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HomeMy WebLinkAbout2011-11-17 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 17, 2011, in the Llhu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Joseph Figaroa, Chairperson, Nathaniel Childs, Linda Dela Cruz, Tessie Kinnaman, John Lydgate, and Jean Souza. The following Commissioners were absent: Maurice Nakahara, Vice-chairperson, Johanna Ventura, and (1) vacancy. The following staff members were present: Nani Sadora, Duke Nakamatsu and Deputy County Attorney Jodi Sayegusa for Ian Jung. CALL TO ORDER Chair Figaroa called the meeting to order at 1:10 p.m. APPROVAL OF AGENDA MOTION: It was moved by Nathaniel Childs and seconded by Jean Souza to approve the agenda. All were in favor by unanimous roll call vote — motion passed. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 10/27/11. Commissioner Souza requested an edit to the 3rd paragraph from the top of page 10 from "Council was" to "Council members were". Commissioner Lydgate questioned the powers of the Commission. Chair Figaroa stated that the Open Space Commission is strictly an advisory and recommendation commission. t MOTION: It was moved by Tessie Kinnaman and seconded by Linda Dela Cruz to approve the 10/27/11 meeting minutes as amended. All were in favor by unanimous roll call vote — motion passed. ANNOUNCEMENTS Ms. Sadora announced that upon recommendation of the Commission, staff attended the facilitative skills for collaborative leaders workshop on Monday and Tuesday. She stated that it was very beneficial in being a support for facilitating and recording meetings. She highly recommended the workshops for anyone who was interested. Commissioner Souza thanked the staff for following up on their request. She stated that the workshops teach life skills in a practical way. Ms. Sadora stated that there wasn't any part of the workshop that was only meant for the planner or the secretary. She stated that it was beneficial to know all of the information and Donna Ching is a passionate instructor. RECEIPT OF ITEMS FOR THE RECORD There were no items to receive. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Chair Figaroa noted that there are now eight seated Commissioners. Ms. Sadora stated that this item can be removed from the agenda until the Commission works out appointment of their ninth member. Update and discussion of the Commission's work plan/timeline of events and activities through 2011, to include future Commission education topics and scope and timing of facilitated review of the Commission's vision, goals, direction, priorities, processes and proposals. Chair Figaroa stated that at the last meeting the Commission decided to remove the facilitated review portion of this agenda item on the next agenda. Commissioner Souza noted that there is no agenda item for the 2011 report to the Council and the Mayor. 2 Chair Figaroa noted that at the last meeting the homework was for each individual commissioner to review the public's recommendation and develop their own list of priorities, and then the Commission would list the sites by region. Commissioner Childs recommended a total of 4 or 5 sites for the entire island rather than 4 or 5 per region. He felt that there should be 5 recommendations at the most. Commissioner Kinnaman stated that her recollection from the last meeting was that the Commission would pick 4 out of the 6 previously listed sites. Commissioner Souza noted that there are two more meetings in December. She questioned if there is a timeline for when the report would be done. Chair Figaroa stated that they could plan to have the report done by January. Commissioner Childs stated the Commission has not decided on a definite timeline. Discussion with the County Attorney pertaining to the legal issues involved with recommending acquisition of real property to the County Council as part of the annual report. 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 Tessie Kinnaman and seconded by Linda Dela Cruz to defer this agenda item. All were in favor by unanimous roll call vote — motion passed. 3 Review and discussion on draft dossiers for Council's consideration on recommended sites for acquisition. Access to Kukui`ula Bay through the former Hoban property (previously listed as Former Hoban Property) Ms. Sadora noted that the agenda for this meeting is the same as the last meeting because they needed to be posted back to back. She noted that Deputy County Attorney Jung discussed this item at the last meeting. Commissioner Lydgate asked for a briefing on the access. Chair Figaroa stated that during the development of Kukui'ula, there were funds allocated for the improvements that the Commission could have used to acquire the access through the former Hoban property. He stated that due to political concerns and the lapse of time the opportunity was lost and the funds were given to the Parks & Recreation Department. He stated that the funds might now be used to develop the Po'ipu Beach Park instead of acquiring the access. Commissioner Childs stated that $400,000 was set aside for the purchase of the easement or to improve Po'ipu Beach Park. Ms. Sadora stated that the fund was used to expand the parking area for Boyden's pond and part of the fund was also used for the environmental assessment that needed to be done. She noted that the balance of the fund was approximately $238,000. She noted that the condition stated that the Commission had to work with the Koloa Community Association to determine where the money would be used. She stated that they agreed on that easement, however, it needed to be used within a certain period of time. Now that the time has elapsed, communication is ongoing between the attorney and the Department of Parks & Recreation. She stated that they may need to consider using the Open Space fund rather than the allocation of money. Commissioner Kinnaman stated that the access has been a Commission recommendation since the Commission first started. Ms. Sadora stated that based on the Commission's recommendation, there were Departments within the County that were looking at what it would cost to acquire the easement and the information was produced to the Council, but since there was no activity within the time frame, the Parks & Recreation Department now has control of the funds. Commissioner Kinnaman questioned if it can be resurrected from the Council. Ms. Sadora stated that the work was last done in 2007 and it would need to be redone. She stated that Deputy County Attorney Jung should probably provide any further input. 4 Commissioner Souza questioned if Commission action was taken on the dossier. Ms. Sadora stated that Deputy County Attorney Jung was going to have further discussions with Parks & Recreation. She noted that the current wording of the dossier is requesting that the funds be used from the Kukui`ula Ordinance. Commissioner Lydgate questioned if the issue would be funding. Chair Figaroa stated that the issue is implementation. He stated that the Commission makes recommendations and then the implementation sometimes does not happen. Commissioner Lydgate stated that it needs to be time bound. Ms. Sadora stated that because the funding was available, but there was an unwilling land owner, the process needed to wait for approval to make it happen. She stated that there were obstacles that made the process difficult. Commissioner Souza stated that although the Commission's role is to consult the public in a public input process and develop and annual list of recommendations to the County Council and the Mayor on the use of the Open Space fund, they felt frustration because there has only been one project that has been acquired. She noted that in looking at how the Hodge property was acquired with the Land Trust as the champion and how they put the package together, the Commission consulted the attorney in how they can use that model to get other projects implemented. She stated that the Commission was told that the Planning Department could perhaps develop a document outlining what the direction could be on a particular project. She stated that they decided to submit a dossier to the County Council to get this project moving and up until the last meeting, it was questionable whether or not the monies were still available from Kukui`ula. Commissioner Childs stated that Deputy County Attorney Jung is talking with the Parks & Recreation Department to determine if we can still use the Kukui`ula funds and that there was another project that the fund might be used for. He stated that when Deputy County Attorney Jung returns they can determine if he has made any progress. Chair Figaroa stated that the Commission can still advocate for it. Commissioner Childs stated that the money was defaulted to the Department of Parks & Recreation. Commissioner Souza noted that the Commission did not default. She stated that there were others in the decision making roles that didn't see the urgency that the Commission did and it didn't happen much to the Commission's frustration. She stated that it points to how the Commission didn't have a direction on how to proceed. 5 Chair Figaroa stated that the Commission did its job and the community supported the recommendation, but there was no political will at that moment in time and there were other agendas. Commissioner Souza stated that the question is whether or not the monies from that action are available or not, and how the Commission feels about the access. She stated that they could still recommend that the dossier go forward using the Open Space fund or any other fund that might be available. Commissioner Childs stated that if Parks & Recreation agrees, then the money can be used that was allocated, or the Commission could double down using the Open Space fund. Commissioner Souza stated that there has always been a reason why something didn't happen. She stated that the Commission has been hearing at almost every meeting why it hasn't happened. She stated that the question is whether the Commission wants to take it to the next level and submit the dossier and word the source of the funds in a way that there is flexibility. She stated that it is unknown whether or not the Deputy County Attorney will have an answer at the next meeting. Commissioner Childs stated that the Commission should proceed with the dossier. He stated that if Deputy County Attorney Jung determines that they can use the monies, then it will be easier to request that Council move forward. He stated that if the Commission still wants to recommend it on the annual list, then they can double down with the Open Space funds or the monies from Kukui`ula. Chair Figaroa agreed that even if Parks & Recreation says no to using the monies, there are other ways to acquire the access. Commissioner Souza stated that the Commission advises the Council and the Mayor on the use of the Open Space fund. She stated that it would have been nice to use the Kukui`ula fund first, but they are uncertain if it is still available. She stated that by using the dossier, the Commission would be pushing for implementation. Commissioner Childs stated that since the review and discussion of the dossier has been on the agenda for so long, he suggested making a motion to forward the dossier to the Council. He stated that he did not feel the dossier needed to be contingent on what the Deputy County Attorney reports. Commissioner Kinnaman stated that some of the content should be re-worded. MOTION: It was moved by Nathaniel Childs and seconded by Tessie Kinnaman to present the dossier for the listed former Hoban property after the wording is corrected to the County Council. All were in favor by unanimous roll call vote — motion passed. 6 Commissioner Souza stated that the purpose was still good but the opportunity section should be clearer. The Commission agreed to the following wording for the opportunities section: "There is an opportunity to acquire a pedestrian shoreline access over an existing County owned drainage easement on the former Hoban property. Resources are available utilizing the Public Access, Open Space, & Natural Resources Preservation fund. In addition, there is a balance of $238,800 remaining in a park dedication fund associated with the Kukui`ula subdivision approval as established by Ordinance PM-2004-370 (attached). While the deadline for application of this fund for the acquisition of the former Hoban property has lapsed (to no fault of the Commission) there may still be the opportunity to use this source." Regarding the background section, Commissioner Lydgate stated that the Commission should to convey the urgency. Commissioner Childs stated that the redundancy of being on the report for the past five years should be emphasized. Chair Figaroa stated that the implementation should be stressed. The Commission agreed to the following wording for the background section: "This access to Kukui`ula Bay on KauaTs south shore has been our recommendation since 2005 and has been listed on the Commission's annual report through 2010." The Commission agreed that the second paragraph in the background section was still good. The Commission agreed to delete the last sentence in the third paragraph of the background section. The Commission agreed to amend the "update & recommendation" header to "recommendation" and to delete the second bullet under that section. The Commission agreed to the following wording for the recommendation section: "Purchase the pedestrian easement from Lawa`i Beach Road to shoreline along southwest property line." The Commission agreed to delete the "scope and work to move forward" section. 7 Update on proposed amendments to Ordinance 812. Ms. Sadora stated that the amendments were received from the Administration on November 4 and was forwarded to the Council on November 9. Chair Figaroa stated that he would like to review what was sent to Council. Commissioner Souza stated that it would be good for the Commission to testify. Ms. Sadora stated that she and Deputy County Attorney Jung would also be present at the committee meeting should the Council have any questions. Commissioner Souza requested clarification if more than two Commissioners could attend. Commissioner Childs stated that he felt Commissioner Souza and the Chair should attend the meeting. Ms. Sadora stated that if more than two Commissioners are allowed to attend she will notify the Commission. She stated that staff has not yet been contacted, so they don't know the exact date. Update and discussion of the 2011 public input process pursuant to Ordinance No. 812 for developing an annual list of priority projects to be reported (2011 Report) to the Kaua'i County Council and the Mayor. Commissioner Childs stated that the Commission was going to discuss and have input on how to come up with the recommendations for this year. Chair Figaroa stated that at the previous meeting, the Commissioners agreed to review the recommended sites from the public input process, list the priorities they felt were the community's priorities, and develop a list of four for discussion. Commissioner Kinnaman questioned if they would be starting with the six sites from the public input. Chair Figaroa stated that it would be personal choices. Commissioner Childs stated that it would be personal choices laced with logic and common sense based on sites with the most public support or potential first versus something like Kipu Falls. He stated that the homework was to come up with four or one that would be the best recommendation. 8 Commissioner Lydgate stated that they each represent a certain area. He stated that Coco Palms in an obvious one, but one that would not happen immediately. He questioned if that could be recommended. Commissioner Childs stated that it could be, but they should use common sense or knowledge based on community support. He stated that they want something that would actually go through as much as possible. He added that Coco Palms was recently bought in the last year and would most likely be renovated to its original glory. Chair Figaroa stated that they should consider what they individually feel would be best for the community from now to 10 or 20 years from now. He stated that he liked that the Piwai property was proposed for a possible multi purpose use rather than just a motor bike trail. Commissioner Souza questioned if the Commission has made a decision on how many recommendations to forward to the Council. Chair Figaroa stated that based on the public input process each Commissioner would come up with the top four or five that they feel would be the best for the community based on the input process and their own personal feelings. Then, at the December 8 meeting, they would present their recommendations and make a general list of all the sites, discuss each site, and vote on what should be the top four to present to the Council. Commissioner Souza questioned why the Commission decided on four. Chair Figaroa stated that they decided that if the Council is given a smaller list it might be easier to focus. Commissioner Souza stated that she thought the Commission wanted to focus the public input on the recommendations that they submitted last year. She expressed concern that it would be four instead of six from last year. She questioned if the task groups for the different sites reported on the comments. She stated that she didn't want to get into the specifics while still in the process period. Chair Figaroa stated that at the last meeting, because Commissioner Souza was not present, they decided to defer the agenda item so she could discuss her process. He stated that she and Commissioner Dela Cruz could provide their specific comments at the December 8 meeting. Review and discussion on the Rules of Practice and Procedure of the County of Kaua'i, Public Access, Open Space & Natural Resources Preservation Fund Commission and policy on communications. Chair Figaroa questioned what this agenda item specifically pertained to. 9 Commissioner Kinnaman stated that they deferred this agenda item at the last meeting until Commissioner Souza was present. Commissioner Souza stated that the rules that the Commission operates under were developed within the first year of the Commission. She stated that some of the things that they would like to see probably aren't allowed, so she stated that the Commission should look at the rules to bring them more up to date. Staff distributed copies of the rules of other boards and commissions, as previously requested by the Commission, to use as an example. Chair Figaroa stated that the Commissioners should take them home and review them for discussion at the next meeting. Commissioner Childs questioned which areas they should focus on. Commissioner Souza stated that she was interested in communication among commissioners. She questioned the process on transmitting information that may be provided to them by the community to other commissioners. She stated that she wanted to be sure that whatever was stated in the rules is something that they all agree to now. Commissioner Childs stated that he felt that Deputy County Attorney Jung should be present when the Commission has the discussion. Chair Figaroa stated that he would continue this item on the next agenda. MOTION: It was moved by Nathaniel Childs and seconded by Tessie Kinnaman to defer this agenda item to the December 8 meeting. All were in favor by unanimous roll call vote — motion passed. Update and discussion on the status of public accesses. Commissioner Childs stated that Deputy County Attorney Jung discussed this agenda item at the last meeting. He did not think there was any further discussion, but noted that this agenda was posted prior to the last meeting. Staff noted that Deputy County Attorney Jung requested that the Commission defer this item if they had further questions. MOTION: It was moved by Linda Dela Cruz and seconded by Nathaniel Childs to defer this agenda item. All were in favor by unanimous roll call vote — motion passed. 10 NEW BUSINESS Report from the attendees of the Hawai'i Congress of Planning Officials (HCPO) 2011 annual conference in September. Chair Figaroa stated that this item had been discussed at the last meeting and can be removed from the next agenda. Update from the investigative committee regarding the nomination and selection process for the Commission-appointed, at-large member of the Public Access, Open Space, and Natural Resources Preservation Fund Commission. Chair Figaroa stated that the process is continuing and he will communicate with Commissioners Ventura and Kinnaman. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Figaroa stated that the next meeting will be on December 8. He stated that unfinished business C, E, F, G and I be continued on the next agenda. Commissioner Souza requested that the 2011 report be an agenda item. Chair Figaroa suggested rewording unfinished business F to "Discussion on the 2011 public input process and 2011 report to the County Council and the Mayor." Commissioner Kinnaman requested that an update on the dossier to County Council on Kukui`ula Bay access. ADJOURNMENT MOTION: It was moved by Nathaniel Childs and seconded by Linda Dela Cruz to adjourn the meeting. All were in favor by unanimous roll call vote — motion passed. The meeting adjourned at 3:30 p.m. Respectfully submitted by: y Duke Nakamatsu, Support Clerk 11