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HomeMy WebLinkAbout2010-08-12 Open Space Commission Minutes Approved COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Lliu'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 August 12, 2010, in the Lru'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Jean Souza, Chairperson, Tessie Kinnaman, Vice Chairperson, Linda Dela Cruz, Eugene Punzal, and Johanna Ventura. The following Commissioners were absent: Four (4) vacancies. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Mauna Kea Trask. Former Commissioner Beryl Blaich was presented with a pen and a plaque of appreciation by Council Chair Bill "Kaipo" Asing, and Deputy Planning Director Imai Aiu. CALL TO ORDER Chair Souza called the meeting to order at 1:48 p.m. APPROVAL OF AGENDA MOTION: It was moved by Johanna Ventura and seconded by Tessie Kinnaman to approve the agenda. All were in favor by unanimous voice vote — motion passed. The Commission agreed to take public testimony on annual survey out of order to accommodate the public. Public testimony on annual survey. The Commission received testimony from North Shore resident Jay Streed. I Mr. Streed commended the Commission for their efforts and stated that it is beneficial and necessary for the residents to be able to provide input to this kind of Commission. He expressed concern regarding the Princeville area and stated that the Queen's Bath area is very dangerous and needs signage expressing the extreme danger. He stated that dangerous swells can appear unexpectedly any time of the year. Chair Souza stated that the Commission was told that a sign has been posted and the Kaua'i Visitors Bureau is aware of the problems that occur there. Mr. Streed stated that the residents of the area are overwhelmed with visitors because of various tourist publications and that parking is problematic. Regarding the Princeville Hotel, Mr. Streed stated that the new hotel owners have implemented a series of gates near their entrance. He noted that since 1985 the hotel had always been opened to locals and tourists for parking, but the current management only accommodates registered guests. He said there are 9 parking stalls that are supposed to be for public beach access, but the sign is labeled public parking. He noted that employees and hotel guests also park in those parking stalls. Chair Souza questioned if there were any noticeable changes to the Pu'upoa access. Mr. Streed stated that the access used to be maintained intermittently in the 1980s, but has eroded and he hasn't seen it repaired in many years. He stated that he realized there may be a liability factor associated with improvements and with ADA compliance. Commissioner Ventura questioned if there were any issues with use of the public beach access behind the hotel going down to Hanalei Bay. Mr. Streed stated that he used to be the resident manager for Hanalei Bay Villas for 15 years and there have been no problems using that access. Commissioner Kinnaman questioned if there is County trash pick up in Princeville. She noted that the County would require a U-10' road right of way off of the roads that cars may park. Mr. Streed stated that the County picks up trash from the residential single family housing of Princeville, but the condominium complexes hire out independently. He noted that the Ordinance is different in Princeville. Commissioner Ventura stated ownership of the road system is different in Princeville and parking issues are managed by Princeville security. Chair Souza stated that the Commission intends to follow up with the mislabeling of the beach access parking sign and that the Commission spoke with the Visitors Industry regarding the access at Queen's Bath. 2 The Commission thanked Mr. Streed and received testimony from Kalaheo resident, Dr. Donald Kawane. Dr. Kawane stated that he has been a long time resident of the West side and has done a lot of fishing between the Port Allen to the Po'ipu area. He submitted information to the Commission to determine if there were any violations to the State Statutes regarding public access to any one of the fishing areas. He stated that there are only two entrances to the area that are gated and only open during working hours. He said there is a guard station where people sign in and out and permits are required. He noted the Statutes refer to adequate or reasonable access intervals along the coastline and 6' paths to the ocean. He stated that the current permits restrict access to non coffee harvesting seasons and only vehicular traffic. He recommended that the Commission request that the Council investigate any possible remedies. He understood that there may be liability issues, but if signing in and out is required, the land owner would be aware of everyone entering the area. Chair Souza asked Dr. Kawane to indicate possible areas where access can be established on the maps. Dr. Kawane identified the possible accesses on the map. He requested that the Commission look at the Statutes to see if there are violations. He noted that when they used to haul sugar cane on the access roads there were numerous trucks and the conditions were more dangerous than today, yet people were still allowed to access the area. He stated that when they are harvesting coffee, even people with permits are not allowed to access the area. He added that PMRF finally allowed people to obtain a permit for fishing without too much trouble. Chair Souza stated that the Commission will discuss this area further. She stated that there are a couple of options for the Commission. One would be to determine if it can be recommended on the annual list for acquisition. Another option may be to notify law enforcement for investigation. The Commission thanked Dr. Kawane for his testimony and received testimony from North Shore resident and former Open Space Commissioner Beryl Blaich. Ms. Blaich stated that she was impressed with Dr. Kawane's testimony. She stated that he made a strong point that the Commission may have overlooked. She stated that the tightening up of public access is also occurring in other places such as Mahaulepu. She noted that vandalism is a valid concern. She noted that there doesn't seem to be a lot of effort put into stopping vandalism, but there is effort put in to limiting public access. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 7/22110. 3 Commissioner Ventura requested clarifying corrections to the fourth paragraph on page 2 from "Commissioner Ventura asked what would be the most important concession" to "Commissioner Ventura asked Dr. Kawane what he felt would be the most important concession." She also requested a correction to the last sentence of the second paragraph on page 3 from "She stated that maps of the area would be great" to "She stated that maps of the area for the Commission's reference would be great". MOTION: It was moved by Johanna Ventura and seconded by Eugene Punzal to approve the minutes of the 7/22/10 meeting as amended. All were in favor by unanimous voice vote — motion passed. Commissioner Ventura noted that the approval of the executive session minutes of 5/27/10 and 6/24/10 were not listed on the agenda. She stated that she would like the opportunity to discuss the approval of those minutes with the County attorney at a future meeting. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora stated that the Mayor's office is still working on their appointee. She said that the Council appointed Commissioner Maurice Nakahara will be sworn in at the August 26, 2010 meeting. She added that the Council is still actively working on filling their other position. 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 questioned the status on meeting with the Mayor and Council Chair regarding the Commission's proposed changes to Ordinance 812. Ms. Sadora stated that the Department has not received a reply from the Administration committing to a timeline. Chair Souza stated that if the Commission is unable to meet with the Mayor or the Council now, they probably won't be able to meet with them until after the elections. She requested that Deputy Planning Director Aiu be notified that she and Vice Chair Kinnaman are very anxious to arrange the meetings within the next few weeks because they feel that they are losing momentum. 4 The Commission questioned whether former Commissioner Blaich would be allowed to participate on the Commission's task group regarding the open space plan. Deputy County Attorney Mauna Kea Trask stated that Deputy County Attorney Dahilig apologized for not being available to attend the meeting, but in Deputy County Attorney Dahilig's opinion it would not be prudent for Ms. Blaich to continue as a member on the sub committee. Chair Souza asked if Ms. Blaich could participate as a public member. Deputy County Attorney Trask felt that if part of the committee's task is to interview members of the public and consult with them as a resource that would be fine. Chair Souza stated that the task was to come up with a long range plan for the Commission. Commissioner Ventura questioned if it would behoove the Commission to articulate in the mandate to the task force that they are authorized to consult with experts as they deem necessary. Deputy County Attorney Trask stated that it would help to clarify. He stated that if the task force wanted to know if they are able to do something, they should come before the body to ask for further clarification and/or authorization to engage in specific tasks. The Commission agreed to take Appointment of members to the Commission's investigative team regarding Open Space Plan out of order. Appointment of members to the Commission's investigative team regarding Open Space Plan. Commissioner Punzal requested authority from the Chair for the investigative team to consult with members of the public for completion of the Open Space Plan for the Commission. Commissioners Dela Cruz and Kinnaman supported the request. Chair Souza granted permission for the task force to consult with public members, experts, and former Commissioners. She felt that it would provide a depth of knowledge and would result in a better product. Commissioner Ventura stated that due to other commitments, she would not be available to participate on the task group. Chair Souza appointed herself to the task group temporarily. 5 The Commission received testimony from Beryl Blaich. Ms. Blaich distributed a draft outline that she started for the Open Space plan. She stated that she tried to outline what the Commission's Open Space plan might involve. She noted that a comprehensive plan only has legal weight if there was good data gathering to indicate what is available, what the needs are, and the plan to address the needs and opportunities. She suggested a SWOT approach looking at the strengths, weaknesses, opportunities, and threats regarding the situation. She emphasized eight purposes: lands that preserve water quality and water supply, agricultural lands, recreational lands, lands that perpetuate cultural practices, historic places, views and view sheds, trails, and opportunities to expand access for all of Kaua'i. She also listed sections for preservation tools and models, resources such as the various development plans, and a glossary of open space terminology. Chair Souza suggested including vision under the goals and objections section. Commissioner Punzal asked what kind of research would need to be done to support this plan. Ms. Blaich stated that she has seen other jurisdictions do a green print showing trails, parks and preserves, and indicating how many people each area serves. She stated that she doesn't particularly relish quantitative work, but they help to provide a clear way of prioritizing. Chair Souza stated that former Open Space Planner Leanora Ka'iaokamalie had a green print of an open space plan. She requested that staff circulate a copy for the Commission. Ms. Blaich stated that she would be willing to work on the glossary. Chair Souza stated that the Commission was not charged with doing an Open Space plan for the whole County, so they should focus on what they can do to help the Commission. She suggested that individual Commissions note the status of open spaces for their particular region including threats such as vegetative growth or land owner actions. Deputy County Attorney Trask stated that from a perspective of the Commission's duties and responsibilities, their value is in providing various governmental bodies with this kind of resource, but they shouldn't stress about trying to find the solutions themselves. He stated that there is a lot that can be done. He referenced a book by David Callies called "Preserving Paradise" on why regulations don't work. He stated when you go against private land owners it involves constitutional rights to property and a right to develop that property. He referenced another book on the Public Trust Doctrine including shoreline issues. He stated that the Commission could develop a list of things that the County could do, not necessarily must or should, including conservation easements, public trust suits, and suggest recommendations that the 6 County could look into as an option. He stated that legal mechanisms tend to be effective but can take a long time. He felt that number one on the list should be eminent domain. He said it may not be necessarily feasible at this time, but the Commission doesn't necessarily need to develop a specific plan to figure it all out. Chair Souza stated that the Commission's legal charge is to develop an annual list of recommendations to the Council and to conduct a public input process. She stated that there has been a lot of frustration in developing the lists. She said they hoped the County would undertake the planning for open space, but it hasn't happened, so the Commission decided to develop a working document that was longer range than the annual list. Deputy County Attorney Trask stated that the Commission's frustration is felt by everyone, but the Commission's consulting is valuable in that all that is needed is one time for the Council or the Mayor to approve a project, but without the constant input it may not happen. He referenced that some of the properties may be difficult for the County to acquire, but sometimes all it may take is writing a letter because sooner or later someone may need something from the County and that may be the opportunity to go after it. Commissioner Ventura stated that the benefit of an open space plan would be the potential for it to provide a context in which the Commission is making their recommendations. She felt that the annual reports tend to be about the present, whereas the benefit of a plan would be that it is focused on the future. Chair Souza thanked Deputy County Attorney Trask for his perspective. She stated that the thinking of the current County Attorney's office has really helped the Commission to feel valuable. Review and discussion on 3/11/10 North shore field trip. Commissioner Ventura stated that staff experienced some difficulties with the electronic transfer of photos from the field trip. She stated that she began formatting the report and will have a draft for the Commission by the next meeting. Update and discussion of the 2010 public input process pursuant to Ordinance No. 812 for developing and annual list of priority projects to be reported (2010 Report) to the Kaua'i County Council and the Mayor. Commissioner Ventura stated that she circulated the electronic version of the press release to the Hanalei/Ha'ena community association and they distributed it to their email list of members. 7 Ms. Sadora reported that prior to the start of the meeting there were 87 surveys online. She stated that the survey in the Garden Island made people aware of the survey but only 4 people submitted the actual newspaper survey. She stated that 15 paper surveys were mailed in and 2 by fax. Chair Souza stated that the Commission did a lot to promote the survey this year. Ms. Sadora stated that Duke went to KONG radio two weeks ago and yesterday and Marc Valentin and Bev Brody did an interview style PSA with him during the afternoon shows. She stated that both broadcasts seemed to generate more activity on the online surveys. She noted that there were repeat recommendations from the past years, but there were also some new recommendations. She said she will provide a rough draft of all the data by the next meeting. The Commission agreed to keep the August 15th deadline. 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 Tessie Kinnaman and seconded by Eugene Punzal to move into executive session. All were in favor by unanimous voice vote — motion passed. The Commission moved into executive session. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Souza requested that everything from the current agenda be continued on the agenda for the next meeting to include approval of executive session minutes of 5/27/10 and 6/24/10. ADJOURNMENT MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to adjourn the meeting. 8 All were in favor by unanimous voice vote — motion passed. Meeting adjourned at 4:15 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 9