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HomeMy WebLinkAbout2011-1-27 Open Space Commission Minutes approved 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 January 27, 2011, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Tessie Kinnaman, Chairperson, Johanna Ventura, Vice Chairperson, Maurice Nakahara, Eugene Punzal, and Jean Souza. The following Commissioners were absent: Linda Dela Cruz, and three (3) vacancies. The following staff members were present: Nani Sadora and Duke Nakamatsu. SWEARING IN OF COMMISSIONERS Commissioner Ventura was sworn in for re-appointment by County Clerk Peter Nakamura. CALL TO ORDER Chair Kinnaman called the meeting to order at 1:23 p.m. APPROVAL OF AGENDA Chair Kinnaman noted that the approval of meeting minutes of 12/29/11 should be 12/29/10. MOTION: It was moved by Johanna Ventura 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 10/28/10 and 12/29/10 Regular meeting minutes of 10/28/10 —Approved I Commissioner Souza noted a spelling correction in the 2nd to the last paragraph on page 5 from "Kuapea" to "Kauapea". MOTION: It was moved by Jean Souza and seconded by Johanna Ventura to approve the minutes of the 10/28/10 meeting as corrected. All were in favor by unanimous voice vote — motion passed. Regular meeting minutes of 12/29/10 —Approved Commissioner Ventura noted a spelling correction in the last paragraph on page 2 from 11 perseveration" to "preservation". Commissioner Souza noted a correction on the last paragraph on page 1 from "She the commission" to "She said the commission". MOTION: It was moved by Johanna Ventura and seconded by Eugene Punzal to approve the minutes of the 12/29/10 meeting as corrected. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS There were no announcements. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Chair Kinnaman questioned the status of the two mayoral appointee applicants. Ms. Sadora stated that the Mayor actually appointed one of the applicants but the applicant expressed yesterday that he would not be able to commit to the amount of time the commission requires due to prior commitments. As a result, Commissioner Punzal agreed to be on call during his 90 day holdover until an appointment can be made. She noted that the Council has one applicant that they are still working to appoint, but the applicant is trying to determine if it will work out with her schedule and other commitments. Commissioner Souza noted that if the commission were to cut their meetings back to once a month, they would have to do more work at home. 2 Commissioner Ventura felt that twice monthly meetings help to prompt movement. She stated that if they switched to once a month meetings, with the expectation that more work would be done by staff or an investigative team, she suspected that less work would get done. Commissioner Punzal felt that two meetings a month are more productive for things to move forward. Commissioner Nakahara felt that the Commission could use the first scheduled meeting of the month as mandatory, then use the second monthly meeting as needed if there are important legislative matters pending. Chair Kinnaman stated that she could personally do once a month meetings, but it would have to be longer than 3.5 hours. She stated that she liked bimonthly meetings, but if the same amount of work could be done with longer hours once a month, she could see that working too. Commissioner Souza stated that their work requires a lot of time and the public expects them to do more than they have been doing. She could not see the commission cutting back the actual hours involved. She noted that with the proposed changes to Ordinance 812, the commission could become involved with even more than they are now. She stated that she would be open to more efficient meetings, but with new commissioners coming in and out there would be a lot of discussion. Commissioner Ventura stated that there seems to have been more than one withdrawal after the applicants have made it through at least an initial screening. Ms. Sadora stated that the details are usually communicated by staff. She stated that the conversations are usually good as far as the focus and the direction, but when they receive the packet including the rules, parliamentary procedure, and schedule of meetings, that seems to be where the time conflicts arise. She said that she communicated to both the Council and the Administration that they need to mention the twice a month schedule and 3.5 hour meetings. Commissioner Ventura stated that there is usually an investment in candidates of over a month before they realize that it's not a good match. She suggested that the time commitment be communicated early in the screenings versus 30-60 days later. Commissioner Nakahara noted that when he was appointed by the Council, the frequencies of the meetings were explained up front and then he received the packet from staff. He didn't feel that the process took a month. Commissioner Souza suggested that former commissioners from other commissions may be good candidates since they are already in the routine of attending regular meetings. She also stated that there are many people retiring and would have more time before they become fully involved in their new routine. 3 Chair Kinnaman noted that most commissions, aside from the Planning Commission, only meet once a month. She requested that staff verify the waiting period for commissioners who previously served on other commissions before they can reapply. Commissioner Ventura stated that she liked Commissioner Nakahara's suggestion on a regular once monthly meeting, with a second meeting as needed. She stated that she suspected that they would most likely need to meet twice a month, but stated that it might be a good idea to ask the question at each meeting. Commissioner Souza questioned if the commission felt that they could be efficient in meeting only once a month. Chair Kinnaman stated that she did not feel that they could only meet once a month if it were for only 3.5 hours. She said there may be more time between meetings during the survey period while gathering input. Commissioner Souza stated that certain organizations have one hour meetings with committee reports, but pointed out that it would require a lot of preparation prior to the meeting. 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 stated that all of the changes have been made in the report and that only the executive summary needed to be written. Chair Kinnaman stated that a member of the community requested mentioning that the access to Kukui`ula Bay through the former Hoban property was used for gathering rights. Commissioner Ventura stated that she felt it would be good to include as background information, but didn't feel that it would be a top justification to prompt action on the part of the Council. She said the commission would be more interested in acquiring the easement for everyone to utilize. Chair Kinnaman also noted that if they listed gathering rights for Hoban, then they would have to include it for all of the other sites. Commissioner Ventura suggested mentioning that the access was a pedestrian access used by the community and that there is now a wall blocking access. Commissioner Souza stated that it used to be an open ditch that people used to access the shoreline from the road, but when the Hoban's developed the property, the ditch 4 was converted to a pipe and the county retained the easement for drainage. She stated that upon construction of the home, a high wall was built. She stated that the proposal is to re-establish access to the shoreline on top of the county easement for drainage. Commissioner Ventura suggested including a date when access was blocked. The commission agreed to change the recommendation on page 8 of the report to read as follows: "This proposal is to acquire a pedestrian shoreline access over an existing drainage easement on the former Hoban property. The existing County of Kaua'i drainage easement at this location was traditionally used by local residents to access the shoreline for gathering and outdoor recreation. In 1995 year, the property owner constructed a wall which blocked any access. This would provide the only safe access between Kukui'ula Harbor and Spouting Horn." Commissioner Ventura suggested the same language to amend the bullet on the abstract. She questioned if the dossier that the staff prepared outlines the process by which Council would consider or undertake condemnation. Ms. Sadora stated that she outlined what was done when the initial appraisal was made in 2007 and included an updated commission recommendation for condemnation. She stated that her understanding was that there was a packet sent to the council with a request for condemnation. She stated that she would need to verify if they still have that information. She noted that any cost estimation that was provided for consideration would need to be updated. Staff distributed copies of the aerial abstracts for each of the recommendations for inclusion into the report. The commission agreed to use the 3 paragraphs from the report as the bulleted recommendations on the abstract for the access to Kukui`ula through the former Hoban property. Regarding the Po'ipu Beach Park Expansion (West) current list price, Commissioner Ventura suggested that it would be more compelling to list the price as of date. Commissioner Souza suggested keeping the first bullet recommendation and using the 2 paragraphs from page 8 of the report for the next 2 bullets on the abstract. Regarding the Proposed Piwai (Omao) Recreation Area, the commission agreed to list the sale price as the first recommendation bullet on the abstract. They also agreed on the following 3 additional bullets: "This property is currently used as a recreational vehicle track (motorcycle, all terrain vehicle and mountain bike)." "The acquisition of this land will allow these recreational uses to continue in a safe and environmentally compatible manner with stewardship opportunities." "The acquisition of this sizeable property is compatible with the commission's past interest in Public Hunting Area C and the upland recreational potentials mauka of Kalaheo." 5 Regarding Restoration and Expansion of Shoreline Access, Lawa'i Kai to Port Allen, Commissioner Ventura noted that there was no reference to traditional use. Chair Kinnaman questioned the status of the legal opinions. Ms. Sadora stated that because of the changeover in Deputy County Attorneys they have developed a list of follow up items. Commissioner Ventura recommended the following for the abstract recommendation: "Public shoreline access along this coastline has become increasingly restricted by the land owner including the imposition of a 4-month-long, no public entry period every year." "Restore and expand shoreline accesses for fisherman and other coastal users from the highway along a narrow coastal corridor stretching parallel along the shoreline." Commissioner Souza suggested inserting Halewili Road in the first paragraph on page 10 of the report rather than "from the highway". Commissioner Ventura also pointed out a typo in the first paragraph "usersfrom" should be "users from". Regarding Salt Pond Beach Park Expansion, Commissioner Ventura suggested that the current heavy use of the park is a more compelling justification than buffering the pans. The commission agreed to state "As the only major public beach park between Po'ipo and Polihale, Salt Pond Beach Park is heavily used and needs to be expanded westward and mauka" as the first bullet. Chair Kinnaman suggested adding "annual" to "revocable permit" in the second paragraph of the report. The commission agreed to a second bullet item to replace the existing bullet: "Expansion mauka and westward would allow reposition of uses in the area for improved protection and establishment of buffers for the significant salt pans." The commission agreed to add "Opportunity for the county to seek an executive order to transfer a portion of state lands to the county for public recreational and cultural preservation purposes" and "The Open Space Fund could fund the necessary subdivision process for the State-owned properties and the acquisition of the private property interests of a few of the properties in the beach park expansion area." Commissioner Ventura asked if the Planning Department had time to review the report. 6 Ms. Sadora stated that the Planning Director Michael Dahilig still needs to review it. She stated that she would submit the report, the aerials, and the field trip report for his review. She questioned the changes in the report. Commissioner Souza stated that she would work on the changes to the text of the report and staff would work on the changes to the text of the aerials. Ms. Sadora stated that once she receives the report from Commissioner Souza and makes the changes to the aerials she will forward it to Mr. Dahilig for his review. She said she would also forward a copy to Deputy County Attorney Jung. Commissioner Souza stated that she would be available to meet with them should they have any questions. Commissioner Ventura stated that she would also be available by phone. Chair Kinnaman stated requested updated copies of the report for the commissioners as well. Review and discussion on 3/11/10 North shore field trip. Commissioner Ventura noted that the filed trip report was approved but the commission had requested that staff insert the TMKs. She said that it was kept on the agenda because there were possible opportunities and actions for the commission to take or to have education sessions. Regarding 'Aliomanu-Papa'a, Commissioner Ventura noted the possible opportunity for action was for the commission to ask for updates from the County Attorney's Office, and to encourage the county to develop consistent signage. She stated that in order for the commission to discuss the topics, they would need to be listed as an agenda item. Commissioner Souza stated that they could make the recommendation in the report as: "Open Space Commission recommends that the county develops consistent signage." She said if the county wants to report back to the commission, then it could be placed on the agenda. Commissioner Ventura questioned if the commission would like to do a resolution to communicate with the appropriate county entities. Commissioner Souza stated that a resolution would need to be drafted then forwarded. She suggested changing the report to include the recommendations, include a cover letter, and forward the report to the appropriate agencies. Commissioner Ventura noted that on page 4, regarding 'Aliomanu-Papa'a, the possible action was to investigate how the commission can best support efforts to address 7 liability protection for county trails and other open space assets. She stated that she envisioned that to be an education session with the attorney and whoever else he feels would be helpful to that conversation. Regarding Moloa'a Bay, Commissioner Ventura noted that inviting Na Ala Hele would be another potential education session. Commissioner Souza suggested removing the word "investigate". The commission agreed on the following opportunity for action: "Hold an education session to explore how the commission can best support efforts to address liability protection for the County trails and other open space assets." Regarding Ka'aka'aniu, Commissioner Souza noted that there are still unresolved questions regarding the parallel access. The commission agreed on the following action for both items on page 5: "Monitor the situation." Regarding Mauka View Mile 22, the commission agreed on the following OSC action: "Encourage amendment to Ordinance 812 so that the Open Space Commission is empowered to advocate and propose policies and legislation to further public access and open space efforts on Kaua'i. Commissioner Ventura noted that there are two letters for the chair or the planner to write; one to the Parks Department and one to the Planning Department to encourage the development of specific criteria and guidelines for evaluating and protecting KauaTs emblematic scenic views with a cc to the Mayor's office. Regarding Kahili Beach, Commissioner Ventura noted that the opportunity for action is to encourage the county to assess erosion of soils, etc. onto beaches and into streams at access ways and to adopt measures to minimize such runoff. She stated that could also be addressed with a letter from the chair to the appropriate agency, highlighting the recommendation, but she didn't know who the appropriate agency would be. Commissioner Souza noted that the report is going to be forwarded to the Council and the Mayor. She stated that the recommendations could be coordinated and directed by the Administration. Regarding the Westin Princeville, the commission requested that staff determine the send an acknowledgement letter to the responsible entity for the good maintenance and signage. Regarding signage ('Anini), Commissioner Souza stated that she was fine with encouraging the county to develop consistent signage and to provide an occasional status report with a cover letter accompanying the report. 8 Regarding Queen's Bath, Commissioner Souza recommended including the date that the Kauai Visitor's Bureau provided the education session. "(Sue Kanoho conducted an education session for the commission on July 22, 2010.)" Commissioner Nakahara stated that there are only a few parking spaces for Queen's Bath, and parking is problematic. Commissioner Ventura noted that the Princeville security will place a boot on your car if you park outside of the designated parking area. Commissioner Nakahara stated that the underground publications advertise these areas and are causing the hardships that the residents of the area are encountering. Commissioner Punzal stated that the visitors to Queen's Bath aren't generating any revenue there so there wouldn't be any vendors losing money. He felt people shouldn't be allowed to go there. Regarding the Cliffs' area in Princeville, Commissioner Ventura noted that the second opportunity for action was an education session for establishing trails which would be the 3rd education session the commission would want to schedule. Commissioner Souza questioned if there was follow up regarding the access sign for Keonene Beach-Fort Alexander access at Princeville. Ms. Sadora stated that she had initially met with the former Planning Director Ian Costa, but she did not receive a response, so she will follow up with the new director. Regarding the Hanalei Bay access, Princeville, Commissioner Ventura noted that the words "By resolution" can be omitted and the recommendation could simply be noted in the report and forwarded with a cover letter. Regarding researching the existence of alternative access to Hanalei Bay from Princeville, she questioned if that should also be a potential education session. Commissioner Souza stated that it would be timely because of possible developments in the adjacent area. Ms. Sadora stated that she would investigate and report back to the commission. The commission agreed on the following opportunity for action: "Research access to Hanalei Bay from Princeville to the coastline." Commissioner Nakahara stated that he would be willing to walk any of the existing accesses that staff determines are the official accesses. 9 NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Commissioner Ventura stated that she has notes on the running list of potential commission education topics that she would forward to staff to create a handout for the commission to prioritize. Commissioner Souza stated that the 2010 report and public comment can be removed from the next agenda. The commission agreed to add presentation of the report to the council. Chair Kinnaman questioned the status of the commissioners meeting with council members regarding the proposed amendments to the Ordinance. Ms. Sadora stated that she met with County Clerk Peter Nakamura and the council analyst. She said that the bill will be reviewed by the analyst and Deputy County Attorney Jung. She stated that the bill would need to be introduced by the administration or directly from the commission to council. She stated that it would be more favorable if it is presented from the administration. Commissioner Souza stated that they already had a brief meeting with the Mayor regarding the amendments. Ms. Sadora stated that the protocol would be for the Planning Director to provide a submittal for the Mayor to support. Commissioner Souza requested that the dossiers that the commission requested from staff be placed on the agenda for review. Chair Kinnaman questioned if all commissioners will be able to attend the February 10 meeting. Ms. Sadora stated that Commissioner Dela Cruz should be available and that Commissioner Punzal would only be available on holdover if he is needed for quorum. Commissioner Punzal stated that he will be hosting visitors from Japan during that week, but he would excuse himself if he is needed for quorum. Commissioner Nakahara announced that he will be unavailable on March 10, 2011. 10 ADJOURNMENT MOTION: It was moved by Johanna Ventura and seconded by to Maurice Nakahara 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 11