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HomeMy WebLinkAbout2010-02-11 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 February 11, 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, Eugene Punzal, and Johanna Ventura. The following Commissioners were absent: Puna Dawson, Linda Dela Cruz, and two (2) vacancies. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Michael Dahilig. CALL TO ORDER Chair Souza called the meeting to order at 1:35 p.m. APPROVAL OF AGENDA MOTION: It was moved by Beryl Blaich and seconded by Tessie Kinnaman to approve the agenda. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES — regular meeting minutes of 1/14/10 and executive session minutes of 1/14/10. Regular meeting of 1/14/10 —Approved. MOTION: It was moved by Beryl Blaich and seconded by Tessie Kinnaman to approve the 1/14/10 meeting minutes. All were in favor by unanimous voice vote — motion passed. 1 Executive Session minutes of 1/14/10 — Deferred. MOTION: It was moved by Beryl Blaich and seconded by Eugene Punzal to defer approval the 1/14/10 executive session minutes. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS There were no announcements. UNFINISHED BUSINESS Status of Commission staffing and filling of vacant Commissioner Positions. Ms. Sadora stated that Council Services is still working to fill their vacancy and are aware that Commissioner Blaich's term will be expiring. Chair Souza questioned the status of the Mayor appointed vacancy. Ms. Sadora stated that the Administration has already been advised that Commissioner Dawson's term has expired and they are working to fill that vacancy. Chair Souza requested asking the County Clerk when they expect to fill the Council appointed vacancy. She suggested asking the County Attorney's office for an exception on filling the Commission appointed position. Commissioner Ventura suggested that the Chair write a letter to the Council Chair explaining their issues with quorum and the need for eight seated commissioners in order to appoint the ninth. MOTION: It was moved by Johanna Ventura and seconded by Beryl Blaich that the Commission Chair writes a letter to the Council Chair regarding filling the Council appointed position. All were in favor by unanimous voice vote — motion passed. 2 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 is going to be aggressive in the 2010 schedule and that materials will preferably be handed out at the meeting prior so that Commissioners will have time to review it in advance. She noted that the staff has been asked to provide a presentation on March 25th, regarding the current CZO and whatever updates they would be able to provide on the Important Ag Lands. Commissioner Blaich stated that there are about five sections for the major zoning categories. She stated that the Commission would be interested in Agriculture and Open Lands. She noted that there is a section on constraint districts, and special treatment districts in open lands. She questioned whether there was sufficient definitions and if they were consistent with the subdivision ordinance. Chair Souza stated that they were hoping to discuss the public input process in April and implement it in May or June. 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. MOTION: It was moved by Beryl Blaich and seconded by Johanna Ventura to move into executive session. All were in favor by unanimous voice vote — motion passed. The Commission moved into executive session. NEW BUSINESS Discussion of itinerary of sites for the upcoming North shore field trip, including logistics and discussion of issues relevant to sites on the trip itinerary. (Public input was received). 3 The Commission received testimony from public members Hope and Tim Kallai. Ms. Kallai stated that she is a member of Malama Moloa'a and the Kilauea Neighborhood Association. She stated that some members of the Sierra Club presented information about a CDUA application on Lepeuli that was for an after the fact permitting situation that has potential to impact two separate trails of concern to the Klauea community; the mauka makai County right-of-way and the alaloa around the whole island. She said the Paradise Ranch is applying for Federal funds to fence off the makai portion of the ahupuaa landholding of Waioli Corp. She said the Kilauea community found out about it about a week before the closure period of the comment period and there has been confusion about the County right-of-way because what the public has been using for years was in the wrong place. Commissioner Ventura questioned if Ms. Kallai was speaking as a private citizen. Ms. Kallai said that they heard about the situation while wearing other hats, but they were testifying on behalf of their children and grandchildren. She asked if the Commission's field trip would be open to the public. Commissioner Blaich stated that the public can meet the Commission at designated stops and point things out, but the Commission would not be able to have discussion while on the field trip until subsequent meetings. Ms. Kallai stated that they were a part of the Kaleo program and thought that there was a clear vision of a trail around the island reviving the whole trail system. She said the coastal alaloa was one of the first things noted on the early maps. She said they just became aware that there is only 40 feet of County beach access between Anahola and the Kilauea River, but proof of the alaloa exists throughout map history. She said the Ka'aka'aniu reef system fronts 3 ahupuaas; Ka'aka'aniu, Lepeuli and Waipake, and it is probably the best reef for limu and fishing. She said that Queen Lili'uokalani signed a highways act in November of 1892 and anything in existence then became public. She said there has been fencing of the trail in a dangerous location and you are no longer able to access Ka'aka'aniu from Moloa'a. She said that when they tried to go down what they thought was the County right-of-way Police officers told them they would be arrested if they proceeded. She said the County issued an SMA minor and stipulated that the project does not block the County right of way or the coastal alaloa. She stated that the cultural sites contiguous to this trail system are one of the oldest sites in the Koolau district so there is a lot of archaeological significance. She said the Na Ala Hele minutes in the 1990s discuss the area as being one of the oldest archaeological sites in Hawai'i. She referenced a story written by Bill Huddy for Kamehameha Schools stating that limu pickers would start at Moloa'a and go all the way to Kalihiwai. She said the County has been maintaining a trail that isn't in their legal right of way and there is a fence that has been put up in the conservation district that blocks public access. She stated that the Paradise Ranch is asking for $73,500 of public funds to put up a fence line in the conservation district that would cut off both trails. 4 Commissioner Ventura questioned what agency the funds were being requested from. Ms. Kallai stated that the funds were being requested from NRCS. She said they have a conservation plan identifying it as upland habitat and wildlife enhancement. She noted that albatross are not mutually compatible with cows. She stated that there are errors in the conservation plan and the public has not been allowed to comment on it. She stated that all of the history, biology, and erosion have been done by the applicant's attorney. Commissioner Ventura questioned the bird sanctuary sign in the PowerPoint slide. Ms. Kallai stated that the photo was taken on the other side of the Hanwright property in Ka'aka'aniu. She noted that albatrosses are not an endangered species, but the private land owner has fenced off the property indicating that there are endangered birds. She said that Ka'aka'aniu is the only managed marine area that has documentation of 100 years of tending to the limu. Commissioner Blaich noted that there was a public comment period, but there was no public hearing. Ms. Kallai stated that the public comment period was closed on October 23rd, and the agency public comment period is still open until approved or until February 23rd passes. She noted that there was no public hearing, public input, or cultural user input. She said there were kuleana lands but they have not looked for archaeology. She felt it needs to be opened up to the community. She stated that the DLNR has received 50 responses, but don't ever reply. She stated that all responses have been from the applicant's attorney. She stated that there are lineal descendants of the kuleana lands that haven't been asked. She noted that the County could request that the State reseat the Kaua'i faction of the Na Ala Hele. She said that Kaua'i is the only island without a Na Ala Hele committee. She noted that Aunty Loke couldn't access the reef to weed the limu. She felt that the community should talk about it before allowing access to be cut off to the two trails. She thanked the Commission for their time and encouraged the Commission to view the situation during their field trip. The Commission received testimony from Peter Waldo. Mr. Waldo distributed copies of the correspondence from Councilwoman Kawahara to Laura Thielen, Chair of the Board of Land and Natural Resources and a TMK map from 'Aliomanu to Moloa'a Bay. He stated that the section north of Moloa'a Bay was originally addressed by the Courts in 1932 as having a trail reservation in the deed for the property over and across the land, along the high water mark, the location to be determined by the Commissioner of Public Lands. He stated that the DLNR is now what used to be the Commissioner of Public Lands. He noted that section of trails was transferred to the Na Ala Hele State 5 trails system. He said the trail from Moloa'a Bay goes along the bluff to the sign where the trail is fenced off. He said he lived there for 15 years and always was able to pass through. He noted that the whole central coastal strip is still owned by the State. He said that Larson's Beach Road is open, but once you leave the parking lot it is accessible for about 100 feet, then it is fenced off and you are not able to get to the County owned right of way. Commissioner Blaich noted that the fence is the next property owner's fence, but the puzzlement to the public is that the true access that the County purchased is somewhere on the other side of the fence. According to the landowner the access that everyone was using is not where the access was supposed to be. Deputy County Attorney Dahilig clarified that the County surveyor has placed pins where the recorded access is. He stated that the recorded access starts off at the end of the road but runs diagonally through the fence line. He said theoretically the access is accessible if you go around the tree, but he said that the concern that the public has raised is that the trail over the rocks is precarious and ends up in a tidal area that sometimes has sand and sometimes does not. He said the customary access has been on private property. He said the legal trail can be accessed around the tree which would be about 30 to 40 yards of path on the other side of the fence. He stated that there are some other legal matters that are currently in discussion. Commissioner Blaich asked about the Northerly section of Ka'aka'aniu and whether Mr. Waldo was familiar with a fisherman's access. Mr. Waldo stated that they had a meeting regarding shoreline certification a few months ago and the manager of Falco Limited Partners property at Waipake adjoining the Waioli property stated that they were required to establish a public access as part of their subdivision approval. They indicated that it is along the boundaries between the two properties and the parking would be up at Koolau Road. He didn't believe it was final. Commissioner Blaich questioned access to P7a'a Beach. Ms. Kallai stated that there is barbed wire to the rocks going down into the ocean. She stated that only people who can get through the gate can access the beach but it is rough. She stated that there is a 10 foot County easement on Waiakalua that connects to the Kapinao 8 foot easement that goes lateral. She stated that there are only a few missing links in the entire lei of trail from Llhu'e to Kilauea Point. She noted that access to the shoreline laws prohibit fencing down to the boulders obstructing lateral beach traffic. She stated that P1a'a needs beach access and pointed out that there isn't much County controlled beach access along this stretch. Commissioner Ventura noted that the graphics and data that Ms. Kallai presented today are available in her December 10th communication to the Commission. 6 Chair Souza thanked the public for their testimony. She clarified that the Commission does not allow lobbying during the field trip. She stated that the public can present testimony at other meetings in which the field trip is discussed. She stated that the Commission will be starting the meeting on the field trip day, and the public would be able to attend the meeting to testify, and meet the Commission at designated times along the route, but they would only be able to present information, not lobby due to Sunshine Law requirements. She said that the information that was presented provided good background. (5 Minute Break) Commissioner Blaich stated that they could take a while at Ka'aka'aniu because there are three trails to assess. She stated that if the Commission wants to go to Moloa'a, they would need to get out of the car to see where the trail starts, but not walk the trail. She stated that the trail historically went all the way to Larson's but the trail is fenced off half way. She said they can look at the Bay and the direction that the trail goes which should take 30 minutes, or they could go straight to Larson's and see where the trail should go. She noted that Commissioner Dela Cruz had never been to Rock Quarry Beach and questioned whether the Commission wanted to view it. Chair Souza stated that she would be okay with a drive by. Commissioner Kinnaman questioned Pla'a. Ms. Sadora stated that she had provided information to Deputy County Attorney Dahilig for follow-up on what would be necessary to visit that area. Commissioner Blaich stated that they would be able to drive by the Kauapea Beach Road. She suggested stopping at 'Anini for lunch and arrive in Princeville by 1 pm. She felt they should view the hotel situation, the challenges of the Queen's Bath access, and the parking situation. Chair Souza suggested driving by the cliffs to view the no parking signage. She requested that staff follow-up on permission to drive on the roadways. Commissioner Blaich also stated that there have been complaints regarding an inadequate staging area for hunters between mile 19 and 18 that they may want to note. ADJOURNMENT MOTION: It was moved by Beryl Blaich and seconded by Johanna Ventura to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. 7 Meeting adjourned at 4:33 p.m. Respectfully submitted by: { Duke Nakamatsu, Support Clerk 8