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HomeMy WebLinkAbout2010-11-18 Open Space Commission Minutes COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Liliu'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 November 18, 2010, in the Llhu'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 Eugene Punzal. The following Commissioners were absent: Jean Souza, and three (3) vacancies. The following staff members were present: Nani Sadora and Duke Nakamatsu. CALL TO ORDER Chair Kinnaman called the meeting to order at 1:15 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 9/30/10 and 10/28/10. Regular meeting minutes of 9/30/10 —Approved. MOTION: It was moved by Eugene Punzal and seconded by Linda Dela Cruz to approve the minutes of the 9/30/10 meeting. All were in favor by unanimous voice vote — motion passed. Regular meeting minutes of 10/28/10 — Deferred. I MOTION: It was moved by Eugene Punzal and seconded by Maurice Nakahara to defer approval of the 10/28/10 meeting minutes. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS Ms. Sadora announced that the Open Space Commission would be receiving a new appointment for their Deputy County Attorney. She noted that according to the upcoming Planning Commission meeting agenda, former Deputy County Attorney Michael Dahilig is scheduled to appear before the Commission for appointment as Planning Director. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora announced that there were still no updates from the Administration or from Council. 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. The Commission received testimony from Bertram Almeida, Ron Victorino, and Karl Ramirez from GIMC and KMXA regarding the Knudsen/A&B mauka of hwy. Omao recommendation. Mr. Almeida stated that there is a decreasing amount of area and an increasing popularity of off road riding on Kaua'i. He stated that the Garden Island Motorcycle Club was founded in 1946 by Larry Andrade and hosts the longest consecutive motorcycle race in American history. He said that people from all over that world attend this event. He noted that in 1946 there were about 12 racers and it has grown to almost 400 in 2010 with riders ranging from 5 to 75 years old. He explained the four types of races. He said that the poker run varies according to skill level and participants pull cards along the course. The Hare and Hound is similar to the Poker run except it is done according to speed and without pulling a hand in the end. Scramble is a closed course, 30 minutes long, and participants complete as many laps as they can. The last is motor cross. Regarding some of the myths and misconceptions of motorcycle riding, Mr. Almeida stated that there is a small amount of erosion that occurs, but as an organization, they educate people on where to ride and where not to ride, and how to install water bars. 2 He said another misconception is that motorcycle riding is an unsafe sport. He said in his opinion it is no different from football or surfing. He noted there is always some risk involved but in a controlled environment it can be controlled and regulated. He said the last misconception is that motorcycle riders are bad people. He noted that there are many families with children, doctors, and lawyers and it is very family oriented. He stated that their goal is to educate members on the rich heritage and history of motorcycle riding on Kauai, to educated members to be conscientious and responsible riders, to secure some land in order to create a controlled, safe, and fun family oriented riding and recreational environment, to provide access for motorcycle riders, mountain bikers, horseback riders, and hikers for generations to come, to be environmentally responsible land stewards by educating members to care for the land, eradicate invasive species, and introduce native Hawaiian plants. He said they have also helped other 501(c) organizations such as the Kauai Adult Volleyball Association and they have made donations to the Kaua'i Senior Center and the United Way. He stated that the Poker Run on December 12 will be free of charge, with free food from Plantation Gardens, but they require that people donate canned goods for the Food Bank. He noted that they also raised money for the Nobriga family to help with funeral costs. Mr. Victorino addressed the economic impact to the State. He stated that he manages Garden Island Motor Sports in Kapa'a and that his family has been very involved in riding for many years. He noted that purchasing a motorcycle requires a commitment of about $2,000-$5,000 for children, and about $4,000 to $9,000 for adults. Riders also need to purchase gear and accessories ranging from $250 to $1,500. He noted that for a typical weekend ride, families spend about $100 on maintenance and food items so it also benefits the local businesses and the community. He noted that there is no current registration process, but suggested that an off road permitting system in the future would help to control and assist in the maintenance of the land. Mr. Ramirez addressed some of the social benefits. He stated that the concept of the race is that every level of riding is covered from children to expert. He noted that the current area in Omao is an ideal location for families and it is the kind of area that could be similar to a world class ski resort. He stated that when he was young the entire island was like a playground and now it is down to only 1/10 of what they used to have. He stated that his goal is to hold on to something that they can give back to the children. Mr. Victorino stated that there are different kinds of riding. He noted that the motorcross track in Wailua is only one type of riding and there is an average of only 30-35 riders because of the technique that is required. He stated that they are targeting the every day riders that can't necessarily maneuver the type of obstacles or jumps at a motor cross. He said that 425 riders attended the event in March with their families and the Mayor was amazed at the amount of people that were there. He said this type of area is lacking unless there is some kind of connection for use of private lands. He stated that it needs to be controlled and maintained for safety and fun. Mr. Almeida stated that the members of the GIMC and KMXA are appealing to the Open Space Commission to acquire TMK 2-5-01 for the purpose of outdoor recreation and 3 education as well as providing access to the mountains. He noted that the 204 acres owned by A&B is for sale for less than $3 million. He stated that acquiring this property would provide added protection for the water tanks. Commissioner Ventura noted that there were 3 parcels on the abstract. Mr. Almeida stated that there are 121 acres in one parcel and 81 acres in another with a combined acreage of 204 that is for sale. Mr. Ramirez stated that the parcel has been for sale for over 3 years, but it would cost developers over $10 million for infrastructure. He stated that they are only seeking the land which is the perfect terrain. Commissioner Punzal questioned how the clubs currently access the area. Mr. Ramirez stated that the Knudsen trust has been kind enough to allow them to use the land for staging and set up, and they have permitting arrangements with A&B. He noted that the combined acreage with use of the mountains and fields is over 1,000 acres. Chair Kinnaman questioned the location of the majority of riding surface. Mr. Ramirez stated that Knudsen allows use of their land, but the ideal location is on the A&B property. Mr. Victorino stated that a lot of the riding is done in the mountains and valleys. He said that the issue is that access to those areas is through private lands. Mr. Ramirez stated that maintaining the trails is a year round job and they have been doing it for over 20 years. Commissioner Ventura stated that she would like to support the idea and would like to ensure that it has enough momentum to go forward. She stated that the Commission's role is to make recommendations to the Council on which properties to acquire using the funds. She noted that Open Space funds were used to purchase property for the expansion of Black Pot Park which required more money than was available in the fund. She stated that the champion for that acquisition was the Kaua'i Public Land Trust who acquired other sources of funding and appeared before Council numerous times. She noted that the Open Space Commission would not be the only body that they would need to convince and that when they appear before Council it will garner additional interest from community members who may have other concerns. She expressed appreciation for the statement that was made about losing our lands, because she felt that was the intent and spirit of why the voters created the fund. She questioned if there was a model of publically owned lands being used for off-roading within the State. 4 Mr. Almeida stated that the Big Island has 400 acres set aside on State property and that Senator John De Soto helped acquire an area in Kahuku. Commissioner Ventura stated that the County would require reassurances regarding structure and liability. She suggested that gathering information on successful models would help to push the project forward. She questioned if the A&B property alone would be big enough to handle the current level of operations or their vision. Mr. Almeida stated that the property in Kahuku is similar to the property that they are looking at. He stated that the analogy of dirt biking is that it is always difficult when starting anything, and acquiring additional funds would be one of the challenges. He stated that if they had an opportunity they would find a way to do it. Commissioner Ventura questioned if Mr. Almeida could characterize where people are currently riding and whether they may be trespassing on private property. Mr. Almeida stated that Bully Mission from the DLNR thanked them because since the Omao riding has been established, there has been less riding in the Kokee area. Mr. Victorino stated that there is a lot of illegal riding going on and there are a lot of complaints in the Anahola area. He stated that they are trying to provide a place that is legal for people to ride. He said the KMXA has been working with the County with the 18 acres on the way up to Wailua falls that was designated for recreation and they are looking at that area for a motor cross. He said they still have not secured any areas but they have been working with different agencies for over four years and are still trying. He stated that they try to pursue any opportunities that they have. Chair Kinnaman questioned if their events attract off-island or mainland participants. Mr. Almeida stated that the last event attracted people from Europe and is known throughout the world as one of the toughest competitions. He noted that it took him 8 hours to complete the intermediate course. He said there are multitudes of people from the West and East coasts and outer islands and the hotels all benefit from the flow of cash that is generated. He stated that he is normally not one to favor taxes but he feels that there is a need to implement some kind of a charge on motorcycle or dirt bike riders and it would be a good way to put money into the fund. He stated that the County has helped them out a lot and they would like to give back to the County. Mr. Victorino added that for the Labor Day race, there were 7 containers shipped in from the outer islands. Chair Kinnaman stated that it would be good if they could lobby the Council and the Mayor so they can all be on board together. Commissioner Ventura stated that the most compelling part of their argument was that by designating a space they are exercising stewardship of all the other spaces. She 5 said to the extent that the organizations can focus on that and foster the awareness amongst their members they can also be advocates. She stated that she agreed that it is an incredible and healthy community activity in terms of providing passion for the children. The Commission thanked Mr. Almeida, Mr. Victorino, and Mr. Ramirez for their testimony. Commissioner Ventura suggested that the Commission review the list of recommendations. She felt that prioritizing the list should take place over two meetings. The Commission agreed to change the recommendation from "Knudsen/A&B mauka of hwy. Omao" to specifically "A&B mauka of hwy. Omao". Commissioner Ventura noted that that the acreage presented by the GIMC for the A&B property did not match with the information on the abstract. She stated that there may be more than one parcel. She requested that staff verify the information. Ms. Sadora stated that the discrepancy could be what the club understands the acreage to be versus the recorded acreage. She stated that she would verify the information. Regarding the "prepared by" list of Commissioners, Commissioner Ventura suggested listing each vacancy. Commissioner Punzal suggested listing who each vacancy is appointed by. Ms. Sadora asked the Commission to confirm the table of contents with the order and titles, then review the content. Commissioner Ventura question if staff received clarification on the status of the fund. Ms. Sadora stated that the Department is recommending that the Commission list the amount in the fund as of the end of the fiscal year, because that is the amount that will be there July 1. Commissioner Ventura stated that the Commission selected and prioritized four recommendations last year. She noted that they were not locked in to a certain number or prioritizing the list. She stated that they learned that prioritizing may call extra attention to a particular site. She noted that this year there were eight specific location and a ninth opportunity that was not a specific property. Chair Kinnaman stated that that ninth opportunity is referred to as Kalanipu Ridge. Commissioner Ventura questioned if staff was able to provide an inset to the Port Allen to Lawa`i Kai aerials. 6 Ms. Sadora stated that the inset has been a challenge because it is a large area. She stated that she could shade in the different parcels and also provide a geographic map of the coastline. Commissioner Dela Cruz agreed that a geographical map would be helpful. Commissioner Ventura stated that she understands the community's need for a solution, but was unsure if the Commission could make a specific recommendation by December. She stated that she would like to hear from the County Attorney's office regarding the Statutes that were cited. She questioned if there was a specific notation on which easement should be acquired. Ms. Sadora stated that the concern was that there is no access along the whole coastline. Chair Kinnaman stated that Camp One would be one area that is closest to the ocean that would be easiest to access by car. Ms. Sadora stated that there is communication being reviewed by the County Attorney's office to the DLNR and to the UH Law School specifically outlining the Commission's questions regarding the Statutes and outlining that there is access but controlled by a permitting process. She stated that they might receive a reply from the University outlining public access through private property. She was not sure how specific the reply would be from the DLNR. She stated that she was not sure if any responses would be received in time for the current report. Commissioner Ventura questioned the status of the Hoban property. Ms. Sadora stated that she received communication back from the developer. She stated that there was agreement between the Planning Department and the developer not to enforce the deadline. She said the developer would still consider Hoban as an access easement to be acquired, but noted that $140,000 was already used as part of the Boiden's Pond improvement and $120,000 for EIA fees. She stated that the current balance is $238,800. She stated that when the easement was initially recommended by the Commission it was determined that the only way to acquire the easement was through condemnation. Commissioner Ventura added that Hoban was included in last year's report under "Other Recommendations" asking the County to acquire the pedestrian access using the funds from the Ordinance. She stated that the assessed value of the easement was provided to the Commission a while back and questioned what the value was. Chair Kinnaman stated that when the former Finance Director spoke to the Commission he reported the assessed value. She stated that the Planning Director was going to follow up with the information, but the Commission never heard back. 7 Commissioner Ventura stated that she recalled that a draft outline was presented to Council, but they did not take action. Ms. Sadora stated that communication was sent to Council in January 2007, outlining the condemnation. She stated that she would follow up with Council on the results of that communication. Commissioner Ventura questioned the parcel north of Otsuka's in Kapa'a. Ms. Sadora stated all of the surrounding parcels are owned by the State of Hawai'i. She said she will try to determine if the parcel is for sale. Chair Kinnaman suggested requesting the State execute an executive order for the parcel between the two South Pacific Bistro parcels. Commissioner Ventura recalled that the State has already told the land owner that they were not interested in selling that parcel. She stated that she did not feel a sense of urgency being that it is a small parcel. Chair Kinnaman expressed concern that the State may decide to sell the parcel in the future. Commissioner Dela Cruz felt that the property was not large enough or feasible enough to acquire. Commissioner Ventura suggested a letter of interest stating that if the parcel was being considered for sale that the Commission would like to know first. Chair Kinnaman stated that would work. She stated that she would prefer that the County own it rather than the State offering it for sale. Commissioner Punzal stated that it would be a nice area to keep open for view plane. The Commission agreed to remove it from the priority list of recommendations and send a letter of interest to the State. Commissioner Nakahara stated that he personally felt it was a commercial area and didn't feel it was desecrating the view from the path. He stated that he would look at the property when he drives by. He didn't feel that the State would sell the land around the parcel. Commissioner Ventura stated that Commissioner Nakahara brought up a good point that because the path is there, there already is public access and public use. Regarding Wailua Falls, Ms. Sadora stated that the area on the other side of the road is owned by the State. She noted that the big parcel to the left of Wailua Falls has a 8 bunch of names on the TMK. She stated that they may have some kind of agreement to lease the State land and that Real Property is verifying the ownership information. Commissioner Punzal stated that years ago people could pull off and park on the side of the road, but it has been reconstructed and now there are only a few stalls to park and people are parking in the turnaround area. He stated that he had a difficult time turning around to exit. He felt it would be worth investigating the possibility of opening up more area for parking. Commissioner Ventura questioned if there should be communication with the State asking what their plans were. She felt that the role the Commission could play is to encouraging the State to more actively manage the area. Commissioner Punzal stated that he would still like to keep it on the radar. Commissioner Ventura noted that the Commission could still serve as advocates for another process. The Commission agreed to remove the Wailua Falls parking area from the priority recommendations and write a letter to the State. Regarding 2179 Hoone Road, Ms. Sadora stated that there is no knowledge of a master plan for Po'ipu Beach Park, but there has been talk of one. Chair Kinnaman stated that the property has been on sale through several owners. She stated that that the previous owners obtained building permits, sold it to the present owner, and it is for sale again. Commissioner Ventura questioned if there was a State certified shoreline. Chair Kinnaman stated that she thought there was a certified shoreline earlier in the year. Commissioner Ventura felt that this parcel would be a good contender since it is already next to a park that is very well used. Regarding Kaneiolouma, Ms. Sadora stated that the attorneys are trying to determine how to obtain information on the status of the Nukumoi lease. Commissioner Ventura questioned the suggestion for the makai end of Haupu ridge across Nawiliwili Harbor. Chair Kinnaman stated that the recommendation was to put it into conservation land. Commissioner Ventura questioned the zoning for the area. 9 Ms. Sadora stated that across from Huleia stream is a wildlife area. Chair Kinnaman suggested listing the parcel under the long range plan. Regarding mauka Salt Pond Park, Ms. Sadora stated that Tommy Oi understood what the intentions of the Commission were, but he said that even if the Commission were to send a letter, he wouldn't be able to act upon it. The type of research and work that would need to go into the project would require a letter from the Council or the Administration. She stated that the dossiers are a communication from the Commission to the Council to see if they could pursue it. Commissioner Ventura stated that Tommy Oi mentioned that the Veteran's cemetery was doing some kind of expansion and was doing a survey. Commissioner Dela Cruz stated that they were expending the area behind the cemetery and Tommy Oi suggested the Commission jointly propose their request for the park expansion. Commissioner Ventura stated that Mr. Oi brought it up because in order for the cemetery to expand they would need to do a survey and subdivision. She didn't feel that the Commission had the capacity to mobilize action to coincide with the cemetery expansion but could make a recommendation to the Council. Commissioner Ventura stated that given the challenges, it would probably not rise to the top, but she stated that she was okay keeping it on the list. Regarding Port Allen to Lawa`i Kai, Commissioner Ventura stated that she would feel more comfortable narrowing down a specific recommendation or access. Chair Kinnaman suggested asking Dr. Kawane for a specific recommendation. Commissioner Ventura stated that would be a good idea. Ms. Sadora stated that she would ask if there was a specific area that he would like to access. Regarding the A&B mauka of highway, Commissioner Ventura requested verifying the parcel information. Ms. Sadora stated that she will look for which parcels are owned by A&B and how much the properties are listed for. She stated that she will highlight the State parcels as well. Commissioner Ventura stated that she felt the club made a compelling case in that by designating an area for off-roading to occur, it empowers stewardship of other areas. She said that was a perspective she had not considered and felt that it was a compelling argument. She stated that if there is no designated area, people are still 10 going to ride, but if it is a group effort that is managed, they would be able to build that consciousness of stewardship. Ms. Sadora stated that leaves six sites for priority recommendation. Commissioner Ventura stated that it might be a good idea to wait for staff's follow up before prioritizing the remaining list of sites. Commissioner Dela Cruz agreed that it would be good to receive the follow up information before prioritizing. Commissioner Ventura stated that the Commission would probably be prioritizing at the next meeting so if any Commissioners would not be attending, they should provide their input to staff. She stated that in terms of the content of the report, she suggested that all the Commissioners look at sections they could contribute feedback. Commissioner Kinnaman questioned the Kapaia swinging bridge. Ms. Sadora stated that she listed the most frequently suggested sites from the survey. Commissioner Ventura stated that she would like to include the information about the petition, but she didn't feel that it should change the number of responses. She felt a sentence could be added that a petition was received with the amount of signatures listing the names of the motorcycle clubs. She stated that since they came in to testify, the number of testimonies should be changed to include their testimony. Commissioner Ventura questioned why Secret Beach 3 was removed from the list. Ms. Sadora stated that according to the minutes, the Commission was going to include it in the unresolved issues report. Commissioner Ventura stated cautioned that she did not want to give the impression that the Commission goes through all the trouble of gathering public input and not use them. She suggested bulleting the top three public input suggestions and provide a descriptive statement of why they were not included in the Commission's list of recommendations. Chair Kinnaman asked if there were any new suggestions that were never suggested on previous surveys. Ms. Sadora stated that Kilauea Falls, the former Guava Kai, Kapaia swinging bridge, and Wailapa Beach access were never suggested in the past. Commissioner Ventura stated that if the recommendations are bulleted, the A&B property could include that a 212 signature petition was received and the others can follow, starting with the most significant and stating whether or not they made the list. 11 Review and discussion on the 3/11/10 North Shore field trip. Commissioner Ventura stated that realistically she would have the report completed by 12/16, but she is going into finals so would not have it done before then. Ms. Sadora stated that she would only need the page count so that she can include it for the printing estimates. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Kinnaman stated that the next meeting will be on December 2, 2010 and the agenda will be the same. ADJOURNMENT MOTION: It was moved by Eugene Punzal and seconded by Linda Dela Cruz 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