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HomeMy WebLinkAbout2010-10-28 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 October 28, 2010, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Tessie Kinnaman, Chairperson, Johanna Ventura, Vice Chairperson, Linda Dela Cruz, Maurice Nakahara, Eugene Punzal, and Jean Souza. The following Commissioners were absent: Three (3) vacancies. The following staff members were present: Imaikalani Aiu, Duke Nakamatsu, and Deputy County Attorney Ian Jung. CALL TO ORDER Chair Kinnaman called the meeting to order at 1:10 p.m. APPROVAL OF AGENDA Chair Kinnaman stated that the Commission education session will be taken out of order as soon as Tommy Oi from the DLNR arrives. She also stated that she would like to take the compilation and evaluation of the 2010 public input process first. Commissioner Ventura stated that she was continuing to have formatting trouble with the report and has started a new document with a new table. She requested deferral of the field trip report. MOTION: It was moved by Johanna Ventura and seconded by Eugene Punzal to approve the agenda as amended. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 9/09/10 and 09/13/10 and executive session minutes of 5/27/10 6/24/10 and 8/12/10. 1 Regular minutes of 9/09/10 —Approved. MOTION: It was moved by Maurice Nakahara and seconded Eugene Punzal by to approve the minutes of the 9/09/10 meeting. All were in favor by unanimous voice vote — motion passed. Regular minutes of 9/30/10 and executive session minutes of 5/27/10, 6/24/10, and 8/12/10 — Deferred. MOTION: It was moved by Johanna Ventura and seconded by Jean Souza to defer approval of the regular meeting minutes of 9/30/10 and the executive session minutes of 5/27/10, 6/24/10, and 8/12/10. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS There were no announcements from staff. COMMUNICATIONS Status update: Black Pot Beach Park expansion and the acquisition of the Hodge parcel with $1,850,000.00 from the Public Access, Open Space, & Natural Resources Preservation fund. Deputy County Attorney Ian Jung reported that $1.85 million was allocated from the Open Space fund in 2008 to be used for the Black Pot Beach Park expansion. He stated that he deposited the funds in escrow two weeks ago for the acquisition of the Hodge parcel. He noted that the total that is being allocated for the purchase of the parcel is $3 million but the assessed value of the parcel is $3.85 million, so there is a savings of $850,000 that the owner will use for tax deduction purposes. He stated that in 2009 $350,000 was allocated from the Parks & Playgrounds special trust fund to match the $2.2 million required for the purchase price plus the $800,000 from the Legacy Lands fund. He said they are still waiting for the check from the State, and that the closing deadline is December 16, 2010. Commissioner Ventura asked for clarification that the County has still not received the check from the Legacy Lands funds. Deputy County Attorney Jung stated that the Attorney General would need to review and approve the deed, then invoice the Department of Accounting and General 2 Services for the $800,000, but the Governor has already approved the allocation and the deed has been executed. Commissioner Ventura stated that she thought there was going to be a Hanalei Parks master plan process. Deputy County Attorney Jung stated that there was interest in developing one but he was not sure if the Parks & Recreation Department has adopted one. Commissioner Ventura questioned if parking was one of the allowable uses under the State's conservation language. Deputy County Attorney Jung stated that parking would be allowed since it would be for open space park purposes, but they would have to wait for the master plan process and public comment opportunity. Chair Kinnaman questioned when the official signing would take place. Deputy County Attorney Jung stated that the landowner will be coming to Kaua'i on November 25, so they were targeting that date. He stated that he will keep the staff updated should any of the Commissioners wish to attend. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Deputy Planning Director Aiu reported that there were no updates on the vacant Commissioner positions. Compilation and evaluation of 2010 public input process pursuant to Ordinance No. 812 and the development of an annual list of priority projects and 2010 Report to the Kaua'i County Council and the Mayor. Commissioner Souza suggested that Commissioners add any sites that they felt should be included on the priority list from the annual survey and then discuss any other sites that the Commission may want to consider. Chair Kinnaman asked for a volunteer to facilitate discussion for this agenda item for the remainder of the year. Commissioner Ventura stated that she would be happy to facilitate the discussion on this agenda item through December 16th. She noted that according to the timeline the Commission was hoping to have preliminary recommendations by the October 14th meeting. 3 Commissioner Souza stated that one of the needs would be to work with staff to ensure that submittals to the Commission are timely. The Commission added the following suggestions to the recommended sites: A. Hoban B. Parcel North of Otsuka's C. Wailua Falls parking lot expansion D. Nukumoi Commissioner Ventura suggested adding a special acknowledgement/recommendation section in the report to include Coco Palms, Mahaulepu, Menehune Fish Pond which realistically would not be able to be purchased with the Open Space fund. Chair Kinnaman noted that the Hoban parcel was included in the 2007/2008 report. She stated that the public used to be able to utilize the drainage easement to access the beach for recreation and limu gathering, but the new land owners over the years have blocked off the access. She stated that conditions to the A&B development included contributions for a shoreline access, and the Koloa Community Association recommended that the funds be used to acquire that access. She noted that the timeline on that condition was 2007. She stated that if the funds were not used to acquire the access by 2007 the funds would be used for Po'ipu Beach Park. Commissioner Souza noted that the money from the developer may still be available. Commissioner Punzal stated that the parcel North of Otsuka's is owned by the Jaspers. He noted that the two parcels that the Jasper's own are separated by an easement that is owned by the County. He stated that development into a restaurant would not be practical since the County owns the center parcel. He stated that his understanding was that the owner was not willing to lower the purchase price for the County to acquire. Commissioner Ventura stated that the Commission had previously discussed the parcel next to Otsuka's. She noted that the parcel facilitates the view of the ocean and is located next to the bike path. Commissioner Punzal stated that he visited the Wailua falls about a month ago and noted that there were improvements done in the area. He stated that the existing parking area was eliminated and they created four parking stalls that are not sufficient. He noted that there is an adjacent open area that would be nice for parking. He stated that the Wailua Falls is a landmark for Kaua'i and is touted in all of the magazines, but there is nowhere to park. He stated that it was very congested on a week day. Commissioner Souza stated that the Nukumoi parcel is part of a larger parcel that has significant cultural value. She stated that the Commission was lead to believe that 4 perhaps the lease may have been up or that there were other means to acquire the parcel. She questioned the status of the dossiers that the Commission requested. Deputy Planning Director Aiu stated that staff was preparing the dossiers and would probably have them ready for presentation at the next meeting. Commissioner Ventura clarified that the Commission was hoping to receive the status of the funds regarding the Hoban easement. Chair Kinnaman stated that the previous Finance Director provided an estimate for the cost of acquiring the drainage easement. Commissioner Souza stated that the question regarding the status of the Nukumoi lease was hearsay. She stated that the Commission needed verification of the land tenure. Commissioner Ventura summarized that the Commission has a short list of properties from the survey data and four additional suggestions by Commissioners as well as a separate special acknowledgement for larger properties. She stated that the larger opportunities are well beyond the means of the fund even beyond the next several years, but expressed concern that if the Commission does not recommend those sites and there should be a community movement similar to the Kaua'i Public Land Trust championing the Hodge property and pulling in additional sources of revenue, it may leave the Council uncertain about whether the Commission supported it. She suggested that they continue to keep the larger properties under a special recommendation. Commissioner Souza stated that the larger sites could be included in the Commission's long range plan. Commissioner Ventura felt that it was a good idea to mention the Commission's interest in creating a long range plan and addressing the larger sites in the plan. Commissioner Souza stated that she felt that Kauapea should be addressed within the unresolved issues report. She stated that Coco Palms should be included in the long range plan, and that the Commission was hoping to have an education session with the DLNR regarding the Lepeuli and Puolu Point. MOTION: It was moved by Jean Souza and seconded by Eugene Punzal to set aside Kauapea, Coco Palms, Lepeuli, and Puolu Point leaving the remainder for priority consideration. All were in favor by unanimous voice vote — motion passed. Commissioner Ventura suggested that the Commission request that staff prepare abstracts on the nine opportunities so the Commission would have the information in front of them for prioritization at the next meeting. 5 The Commission agreed on the following outline for the 2010 Report: Cover with graphic used on prior reports Table of contents Executive summary 1. Program background: Charter, Ordinance, History perspective 2. Commission recommendations: "3-A" and "3-13" change to "2-A" "2-B" 3. 2010 Public Input (Subsection A&B like 2009) 4. Year in review 4a Program updates 4b Unresolved issues work 4c Commission vacancies 4d Ordinance work 4e Long range plan 5. Conclusions 6. Appendix (All existing items from 2009 report) Chronological list of yearly priority/secondary recommendations. Commissioner Ventura questioned how the Commission would like to handle the review of the content. She stated that that executive summary is usually done at the end taking the pertinent information from the report. Chair Kinnaman recommended using the same program background section from the 2009 report with an update to the amount in the fund. Commissioner Ventura suggested taking a break from this agenda item to take up the Commission's timeline of events and activities through 2010. Commissioner Souza asked staff if they would be writing the report this year in addition to the unresolved issues report and abstracts. Deputy Planning Director Aiu stated that he envisioned the staff writing the report this year. Commissioner Souza requested a shell of the report based on the outline at the next meeting. The Commission received a letter from Dr. Donald Kawane regarding concerns with statements in the August 26, 2010 meeting minutes. Commissioner Ventura stated that Dr. Kawane's concerns highlight one of the challenges of summary versus verbatim minutes. She stated that there was possible misinterpretation of the tone of the minutes. She suggested a letter thanking Dr. Kawane for his input and interest and to assure him of their continued investigation of the matters. She noted that there was an expectation that the Commission would consult with the County Attorney regarding the applicability of the Administrative Rules 6 that he provided. She suggested an education session on the Administrative Rules and Statues and how they play out with the larger land parcels that have not been developed. Chair Kinnaman noted that the next meeting's agenda has already been posted due to Furlough Friday. Commissioner Souza suggested including it as an agenda item for a future meeting. Commissioner Ventura suggested noting that the minutes are summary and perhaps did not convey the tone of concern that the Commission shared. Commissioner Souza suggested stating that the Commission is exploring a possible meeting with the County Attorney, and also suggested that Vice Chair Ventura draft the letter on behalf of the Commission. Commissioner Ventura stated that she could share a draft at the next meeting. She summarized for Deputy Planning Director Aiu that Dr. Kawane appeared before the Commission expressing concerns with the large coffee operations on the South Side. Currently the public's only access to the shoreline is through a permit process with the land owner, and then it is shut down for several months out of the year for harvesting. She stated that Dr. Kawane brought forth some of the Hawai'i Administrative Rules and Statues concerning beach access being reasonable and regular. She stated that his interpretation of the Administrative Rules were not in alignment with the land owner in terms of regular access. She stated that the Commission was seeking an understanding of how that plays out especially with undeveloped land. Deputy Planning Director Aiu stated that as a general rule, laws are not usually retroactive. He stated that if the land is subdivided later, then you can start acquiring the accesses. He stated that if the Commission would like to explore it more in depth, they could start by consulting with the County Attorney and have a possible educational seminar on a future agenda. Commissioner Souza stated that the Commission is trying to address concerns provided by the public regarding the permit, the permit fee, permit conditions, and the scope of who is allowed on the permit. She stated that not only do you need a permit, but you would still be required to check in and are confined to daylight hours. She stated that she recently found out that the closed period is 5-6 months which is a significant amount of time. She stated that the Commission is sympathetic and would like to know how to address it within the context of their jurisdiction so that they can make a good recommendation. Commissioner Ventura requested an attorney for the next meeting to discuss concerns regarding approval of executive session minutes, and also for an education session for the following meeting. 7 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 Ventura questioned the status of the Commission's communication to meet with the individual Council members. Deputy Planning Director Aiu stated that communication to Council has been received. He said that arrangements to meet with individual Council members still have to be made, but would have to be done after elections. He noted that two of the current Council members would not be running for re-election and that the County Clerk is also the Elections Officer. Commissioner Ventura questioned when the newly elected Council would take office. Deputy Planning Director Aiu stated that the newly elected Council would take office in January. He stated that the Commissioners could meet with Council incumbents who are re-elected but it would depend on their availability. Commissioner Ventura stated that once election results happen, the Commission could request that staff start to make appointments with individual Council members. COMMISSION EDUCATION Chair Kinnaman turned the meeting over to Vice Chair Ventura for this agenda item. The Commission welcomed Tommy Oi from the Department of Land and Natural Resources. Mr. Oi stated that the Land Division of the DLNR manages all of the unencumbered lands on Kaua'i mostly from the upper reaches of the waves to the water. He stated that they grant right-of-entries to people for weddings and canoe races. He stated without a right-of-entry permit, most people are violating the rules. Vice Chair Ventura stated that the Open Space Commission is charged with making recommendations to the Council every year on sites that the County may want to acquire using the Open Space fund. She stated that the Commission received input on a few issues that are under the jurisdiction of the DLNR. She stated that general information is of interest to the Commission but specifically the status of Salt Pond Park. Commissioner Souza stated that one of last year's recommendations was to expand Salt Pond Beach Park mauka and westward for expansion of the beach park and to create a buffer for the salt pans. She questioned the status of the State lands. 8 Mr. Oi stated that the lands above Salt Pond Park is under a revocable permit to Gay & Robinson for sugar cane and pasture use. He stated that since they are now out of the sugar business, their intent is to utilize the land for pasture purposes. Commissioner Souza questioned the time frame for revocable permits. Tommy Oi stated that revocable permits are a month to month lease renewed every year. He stated that in order to deed the land to the County the Mayor could request a strip of land, but it would have to go through a subdivision process and would need the concurrence from Gay & Robinson. Vice Chair Ventura questioned if it would be conceivably possible for the County to enter some sort of agreement that was not necessarily a permanent conveyance. Mr. Oi stated that if only a right-of-entry is granted, the State could take the land away from the County at any time. He noted that Legislation states that alternative energy takes precedence over State land. Commissioner Souza stated that the County would need to encumber the land for it to be more stable. Mr. Oi agreed that it would better if the County had total management over the land. Vice Chair Ventura clarified that the County would need permission from the permit holder if they were proposing action within the next year. She stated that if the Commission was proposing an action that would occur after a year, then it would be up to DLNR's discretion. Mr. Oi stated that they would then entertain taking that section of land for the County and reducing the acreage for Gay & Robinson. He noted that the Department of Parks & Recreation is currently seeking to acquire 6 acres for expansion of the Veterans' Cemetery and is going through the process of obtaining concurrence from Gay & Robinson. Chair Kinnaman questioned if the State currently owns Salt Pond Beach Park. Mr. Oi stated that most of the park was turned over to the County through executive order. Commissioner Souza stated that when a parcel is granted through executive order, it is still owned by the State but almost permanently given over to the County. She questioned the cost that would be associated with the County acquiring the property. Mr. Oi stated that most of the costs would be from subdividing the property. 9 Vice Chair Ventura questioned the DLNR's decision making process. Mr. Oi stated that the Mayor would need to write a letter to the BLNR Chair requesting that portion of land. He stated that the Chair would give the request to the DLNR staff to start the executive order process that would need to be approved by the BLNR. Commissioner Souza questioned the Puolu Point area, makai of the air field. Mr. Oi stated that the Burns field area is under the Department of Transportation's Airports Division who is also responsible for the land outside of the fence, up to the high water mark. He stated that the DLNR does not manage that area. Commissioner Dela Cruz questioned the ownership of the salt pans. Mr. Oi stated that the Department of Transportation also owns the salt pans area. He stated that the Historical Preservation requested that land, but they didn't have the funds for the subdivision process so the land remained under the Department of Transportation. Chair Kinnaman stated that the Commission was more interested in expanding the Beach Park west and mauka because of overcrowding. Mr. Oi stated that if the Parks & Recreation Department wasn't in a rush to acquire the 6 acre parcel, he would have suggested proposing it jointly since they already have to go through the subdivision process. Vice Chair Ventura questioned if the DLNR allows subleases. Mr. Oi stated that the State does not allow subleases. Chair Kinnaman questioned if there was any possibility that the DLNR would consider discussion with Gay & Robinson when reviewing the lease. Mr. Oi stated that if the Mayor states that within the near future the County would like to expand the park, then the DLNR would explore that when the permit is up. Vice Chair Ventura stated that the information that was shared was very useful. She stated that their mandate is to make recommendations to the Council for use of the fund, but one of the things they have learned is that if the Commission can articulate a strategy for how to accomplish the acquisition, then it makes it more achievable when putting forth the recommendation. Chair Kinnaman asked if Mr. Oi could expand on the jurisdiction of the DLNR regarding the beaches. 10 Mr. Oi stated that the beach park is up to the high water mark. He stated from the high water mark to the ocean is the DLNR jurisdiction. He stated that enforcement issues from the high water mark, mauka becomes problematic in areas of Po'ipo. Vice Chair Ventura questioned where the high water mark is set on a beach and if it is set by a certified shoreline survey. Mr. Oi stated that shoreline certifications are to establish setbacks for buildings and do not necessarily establish ownership of the property. He stated that it is more for the County than the State. Commissioner Souza questioned vegetative encroachment to limit access. Mr. Oi stated that the conservation office in Honolulu would call DOCARE to investigate any complaints. Commissioner Punzal questioned if the salt pans at Salt Pond Beach Park was the only place that salt is produced on Kaua'i. Commissioner Souza stated that it may be the only place in the State which is why it is significant. Mr. Oi noted that they are constantly trying to turn the salt pans over to the State Historical Preservation. The Commission thanked Mr. Oi. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Staff distributed copies of the posted agenda for next week's meeting. Commissioner Dela Cruz noted that the next meeting will be in the Pi'ikoi Building. 11 ADJOURNMENT MOTION: It was moved by Jean Souza and seconded by Johanna Ventura to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. Meeting adjourned at 4:20 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 12