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HomeMy WebLinkAbout2010-09-09 Open Space Minutes 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 September 9, 2010, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Tessie Kinnaman, Chairperson, Linda Dela Cruz, Maurice Nakahara, Eugene Punzal, and Jean Souza. The following Commissioners were absent: Johanna Ventura 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 1:20 p.m. SELECTION OF CHAIR AND VICE CHAIRPERSON Commissioner Punzal stated that his term will be expiring at the end of December and he was not interested in reappointment. Commissioner Kinnaman stated that she would be willing to serve as Chairperson. There were no other nominations for Chairperson. MOTION: It was moved by Linda Dela Cruz and seconded by Eugene Punzal to close the nominations and accept Tessie Kinnaman as Chairperson. All were in favor by unanimous voice vote — motion passed. The meeting was turned over to Chair Kinnaman. Commissioner Dela Cruz nominated Commissioner Ventura for Vice Chairperson. I The Commission requested that staff verify if Commissioner Ventura would be willing to serve as Vice Chairperson. MOTION: It was moved by Jean Souza and seconded by Eugene Punzal to defer selection of Vice Chairperson. All were in favor by unanimous voice vote — motion passed. APPROVAL OF AGENDA MOTION: It was moved by Jean Souza and seconded by Maurice Nakahara to approve the agenda. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 8/26/10. Commissioner Nakahara requested a correction to his name in the 4th paragraph from the bottom on page 7 from "Nakamura" to "Nakahara". MOTION: It was moved by Eugene Punzal and seconded by Linda Dela Cruz to approve the minutes of the 8/26/10 meeting as corrected. All were in favor by unanimous voice vote — motion passed. The Commission deferred approval of the executive session minutes of 5/27/10, 6/24/10, and 8/12/10 until a Deputy County Attorney is present for discussion. MOTION: It was moved by Eugene Punzal and seconded by Linda Dela Cruz to defer approval of the 5/27/10, 6/24/10, and 8/12/10 executive session meetings . All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS Ms. Sadora announced that she received a letter inviting the Open Space Commission to a meeting regarding the Kukui`ula Development Company's test area improvements for their conservation district on Wednesday, September 15, 2010 at 2:30 p.m. at the Koloa Neighborhood Center. She stated that they are testing an area for native Hawaiian plants along the coastline near Lawa`i Kai and were requesting the Commission's participation and input in the discussions. She said the area is 2 approximately 10 acres and is located west of Spouting Horn which would include a public pedestrian trail and a new parking area on the makai side of Lawa`i Road. Commissioner Souza expressed concern that new vegetation might potentially obstruct the view of the ocean. She also noted that some of the existing non-natives plants such as beach heliotrope help to provide shade for people using the coastline. She said that she would like to attend the meeting. Chair Kinnaman stated that members of the community were concerned about the shearwaters that nest in that area. She stated that she would also try to attend the meeting. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora stated that there were no new developments to report. Commissioner Souza questioned which positions were vacant. Ms. Sadora stated that the Council appointed position is for Anahola-Ha'ena, and the Mayor appointed position is for Lihu'e-Hanama'ulu. Commissioner Souza questioned if it would be possible to switch Commissioner Nakahara from the at-large position to Anahola-Ha'ena. She stated that she spoke with two people who were interested in being considered for the position but one resides in Omao and the other resides in Kekaha. Chair Kinnaman stated that it would require Council's approval. Commissioner Nakahara stated that he would be willing to do whatever would benefit the Commission. Ms. Sadora stated that she would check with the Attorney's office on submitting the request to Council. 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. Commissioner Nakahara noted that he will not be on island during the October 14, 2010 meeting. 3 Commissioner Souza noted that she may be off island during the November 18, 2010 meeting. Staff distributed copies of the tentative meeting schedule for the next calendar year. Ms. Sadora stated that the 2nd Thursdays have been reserved for Commission meetings in November and December, but the 4t" Thursday in November is on Thanksgiving Day and the 4t" Thursday in December is on the week of Christmas. Commissioner Souza suggested adding another meeting date in November and December. Ms. Sadora stated that November 17 and December 15 have been tentatively reserved as alternate dates. She said another option would be the first Thursdays in November and December, but arrangements for another meeting room would need to be made. Commissioner Nakahara stated that he would prefer to have consecutive meetings in November and December instead of meeting on October 27 and November 3. Commissioner Souza stated that she would be okay with adding November 17 and December 15. MOTION: It was moved by Eugene Punzal and seconded by Linda Dela Cruz to add November 17 and December 15 for meeting dates in 2011. All were in favor by unanimous voice vote — motion passed. Ms. Sadora noted that the agenda for the November 17 meeting would need to be posted on Thursday, November 10 since Friday, November 11 is a Holiday. Commissioner Souza felt that the agenda for the November 17 meeting could be determined early during the November 10 meeting. Ms. Sadora stated that Tommy Oi from the DLNR confirmed for the September 30, 2010 meeting for a Commission education session. She stated that he would also like to invite the head of the enforcement division. Commissioner Souza stated that they may want to discuss the Commission's proposal to expand Salt Pond Beach Park. She suggested asking Mr. Oi about other areas that might be applicable in the future. Regarding the meeting with the Mayor, Commissioner Souza stated that she and Chair Kinnaman discussed the Commission's proposed amendments to the Ordinance. They mentioned addressing the term "disabled access" on purposes 7 & 8 and that the intent of the term was not certain. She stated that the Mayor questioned the proposed change of the Commission appointed position from selection within 45 days to 75 days. She informed the Mayor that since the Commission only meets twice a month and would like 4 to advertise the position in the newspaper and interview and evaluate applicants, the Commission would like to request 75 days. She said the Mayor suggested scheduling their meeting with the Council as soon as possible. Ms. Sadora stated that she reviewed the final draft of the proposed amendments with the Deputy Planning Director who will be reviewing it with the Director for confirmation from the Department. She stated that the County Attorney's office has reviewed the language of the proposed amendments. She noted that anything in brackets is what is being added to existing language and anything underlined would be new additions to the Ordinance. She stated that Deputy Planning Director Aiu suggested that items c, d, and e on the last page be submitted to Finance Department for their input since the Council may have questions regarding those items. Commissioner Souza stated that the Mayor seemed fully supportive about the proposed changes to the Ordinance. She stated that they also informed the Mayor about several of the suggestions that have been received through the public input process. She stated that the Mayor was supportive of the Hare and Hound motor cross in the Kahili area and felt it would qualify for outdoor recreation. Review and discussion on 3/11/10 North shore field trip. Chair Kinnaman questioned the status of the parking situation at the Princeville Hotel. Ms. Sadora stated that Deputy Planning Director Aiu will need to initiate the communication regarding the signage and the parking enforcement. Commissioner Souza stated that she was not ready to take action on the field trip report to accept it as a final report. She suggested continuing the item on the agenda for the next meeting. NEW BUSINESS Compilation and evaluation of 2010 public input process pursuant to Ordinance No. 812 and development of an annual list of priority projects and 2010 Report to the Kaua'i County Council and the Mayor. Chair Kinnaman stated that the Commission was planning to establish criteria at this meeting. Commissioner Souza stated that Commissioners could make other recommendations based on their knowledge and based on public testimony that had been received. Commissioner Dela Cruz questioned the status of the salt pans and the Burns field peninsula area. 5 Chair Kinnaman stated that the salt pans are already controlled by the State. Commissioner Souza noted that the previous Administration was looking at acquiring the peninsula from the State through an executive order but the information received in community meetings was that the Mayor was considering proposals for sports fields, motorcycle tracks, and more active park use. She stated that people at the community meetings felt that the area should be left in a natural state and not made into an active park, so the property was given back to the State. She stated that the Commission is proposing a change to the Ordinance to add conserving land for open space and scenic values. She noted that the Commission's current proposal is for expansion of the Beach Park, mauka and west. She suggested asking staff if the County is going to proceed with the Commission's request to investigate expansion of Salt Pond and the Hoban access. She said that if the County does not plan to act on it, the Commission should consider keeping them on the list of recommendations for this year. Regarding Evslin, Commissioner Souza stated that she did not have favorable feelings regarding that recommendation last year. She stated that the pond that is on the property was filled with sand from the dunes that contained human remains. She stated that the owners of the land approached the Kaua'i Public Land Trust to purchase the property using the Open Space Fund so the property was on the priority list for last year. She noted, however, that purchase of both the Hodge property and the Evslin property would have completely depleted the fund. She noted that 10% of the fund is utilized for Administrative expenses, so operations of the Commission would have been affected. She stated that she still did not feel it should be included for recommendation. Chair Kinnaman agreed that it should not be included in the recommendations list. Commissioner Souza stated that she would like to include expansion of Salt Pond Beach Park and Hoban. Chair Kinnaman stated that she would like to include the Nukumoi Surf Shop TMK 2-8- 17:16 from last year. Commissioner Souza questioned the status of the Commission's recommendations for the Planning Department to prepare dossiers or investigations on the expansion of Salt Pond Beach Park, Hoban, and Nukumoi Surf Shop. She stated that the one and only accomplishment regarding the Open Space fund was the acquisition of the Hodge property because the Kaua'i Public Land Trust acted as the champion for that proposal. She stated that the Planning Department would need to assemble a package for the Council's consideration on projects that the Commission would like to initiate. Ms. Sadora asked what the Commission's intent was for Hoban. She stated that the Kukui'ula Development fund may or may not still be available based on what the County Attorney's office determines. 6 Commissioner Souza stated that it shouldn't take that long to determine if the fund is still available, and if it is, it should be tapped before utilizing Open Space funds. Ms. Sadora stated that there was a deadline for action to be taken for the money to be used that they were hoping to have negotiated. Chair Kinnaman stated that they recommended acquisition of the Hoban easement in the 2005 report with concurrence with the Koloa Community Association because of the deadline. She believed that the money has not yet been paid out by Kukui`ula. Ms. Sadora stated that she will seek direction from the Department and will prepare a dossier for the Commission to approve before forwarding it to Council. Chair Kinnaman stated that the previous Finance Director provided an estimate of what it would cost the County to purchase the easement. Ms. Sadora stated that she will incorporate that information in the dossier. Commissioner Souza stated that Salt Pond Park expansion would require communications with the State. She said if the State is supportive the Commission should obtain a letter from them. She said if a case isn't made well, then it might not be considered and the opportunity would be lost. Ms. Sadora stated that she wanted to be sure she was speaking with the correct people in order to prepare the package. Commissioner Souza stated that Tommy Oi from the DLNR would be able to determine which lands are State owned, and he would be able to explain the process to terminate or implement leases. She stated that it would be helpful to have the steps laid out for Council to consider. Regarding the Nukumoi Shop, Commissioner Souza stated that the Commission would like to know if the funds can be used to lease the property instead of purchase. Commissioner Punzal stated that the Nukumoi property is the true entrance to the heiau that is located behind the shop. He stated that the Commission believed that the lease may be expiring which prompted the sense of urgency. Ms. Sadora stated that there was ongoing activity with that property. Commissioner Souza stated that if there is an agreement being negotiated that would be great, but the Commission would like more information so they could know how to proceed. 7 Commissioner Punzal stated that he would like to add Coco Palms to the list for consideration. He noted that the fund would be insufficient to purchase the property, but he felt it should be listed as a target. Chair Kinnaman questioned the criteria that the Commission used last year. Ms. Sadora stated that she believes that Commission categorized the recommendations by percentage and feasibility, as well as consideration of what each Commissioner felt should be a part of the list, and then a tallied vote. Commissioner Souza pointed out that the fund is still limited. She stated that since the Hodge property was the only accomplishment, she recommended the Commission consider projects that are doable, and place the bigger projects on the long range plan. She stated that the long range plan would meet the needs that the Commission perceives can't be achieved with the annual acquisition list. Commissioner Punzal questioned the annual disbursement amount. Commissioner Souza stated that the annual amount is usually around $300,000 depending upon the real estate activity. The Commission reviewed and culled the analysis from the public input survey. Commissioner Nakahara stated that he would be interested in Kauapea if it is feasible. He noted that Secret Beach and Queen's Bath are inundated with tourists every day. Commissioner Dela Cruz noted that Secret Beach and Queen's Bath are advertised in the Ultimate Guide book. The Commission agreed to include the following recommendations from the public input analysis for further discussion and consideration: • Kauapea or Secret Beach access • Coco Palms • Lepeuli Ancient Alaloa • Puolu Point • 2179 Hoone Road (Po'ipu Beach Park) • Makai end of Haupu Ridge • Mauka of Salt Pond Park • Port Allen to Lawa'i Kai • Knudsen/A&B Mauka of Highway Commissioner Souza felt it would be good to indicate if the sites from this year's list were included on the lists from the previous years and include the number of respondents. 8 NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Kinnaman stated that the Commission will continue to review the culled list of recommended sites and have a Commission education session from the DLNR on the next agenda. SELECTION OF CHAIR AND VICE CHAIRPERSON (Con't) Staff reported that Commissioner Ventura was willing to serve as Vice Chairperson. MOTION: It was moved by Jean Souza and seconded by Eugene Punzal to close nominations and accept Johanna Ventura as Vice Chairperson. All were in favor by unanimous voice vote — motion passed. ADJOURNMENT MOTION: It was moved by Jean Souza and seconded by Linda Dela Cruz to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. Meeting adjourned at 4:40 p.m. Respectfully submitted by: k 1 a Duke Nakamatsu, Support Clerk 9