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HomeMy WebLinkAbout2010-08-26 Open Space Minutes Approved ?g.-. Com( 60" COUNTY OF KAUA'I (ZO„ , �Vej PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION 11' FUND COMMISSION to L7hu'e Civic Center, Moikeha Building Meeting Room 2A1213 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 August 26, 2010, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Jean Souza, Chairperson, Tessie Kinnaman, Vice Chairperson, Maurice Nakahara, Eugene Punzal, and Johanna Ventura. The following Commissioners were absent: Linda Dela Cruz 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 1:30 p.m. APPROVAL OF AGENDA MOTION: It was moved by Johanna Ventura and seconded by Eugene Punzal to approve the agenda. All were in favor by unanimous voice vote— motion passed. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 8/12110. Commissioner Kinnaman requested an addition to the 4 t paragraph from the bottom on page 2 to include "that cars may park.” MOTION: It was moved by Eugene Punzal and seconded by Tessie Kinnaman to approve the minutes of the 8112110 meeting. All were in favor bz unanimous voice vote— motion eassed. I The Commission deferred approval of the executive session minutes of 5127110, 6/24/10, and 8112110 until they can consult with the Deputy County Attorney. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora stated that both the Administration and the Council are still working to fill their vacancies, but are aware of the urgency. Chair Souza stated that she would be willing to write a letter or to make phone calls if the staff felt it would be helpful. Update and discussion of the Commission's work planitimeline 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. Ms. Sadora stated that a meeting with the Administration to discuss the Commission's proposed amendments to the Ordinance is scheduled for next week Monday at 1:30 p.m. She stated that she is also working with County Clerk Peter Nakamura to schedule a meeting with the Council. Chair Souza stated that she and Vice Chair Kinnaman will attend the meeting with the Mayor. Ms. Sadora stated that the County's annual Drug Awareness fair will be held on September 23, 2010 and the Administration was requesting the Commission's consideration in rescheduling their Commission meeting so the meeting room could be utilized for vendors. MOTION: It was moved by Johanna Ventura and seconded by Tessie Kinnaman to reschedule the September 23, 2010 meeting to September 30, 2010. All were in favor b z unanimous voice vote—motion assed Staff distributed copies of a PowerPoint presentation on "The Public Doctrine in Motion" that Deputy County Attorney Trask recommended at the last meeting. Ms. Sadora stated that the books that Deputy County Attorney Trask recommended are only available online and that she would be purchasing a set for the Commission to reference. 2 Chair Souza stated that she will remind the Mayor about the Mayor-appointed vacancy during the meeting on Monday and will also notify him of the Commission's open space plan. The Commission discussed their workplan/timeline through 2010 to include: September 9 Public Input Analysis (Commissioners comments) Establish Criteria (2010 list) September 30 Review Culled List/Finalize North Shore Filed Trip Report October 14 Preliminary Recommendations October 28 Report Outline/Major points November 4 Draft Review (Prioritize recommendations list) November 18 Draft Review (Prioritize recommendations list) December 2 Draft Review December 16 Final Draft Approved Chair Souza stated that the list of unresolved issues also needs to be included in the annual report. Review and discussion on 3119110 North shore field trip. Commissioner Ventura distributed copies of the draft field trip report for the Commissioners to add their notes and comments. She stated that she will convert the document into a pdf format to preserve the fonts and page breaks. Chair Souza requested utilizing the format of the past reports including a cover sheet and a list of stops. Commissioner Ventura requested that staff verify the official name of the Westwood/Westin property in Princeville. Chair Souza stated that the problem with St. Regis has become aggravated now that the parking area is gated. She questioned whether the access was for beach or shoreline access. Commissioner Ventura stated that shoreline would be more descriptive because there are two opportunities. One would be for Hideaways and anther would be to access the Russian Fort. She pointed out that you can also access Hanalei Bay through the back of the hotel. She noted that the labeling of the sign is an issue, but the public's testimony regarding hotel employees parking in the public access lot is another. Commissioner Kinnaman stated that the Planning Department would have to investigate the original permit conditions. It was her understanding that hotel employees wee supposed to park at the Makai Club. 3 Chair Souza clarified that the public access parking lot is labeled "Public Parking" and that the hotel employees may be benefiting from the mislabeled sign. MOTION: It was moved by Tessie Kinnaman and seconded by Eugene Punzal to request that the Planning Department investigate and enforce the proper labeling of the beach/shoreline public access parking lot and the possible misuse of that parking lot by hotel employees, contrary to conditions of development permits. All were in favor by unanimous voice vote— motion passed. Commissioner Ventura requested that staff standardize the left column. She stated that it currently includes place names. Commissioner Kinnaman stated that adding TMKs or districts would be helpful. Commissioner Ventura stated that she will bring a cover page to the next meeting that capsulizes the report. 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. Staff distributed the first draft printout of the survey results. Ms. Sadora stated that there were a total of 155 surveys received. 116 were online surveys. She noted that the online surveys were run though the 17th since the deadline was on a Sunday. Numbers 117-151 were paper surveys that were submitted by mail or fax. She noted that numbers 152-155 were Garden Island newspaper surveys that were received by mail. She noted that although the Garden Island surveys had the smallest return, she felt that it was a trigger for people to iogon to the website. Chair Souza noted that there were a number of online surveys submitted on the 16th. Commissioner Ventura stated that the Malama Kaua'i organization had a notice in their email newsletter regarding the survey. She noticed that she had received the email on the 15th and stated that it would be her preference to include the surveys that were received after the deadline. Ms. Sadora noted that the Department received an email referencing the North shore path connecting Kilauea to Princeville and Hanalei. She felt that the email also triggered people to logon to the website. She noted that the dates the input was received were inconsistent, but noted that there was more activity following the radio spots. She stated that the information on the report was exactly how it was presented and that some of the paper surveys were incomplete. 4 Chair Souza questioned the petition from the Garden Island Motorcycle Club. Ms. Sadora stated that the petition was submitted with a survey along with background information. She stated that she didn't count it as a number total but noted in the description that the survey was received with 178 signatures of support. Chair Souza questioned Dr. Kawane's testimony. Ms. Sadora stated that she had not yet included Dr. Kawane's testimony. Chair Souza stated that the other public testimony the Commission received should also be considered. Commissioner Ventura reiterated that she felt that surveys received after the 15th deadline should be accepted. She noted that if a member of the public came to present testimony, their input would be taken into consideration. She stated that she saw the value of the deadline in that it created a sense of urgency for the public to participate. Commissioner Punzal also agreed to take into consideration all of the testimony to date. MOTION: It was moved by ,Eugene Punzal and seconded by Johanna Ventura to accept all written and online testimony that was received beyond the deadline. All were in favor by unanimous voice vote— motion eassed. Chair Souza asked the staff to tally the analysis from most to least suggested sites. She also requested another list sorted by judicial districts. Commissioner Ventura noted that the 8 columns related to the criteria reflect the opinions of the survey takers and are subjective. Ms. Sadora stated that she would be providing a topographical map of the information including the district, highway locations, and existing Na Ala Hele to date that can be used as a tool. Chair Souza encouraged Commissioners to note any other important sites that they may want to include for consideration. She requested that staff provide the list of criteria that the Commission used to develop the prioritized list in the past. Commissioner Nakahara questioned if once the recommendations are prioritized, the remaining sites could be listed as an addendum. Commissioner Ventura stated that the past report included a summary of public input that summarized the number of surveys received and the sites. 5 Chair Souza requested documenting how input was solicited including the dates of the radio shows and community meetings. She stated that in addition to the online and paper surveys, the survey was also printed in the Garden Island newspaper. Staff promoted the survey on air at KONG radio and she and Vice Chair Kinnaman appeared on the Mayor's Ho'ike show. She stated that there were also presentations at various community meetings where the surveys were distributed. Presentations were conducted at the Wailua-Kapa`a neighborhood association, the Kilauea neighborhood association, and the Koloa community association meetings. Regarding the Garden Island Motorcycle Club, Chair Souza stated that the petitioners were concerned that the land they were using was not owned or controlled by the club and thought that the fund could be used to stabilize ownership of the area. She stated that Dr. Kawane also submitted testimony about restricted access in the Numila to Port Allen area for fishing. She stated that the land is owned by A&B for Kaua'i Coffee. She stated that people who wish to access the area need to fill out an application, submit a $25 fee, and sign in and out during daylight hours only. She stated that Dr. Kawane proposed that more areas along the coast be more readily open to fishermen and perhaps eliminate the permit and fees since people are required to sign in and out anyway. She stated Dr. Kawane identified all of the potential accesses in the area. Commissioner Nakahara stated that he has parked near the electrical plant and walked in to the Camp One area. He noted that during coffee harvesting season even people with permits are not allowed to drive in. He stated that some people walk into the area along the shoreline. Commissioner Kinnaman felt that as long as people stay closer to the shoreline and clear from coffee operations the shoreline is public domain. Commissioner Nakahara stated that a lot of elderly people do it, but you would have to walk along the rocks. Regarding acquisition of properties utilizing the Open Space funds, Commissioner Nakahara questioned who becomes responsible when the sites are purchased. Chair Souza stated that the Commission does not purchase sites, but makes the recommendations to the Council through the annual report. She stated that whatever is purchased requires coordination with the Administration. She stated that only the Hodge property in Hanalei has been purchased for expansion of Black Pot Park utilizing the Open Space fund plus other County and State funds. Commissioner Ventura stated that it was her understanding that the County was going to initiate a planning process facilitated by the Parks & Recreation Department for Black Pot Park that would involve the community. She stated that there is interest in continued expansion and improving the infrastructure of the park. 6 Commissioner Nakahara stated that there was rumor that the County intended to take away the parking in front of the park where all of the surfers park. Commissioner Ventura stated that the issue of parking on the beach comes up every several years. She stated that when the County installed guard rails and boulders at Pine Trees they were talking of doing something similar at Black Pot but a number of local residents strongly objected due to lack of parking. She stated that she would imagine that issue would be addressed as part of the park planning process. Commissioner Nakahara stated that it also involves the fisherman and the people who launch their boats. He said it is based on the tides. He noted that during the summer there are a lot of tour boats and if the tides are low people have to walk out to the boats. Chair Souza stated that the Commission for many years has recognized that expansion of Black Pot Park was necessary. She stated that the Kaua'i Public Land Trust has was instrumental in obtaining the Hodge property for expansion of the park, and made the proposal to pool funding from different sources to acquire the property. She stated that the Commission would probably not be involved with the process of how the parcel will be used unless individuals wanted to get involved. She stated that the Commission asked the Planning Department to be the champion on expansion of Salt Pond Park for park expansion mauka and west and for protection of the salt pans. She noted that the current camping area is next to the salt pans. She said that expanding the park into what was sugar lands would give the County more flexibility to establish a buffer to protect the salt pans from contamination. 0. Commissioner stated that he has family that he helps with the salt pans. He noted that the camp grounds don't appear to be infringing on the salt pans. Chair Souza stated that the concern was contamination of water quality by having overnight use in the area and also includes ag runoff. She stated that they asked the Planning Department to come up with a proposal to give to the Council. She stated that another project was for public access in the Koloa area that used to be owned by Hoban. She said there was a drainage ditch that the public used to use to access the shoreline, but a fence had been erected by one of the past owners of the property. She said the Commission supported the idea of acquiring the drainage easement to restore the public access. She said there was some money from Kukui`ula Development that would be available or a project that Koloa Community Association supported. She said the Planning Department was also asked to assemble a proposal for that project. Commissioner Kinnaman questioned whether the testimony maps submitted for the motor cross included the routes. Ms. Sadora stated that she would ask for clarification and provide it to the Commission for at next meeting. 7 Appointment of members to the Commission's investigative team regarding Open Space Plan. Chair Souza stated that the Commission formed an internal task group to work on the Commission's long range open space plan. She stated that the four members that were appointed were Commissioners Dela Cruz, Punzal, Kinnaman, and Chair Souza. She stated that they can make recommendations to the full Commission to take action at a subsequent meeting. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Souza stated that the agenda for the September 9 meeting should include the call to order, approval of agenda, announcements, approval of meeting minutes, continuation of unfinished business items A, B, C & D and E. For new business she requested development of or initiation of 2010 Report to County Council and the Mayor. She questioned the status of an education session from DLNR. Ms. Sadora stated that she hoped to receive a response in the coming week. She stated that Tommy Oi would probably be presenting the education session. ADJOURNMENT MOTION: E moved by Maurice Nakahara and seconded by Eugene Punzal to adjourn eting. All were in favor by unanimous voice vote—motion passed. Meeting adjourned at 3:58 p.m. Respectfully submitted by: i Duke Nakamatsu, Support Clerk 8