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HomeMy WebLinkAbout2010-11-04 Open Space Commission Minutes COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Liliu'e Civic Center, Pi'ikoi Building, Conference Room B 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 November 4, 2010, in the Liru'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, and Jean Souza. The following Commissioners were absent: Eugene Punzal, and three (3) vacancies. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Michael Dahilig. CALL TO ORDER Chair Kinnaman called the meeting to order at 1:15 p.m. APPROVAL OF AGENDA Chair Kinnaman stated that she would like to take item VE, compilation of the 2010 public input process first. She also stated that the Commission should recess to take up the executive session as soon as Deputy County Attorney Dahilig arrives since he also has another engagement to attend. MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to approve the agenda as amended. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES The regular meeting minutes of 10/28/10 were not ready for distribution by the staff. I ANNOUNCEMENTS Commissioner Ventura announced that she will be sitting on an ad-hoc committee with the Department of Transportation as a private citizen to assist with the scoping of the public process for the Kaua'i Transportation Plan that will be a part of the State wide transportation master plan. She said the first meeting will be on December 17. She stated that she was specifically interested in being involved because of her work with the Hanalei roads committee which is concerned with the preservation of the highway in Hanalei. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora stated that it was a difficult to receive any kind of feedback from the Council or the Administration this week due to elections. Regarding the Commission's question on whether recently appointed Commissioner Nakahara's position could be changed from at-large to Anahola-Ha'ena, she stated that the County Attorney's office suggested leaving the appointments as is. She stated that Lianne Parongao has been assigned the role of contacting potential Council appointed Commissioners. She said there were no updates from the Administration. 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 is to consult with the County's legal counsel on questions and issues relating to the above item. This consultation involves consideration of the Commission's powers, duties, privileges, immunities and/or liabilities with regard to this agenda item. MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to move into executive session. All were in favor by unanimous voice vote — motion passed. The Commission moved into executive session. 2 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 Kauai County Council and the Mayor. Staff distributed copies of the report outline based on what the Commission assembled at the last meeting. Ms. Sadora provided aerials for all of the sites that the Commission included on their list. Commissioner Souza stated that the focus of this year's report would be the recommendations and the public input. She noted that the accomplishments are now listed in the year in review section. She suggested that the appendix include a chronological list of all the annual recommendations that have been made with the most recent first. She stated that a list of the site names would be sufficient. Ms. Sadora stated that the Department of Finance provided two balances. They recommended that for the annual report, the Commission use the balance of $774,877 which was through June 30, 2010. The amount as of July 1, 2010 would be $1,162,628. She stated that she will ask the Deputy Planning Director to confirm with the Finance Department which amount should be included in the report. Commissioner Ventura stated that when the previous Finance Director spoke to the Commission he stated that they usually acknowledge the balance at the beginning of the fiscal year, but don't actually deposit the money until later in the fiscal year. If the Council decided to initiate action, they would have access to the funds operationally. She stated that the Commission was advised to list the amount of funds available for the fiscal year, rather than the amount in the fund as of a specific date. She suggested that the Open Space Plan would be a good way to end the accomplishments section of the report. Commissioner Souza said she agreed with listing the Open Space Plan in the year in review section. She suggested that staff update the report content first, then work on the executive summary last. Ms. Sadora stated that the County Attorney and the Planning Department felt that information going into the unresolved issues report should be generalized. She stated that any discussion that the County Council requests should be done in executive session. 3 Review of opinions from the County Attorney's Office pertaining to the authority, duties, and proposals of the Commission. (Continued) Executive Session: Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92- 5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions and issues relating to the above item. This consultation involves consideration of the Commission's powers, duties, privileges, immunities and/or liabilities with regard to this agenda item. MOTION: It was moved by Jean Souza and seconded by Linda Dela Cruz to move back into executive session. All were in favor by unanimous voice vote — motion passed. The Commission moved back into executive session. 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. (Continued) The Commission reviewed the aerial photos for the recommended sites. Ms. Sadora stated that the Subdivision planner is working with Kukui`ula Development to determine if any of the funds are still available for acquisition of Hoban and they are expected to receive clarification within the week. She stated that she would be including all of the chronological communications in the dossiers that she is preparing. She stated that communication was sent back to Council indicating that it was too costly to pursue. Commissioner Souza stated that the estimate was done during the high point of real estate. Ms. Sadora stated that in order to pursue acquisition, they would need to recreate the chronological steps again. She noted that the last communication was in 2008. Regarding the parcel next to Otsuka's in Kapa`a, Ms. Sadora questioned the purpose of the Commission's suggestion. Commissioner Ventura stated that former Commissioner Blaich felt that this property is the first vista of the ocean and coastline that is seen when emerging from Kapa`a town, and it also marks the first strip of open land adjacent to the multi use path. Commissioner Souza requested a list of owners for the surrounding parcels. She questioned why the County had not acquired the property when they acquired the other parcels. 4 Commissioner Nakamura stated that the land owner was proposing to build a restaurant on the property at one time. Commissioner Ventura stated that whether or not the property is for sale would be a factor. Commissioner Souza stated that the County could choose to condemn the property even if it is not for sale. Commissioner Nakahara questioned the use for the property if it were acquired. Commissioner Ventura stated that acquisition of the property would be to preserve the open space and the open vista. She stated that she wasn't necessarily advocating the acquisition, just recalling the conversations. Commissioner Souza stated that it was one of former Commissioner Blaich's priorities and that she felt uncomfortable that a restaurant may be built on it. Ms. Sadora stated that she would research the ownership for the surrounding parcels. Regarding the Wailua Falls area, Ms. Sadora noted that from the road going mauka is all owned by the State. Commissioner Nakahara stated that Commissioner Punzal noted that there were only 4 parking spaces for the lookout. He mentioned that across the road was an open area and was asking if the County could look into acquiring a portion of it for parking. Ms. Sadora stated that she would need to reference the ownership on the other side of the road. Commissioner Souza stated that if it is owned by the State, it would be up to State Parks to develop it. She recommended that staff call the State Parks to determine their plans for addressing the parking needs. She noted that the County may not need to acquire this land. Commissioner Nakahara stated that if the State expanded the parking, they could bring in vendors like at Spouting Horn which would help pay for the parking. Regarding the parcel on Hoone Road next to Po'ipu Beach Park, Ms. Sadora questioned the purpose for the recommendation. Chair Kinnaman noted that the property hasn't been built on yet. Commissioner Souza asked staff to verify if the parcel is on the Parks Master Plan. She stated that she felt it was a good recommendation. 5 Commissioner Ventura stated that it would be interesting to know if the parcel is for sale. Commissioner Souza felt that this parcel is as high a priority as the Hodge property. She stated that as the resort area grows there isn't going to be any parking. She suggested that the recommendation be for potential expansion of Po'ipo Beach Park. Regarding Nukumoi, Commissioner Ventura stated that one of things that the Commission realized was that the opportunity for acquiring the lease was hearsay and not from a direct source. She asked staff to verify the information. Regarding Haupu Ridge, Ms. Sadora questioned what the recommendation was and the exact area. Commissioner Souza stated that it would be the slope where the breakwater attaches to the land at Nawiliwili Harbor. Regarding Salt Pond Beach Park, Commissioner Souza stated that Tommy Oi from the DLNR informed the Commission that Gay & Robinson has a one year revocable permit for the area and if the Commission is interested in it, the County could request an executive order for the parcel. Chair Kinnaman noted that the land would need to be subdivided. Regarding Port Allen to Lawa'i Kai, the Commission requested a full page map of the coastline area. Commissioner Souza stated that they may want to target specific parcels or certain areas within the coastline. Ms. Sadora stated that GIS will only show what the noted public roads and highways. Commissioner Ventura requested the status of the State owned sections. Commissioner Nakahara stated that during the plantation days, some of the teachers that grew up in the Wahiawa area used to go to Camp One for picnics. Commissioner Souza questioned where the fishing areas were located. Commissioner Dela Cruz stated that fishing would be all along the coastline. Commissioner Nakahara stated that people can also pick opihi. Ms. Sadora stated that there is a guard at the gate and only those who have a permit are allowed to enter. 6 Regarding the Knudsen/A&B Omao, Commissioner Souza questioned if the representatives from the motorcross organization could attend a meeting to provide more information on why they would like to acquire the property and point out the areas of use. Ms. Sadora stated that the reason they submitted their petition was that there was discussion of a proposed zipline operation on the Knudsen parcel that would eliminate any other activity. Commissioner Ventura stated that there was some precedence with the tremendous amount of interest expressed in the petition. She noted that the Commission has not yet made a decision about what the priority recommendation will be so it would also help in the decision making if they could provide some input. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Kinnaman stated that the Commission will cover the same agenda topics at the next meeting. She requested that the evaluation of the public input process be taken up as item B instead of item E. Commissioner Ventura stated that she will finish the field trip report for the next meeting. 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 4:30 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 7 8