to Queen's Bath since the waves go over the walking path. Commissioner Blaich stated that this would be the wrong time of the year to go to Queen's Bath due to the waves. She stated that they could walk the beginning part of the path. Chair Souza asked if the Commission could meet somewhere closer to the North Shore if Commissioners from the North Shore would be required to make quorum. Commissioner Blaich suggested the Commission could convene the meeting at Anahola Beach Park. She asked staff to check on the status of negotiations regarding the Kauapea Beach 4 access and stated that it would be great if they could take a look at possible access alignments. If not, she suggested that they could go into the Seacliff Plantation subdivision to overlook the area. She stated that she was not able to locate a fisherman's access to Pla'a. She asked staff to verify the access there. Chair Souza stated that instead of going into Hanalei Valley to view some of the mauka issues, they could view it from the proposed overlook. She asked Commissioner Blaich to provide a schedule and itinerary at the next meeting. She stated that she's not interested in going to Queen's Bath unless they can go all the way down. She stated that she would like to see Hideaways, and drive 4 through some of the side roads. She asked Commissioner Punzal for suggestions. Regarding the calendar for the year, Chair Souza stated that the Commission is working with facilitator Nadine Nakamura to help clarify the Commission's role and to assist in dealing with certain issues. She stated that Ms. Nakamura has approximately 12 hours remaining in her contract and will need to meet with the Council and the Administration. Chair Souza suggested scheduling one orientation meeting with the Commission, then a meeting with the Council and possibly the Administration. She suggested reviewing what has been done and readdress what the Commission believes are the problems or issues that need to be addressed and prioritize them, figure out the next steps and schedule, and understand what the expected products are. She felt that it would be ideal for all of the Commission to meet with all of the Council and Ms. Nakamura. She suggested that Deputy County Attorney Lani Nakazawa be present on the meetings with the Administration. She felt that the entire Commission should participate in the meetings since some of the Commissioners' terms will be ending and the newer Commissioners will need to have a better understanding to carry things forward. Commissioner Blaich suggested placing deadlines on the schedule and pointed out that the Commission is planning to submit one report on the process as well as a report of their annual recommendations. Commissioner Kinnaman stated that the Council generally usually begins their budget process in March. Chair Souza suggested that the Commission may need to consider changing one of the meeting days to accommodate the Council's schedule. She suggested meeting with the Council some time in February, before they begin their budget meeting, then the Commission can try to meet with the Administration in subsequent months. She requested that staff follow up with Council on possible meeting dates. The Commission agreed to target May and June for the public input process for the 2010 report and PR plan, and July and August for the data analysis. They agreed to target October as the 2010 report review, and then December for the final report. Ms. Sadora stated that the Hawai'i Congress of Planning Officials annual conference will be held on Kaua'i on August 30th and 31 st at the Hyatt. She said that they are considering healthy living as the theme. Chair Souza stated that she hopes that all of the Commissioners will be able to participate. Ms. Sadora stated that the Planning Department is proposing to include all of the Commissions. 5 Regarding meeting with the Council, Ms. Sadora stated that County Clerk Peter Nakamura suggested meeting with the Council members individually. Chair Souza pointed out that Ms. Nakamura has only 12 hours left on her contract. She suggested meeting with Council members, then having a debrief of those meetings, and a final meeting on recommendations. She suggested targeting submittal of the report by July. She would also like to see the Commission address how sea level rise will affect their acquisition strategy for their recommendations. She also reminded the Commission that they will be including findings related to the Opala issues in the next report, as well as recommendations for enforcement. She questioned staff about current development plans, and the general plan review. She stated that the Commission could ask the Planning Department to prepare dossiers to be submitted to the County Council for action. She said the Commission may want to consider dossiers for the Hoban access and the Salt Pond Park expansion and protection of the salt pans. Commissioner Blaich stated that she would be interested in informational meetings on alternative conservation financing. She questioned the status of the current development plans and if there were any plans anticipated for 2011. Deputy Planning Director Aiu stated that the Lihu'e Town Core plan is under consideration at the Council. He stated that additional funding has been received for the finalization of the Kapa`a/Wailua plan. He stated that they have just completed a scope of work for the Lru'e District Development plan and work should begin in 2010 and is expected to take approximately 18 months. He said a new scope of work for the Koloa Development plan has been proposed to the consultant, and that the Important Ag Lands study had their first advisory committee meeting last week. Chair Souza questioned the General Plan review and the CZO update. Deputy Planning Director Aiu stated that there have been discussions about including the General Plan review in the upcoming budget. He said the CZO update is currently under administrative review of the final draft. Chair Souza requested a 20 minute summary on the CZO as it relates to the broad interpretation of Open Space. Commissioner Blaich stated that the Commission would be interested in changes to the constraint district and open zone. Chair Souza stated that they would also be interested in coastal setbacks and cultural and natural resource areas and hazard areas. 6 Commissioner Blaich suggested receiving copies of the CZO at the next meeting, reviewing it for a month, identifying areas that they felt intersected with their roles, and have a report from staff in March. Chair Souza suggested a half hour presentation on the CZO and half an hour on the Important Ag Lands for the March 11th meeting. Commissioner Blaich stated that she attended the first committee meeting for the Important Ag Lands and that it would be good to understand the legislation that created the movement to codify important ag lands and the process ahead. She said a team from the University of Hawai'i did a pilot study testing a methodology. She said they are trying to apply a process to the entire island and that Kaua'i is the pilot island. She said the committee is refining the criteria and reviewing the study. Discussion of priority sites with unresolved issues from "Public Access, Open Space, & Natural Resources Preservation Fund Commission 2005 Report to the Kaua'i County Council" Appendix D1. Chair Souza stated that in the Commission's first report to the Council and the Administration there were many unresolved issues that they felt needed to be handled before they could acquire new properties. She stated that the Planning Department has committed to including a report in the 2010 report to the Council and Administration. She stated that the Council is very supportive of the investigation and report. Commissioner Blaich pointed out that the list of 16 issues should be grouped into State or County owned sites. Chair Souza suggested including one section stating the issues, another section on fact finding and status, and another section on next steps if needed. She asked Commissioner Blaich if she would like to categorize the list. Commissioner Blaich stated that the missile range is Federal, Cartwright trail is State, Moalepe is State, Old Anahola Landing is DHHL, and Hundley Road is DHHL. Commissioner Punzal suggested adding Papa'a Bay to the list. Commissioner Blaich suggested adding Kauapea Beach West and Ka'aka'aniu to the list. Chair Souza suggested adding Alexander Dam Road. Commissioner Kinnaman suggested adding the Kuhi'o Shores next to the Beach House restaurant. She stated that as a condition of building a wall, they were supposed to include a public pathway from Lawa'i Beach Road along the wall, 7 connecting with the Beach House pathway. She stated that it involves enforcement of a condition. Commissioner Blaich stated that regarding PMRF, one of the areas of concern was First Ditch. Commissioner Dela Cruz stated that the First Ditch area is closed when there are operations, otherwise it is accessible. Chair Souza asked if staff could provide a status report by May. Ms. Sadora stated that would give her enough time to determine in the next couple of months whether or not the information will be easily available. The Commission requested that staff check on room availability for possible meetings on December 2 and December 16 instead of December 9, and the possibility of another meeting date in November. 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. Deputy County Attorney Jung requested deferral of this item until Deputy County Attorney Dahilig returns so he can go into depth on his opinions. 8 NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Souza requested meeting with Ms. Nakamura at the next meeting as well as executive session with the County Attorney regarding the Commission's powers, duties, immunities, and/or liabilities. She requested receiving the field trip schedule in advance of the meeting. She requested that Commissioners come to the meeting prepared and pointed out that the Commission rules state that Commissioners shall speak no more than twice on the same question. She requested an agenda item related to asking staff to prepare dossiers for Council action related to possible Hoban access and Salt Pond Beach Park expansion and salt pan preservation. She suggested a presentation on sea level change in June. Chair Souza stated that item VC can be removed from the next agenda. She requested keeping the discussion on the Commission's work plan/timeline, as well as the update on the status of filling vacant Commissioner positions. Commissioner Blaich requested updates on Kauapea East, Ka'aka'aniu, and Papa'a Bay. ADJOURNMENT MOTION: It was moved by Tessie Kinnaman and seconded by Eugene Punzal to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. Meeting adjourned at 4:33 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 9