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HomeMy WebLinkAbout2011-12-19 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 December 19, 2011, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Maurice Nakahara, Vice Chairperson, Nathaniel Childs, Linda Dela Cruz, Tessie Kinnaman, Jean Souza, and Johanna Ventura.+ The following Commissioners were absent: Joseph Figaroa, Chairperson, John Lydgate, and (1) vacancy. The following staff members were present: Nani Sadora, and Duke Nakamatsu. CALL TO ORDER Vice Chair Nakahara called the meeting to order at 1:10 p.m. APPROVAL OF AGENDA MOTION: It was moved by Johanna Ventura and seconded by Tessie Kinnaman to approve the agenda. All were in favor by unanimous voice vote — motion passed. Vice Chair Nakahara read a statement by Chair Figaroa requesting a motion to defer all other agenda items for the purpose of accomplishing the final selection of sites to be recommended to the Council by the end of the meeting along with a discussion on what language should be adopted or edited for the annual report. Commissioner Ventura suggested moving through the agenda items since the agenda has been posted, and then they could make a motion to defer each item. Commissioner Souza suggested that if anything affects the agenda in the future, the Commission should be notified before they take action to approve the agenda. I Commissioner Ventura stated that the intent behind the Chair's suggestion is still accomplishable, but there may also be items that can be dealt with quickly. Commissioner Kinnaman suggested accepting the Chair's request under receipt of items for the record. Commissioner Ventura stated that she believed that the receipt of items for the record is intended for members of the public directing communications to the Commission. Commissioner Kinnaman felt that anything that the Commission receives, either verbal or written, should be received for the record. Ms. Sadora stated that Deputy County Attorney Jung suggested the standing agenda item for anything being submitted from the public. She stated that Chair Figaroa's statement was more of a thought process, but she did not see any harm in receiving it for the record and asking the Deputy County Attorney for clarification for future items. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 11/10/11 and 11/17/11, Regular meeting minutes of 11/10/11 —Approved. MOTION: It was moved by Tessie Kinnaman and seconded by Linda Dela Cruz to approve the 11/10/11 meeting minutes. All were in favor by unanimous roll call vote - motion passed Regular meeting minutes of 11/17/11 —Approved. MOTION: It was moved by Tessie Kinnaman and seconded by Nathaniel Childs to approve the 11/17/11 meeting minutes. All were in favor by unanimous roll call vote — motion passed. ANNOUNCEMENTS There were no announcements from staff. Commissioner Kinnaman disclosed that beginning January 1, 2012 she will be on the Board for Kaneiolouma. 2 RECEIPT OF ITEMS FOR THE RECORD Staff noted that there were no items from the public. Commissioner Kinnaman requested that Chair Figaroa's communication be accepted into the record. Vice Chair Nakahara stated that aside from the request to defer all other agenda items, Chair Figaroa's suggestions for acquisition are Kauapea Beach access, access to Kukui`ula Bay through the former Hoban property, and Salt Pond Beach Park expansion. Commissioner Souza requested that staff verify with Deputy County Attorney Jung on whether or not the Commission needs to accept all items into the record or only those submitted by the public. Ms. Sadora stated that she will check with Deputy County Attorney Jung and report back at the next meeting. Commissioner Ventura stated that her understanding was that it wasn't necessary for all items to be received into the record, but she did not see the harm accepting the communication. MOTION: It was moved by Tessie Kinnaman and seconded by Linda Dela Cruz to receive Chair Figaroa's communication for the record. All were in favor by unanimous roll call vote — motion passed. UNFINISHED BUSINESS 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 Jean Souza and seconded by Johanna Ventura to defer this agenda item. All were in favor by unanimous roll call vote — motion passed. 3 Update on proposed amendments to Ordinance 812. Ms. Sadora stated that the proposed amendments were received as communication by the Council two meetings ago and has been referred to the Planning Committee to review and report back. She stated that Deputy County Attorney Jung suggested that two Commissioners attend the committee meeting. She stated that she will verify if more than two Commissioners can attend. Commissioner Ventura questioned if Councilwoman Nakamura was still the Chair of the Planning Committee. Ms. Sadora stated that Councilwoman Nakamura is the Chair but she was not aware if she would be recusing herself or if she would be managing it. Commissioner Ventura stated that if Councilwoman Nakamura finds it necessary to recuse herself it would be important for the Commission to be available to explain why they initiated the amendments. Ms. Sadora stated that she would ask Deputy County Attorney Jung to determine if she will be recusing herself in advance. She stated that they requested advanced notice before it goes to committee so they can try to arrange for the Commissioners to be present. Commissioner Souza questioned who is the Vice chair of the Planning Committee. Ms. Sadora stated that Councilwoman Yukimura is the Vice chair. 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. MOTION: It was moved by Jean Souza and seconded by Nathaniel Childs to defer this agenda item. All were in favor by unanimous roll call vote — motion passed. Update from the investigative committee regarding the nomination and selection process for Commission-appointed, at-large member of the Public Access, Open Space, and Natural Resources Preservation Fund Commission. Commissioner Ventura stated that the committee has not been able to meet so there was no update. 4 Commissioner Souza suggested that the committee could meet by phone. Commissioner Ventura stated that the goal is to have a full report by the January meeting. NEW BUSINESS Compilation and evaluation of the 2011 public input process pursuant to Ordinance No. 812 for developing an annual list of priority projects and 2011 Report to the Kaua'i County Council and the Mayor. Commissioner Childs stated that the Commissioners agreed to come up with their recommendations and vote on them. He stated that his 3 recommendations were Piwai, Salt Pond, and Kauapea. Vice Chair Nakahara stated that Chair Figaroa's recommendations were Kauapea, Kukui`ula Bay, and Salt Pond. Commissioner Kinnaman stated that her recommendations were Kukui`ula Bay and Salt Pond. Vice Chair Nakahara stated that his recommendations would be Kauapea which would not involve use of the fund and Piwai and Salt Pond expansion for those that require money. Commissioner Dela Cruz stated that her recommendations were Salt Pond and Kauapea. Commissioner Ventura questioned if there was a reason the Kaneiolouma opportunity wasn't recommended and whether she missed a discussion at the last meeting that was affecting that decision. The Commissioners indicated that there were no discussions regarding Kaneiolouma at the last meeting. Commissioner Ventura stated that her recommendations were for Piwai and the Kaneiolouma opportunity. She stated that she also supports the Kauapea opportunity, but her recollection was that the Commission was waiting to hear back from the County Attorney's office and that there was ongoing discussion with the property owners. She questioned if the Commission received an update regarding that opportunity. Vice Chair Nakahara stated that the Commission met in executive session. Commissioner Ventura questioned if they met in executive session on November 17. 5 Staff indicated that the executive session meeting was on November 10. Commissioner Ventura stated that she remembers the November 10 discussion. Commissioner Childs stated that a description can be included along with the recommendations. He stated that for Kauapea, they could note that there is ongoing discussion, it may not cost any money, and the Council could push it through if they want. Commissioner Souza stated that if it is a no-cost item, the Commission could address it and make a recommendation, but she thought the Commission was developing a list of priority acquisitions utilizing the fund. She stated that if Kauapea does not involve use of the fund, then she felt it should be a different discussion. Commissioner Ventura stated that there could potentially be costs involved that could be covered by the fund if it is put forth as a recommendation. She felt that she needed to have more information. Commissioner Souza stated that Kauapea has been mentioned in past years with about a dozen other sites in similar situations. She stated that the Commission and Council are still waiting for a report on those sites from the Planning Department. Commissioner Kinnaman noted that the Commission was supposed to prioritize from the list of six recommendations from last year's report. Vice Chair Nakahara recommended breaking down their priorities into ones for acquisition and ones that may not require use of the fund. Commissioner Souza suggested that the list needs to be clear. She stated that she thought they were going to still recommend the same six sites from last year's list. She agreed that they could include both, but she was not comfortable with both being on the same list. Vice Chair Nakahara recommended reprioritizing their priorities based only on acquisition, and then later they can discuss the other recommendations that do not necessarily involve use of the funds. Commissioner Childs noted that Kauapea would be the only recommendation not involving the use of the funds. Commissioner Kinnaman stated that in previous years there was a recommendation list and a secondary list. Commissioner Childs stated that the secondary list this year could include non- acquisition or low cost properties. He noted that Kauapea would take time and involve research. 6 Commissioner Souza stated that the Commission used to have a secondary list in past reports for big projects that the Commission was interested in but didn't have the funds to acquire such as Mahaulepu, and Coco Palms. She stated that they also used to prioritize the list, but decided to list all six without prioritizing last year. She noted that there is no set way of presenting. Commissioner Nakahara noted that it seemed that the Council Chair preferred a prioritized list. Commissioner Childs felt that the list should be narrowed down to no more than three top candidates and then prioritized. Commissioner Souza clarified that the Commission is not obligated to provide a secondary list. She stated that they are only obligated to come up with a priority acquisition list. Commissioner Childs felt that it never hurts to put something on the Council's radar regardless of the possibility. He stated that Kauapea might be on the secondary list and it may take time to research, but would not require use of the funds. Commissioner Kinnaman stated that it could be included in an appendix for other considerations. Commissioner Souza recommended Piwai, Salt Pond, and Lawa`i Kai to Port Allen. Commissioner Childs stated that in place of Kauapea his third recommendation would be Lawa`i Kai to Port Allen. Commissioners Ventura and Dela Cruz also agreed on Lawa`i Kai to Port Allen in place of Kauapea. Vice Chair Nakahara questioned if Commissioner Lydgate submitted his recommendations. Ms. Sadora reported that staff did not receive any recommendations from Commissioner Lydgate. Commissioner Ventura stated that she noticed that she was the only Commissioner who did not put forth Salt Pond as a recommendation. She stated that her observation has been that the success they have had in the past was the result of a community group taking the initiative to champion the opportunity, secure additional funds, and to lobby the policy makers. She stated that she chose Piwai and Kaneiolouma because she felt those opportunities have strong and committed community groups who are motivated to champion those opportunities to acquisition. She stated that it will involve a lot of work on their part. She questioned if the other Commissioners felt that there were similar 7 community groups that would be involved in the effort that it might take to expand Salt Pond using the Open Space fund. She stated that it sounded as if there were significant community concerns at the community meeting. She questioned if there was a sense of cohesiveness among the community of support for that opportunity. Commissioner Dela Cruz stated that there was misinformation at the Salt Pond meeting and it wasn't for the improvement for the area, but more regarding the leakage of the sewage and the management practices of the park. Commissioner Souza: (verbatim by request of Commissioner Ventura) You know, I think we heard a lot of different sentiments there, and I do know that some folks that had other values and other priorities felt intimidated to say anything. So, based on our relationship with folks there, we were able to find that out. But, I think for me, there's another take on it, and basically, I see my role as not looking at what are the needs immediately, but looking at what are the opportunities for the future. So, if we look at many of our open space and recreation areas and trails, it was through somebody's foresight generations ago, decades ago, that have lead to a lot of these things being established today or at least on a reserve list yet to be established. For this particular area, I believe that there is a short window of opportunity and an opportunity only available once in two generations to get that property for the future for expansion of the park and protection of the salt pans. I think that there is only a short time to act on it and because most of it is State land, there would just be a minimal amount of acquisition of private in-holdings and some costs involved with subdivisions of the properties. So, there's a potential to establish in this area of high need, with little cost, a pretty big area for the future. Now, we're not saying that next year it should be the priority development. What we're saying is looking what the needs are and what the future can be, this is the ideal time to pursue it. So, I think if we don't act on it then the lease will go into a long term arrangement with a private land owner and it will then be too expensive and we would have lost the opportunity. So that's where I'm coming from on that. Commissioner Ventura requested that it will be important to capture completely in the minutes what Commissioner Souza shared because there is an aspect of understanding captured by what was shared. Commissioner Souza stated that Commissioner Ventura is looking for a champion in the community, and the one site that was acquired using the fund had a champion in the form of the Land Trust, but the Commission has also been pursing for the County to be the champion for those sites that don't readily have an organization to be the champion. She stated that they have discussed at length, the former Hoban property and for the Planning Department to submit the dossier for consideration by the County Council on a procedure to acquire that property. Commissioner Ventura stated that her rationale for the other sites especially Piwai and Kaneiolouma was that there are community groups that have sufficient momentum to be the advocate and champion for those sites. She stated that she was not adverse to the 8 Commission attempting to be the voice, but her experience has been that the role of the Commission is so restricted that there has to be groups who have the ability to push it forward once the Commission does their part. Commissioner Kinnaman stated that she still pushing the former Hoban property. Commissioner Souza questioned if the dossier was submitted to the Council. Ms. Sadora stated that the dossier is in route to the Council, but she was not sure where it was in the processing. Commissioner Souza stated that she deliberately did not include this recommendation in her list of sites because she assumed that the dossier was sent to the Council. She stated that if it has not been sent to the Council then she may need to reprioritize. Ms. Sadora stated that it has been routed, but she did not know what kind of communication will result from it. Commissioner Ventura expressed concerns with including former Hoban property on the list. Her understanding was that the action required involved eminent domain and that kind of action needed to be initiated by the Council. She noted that the Council had sufficient opportunity in the past to take that action using the prior funds that were available, but she observed that the Council did not take that action. Commissioner Kinnaman stated that her opinion is that it is still a priority for the community. She noted that following the meeting with the Mayor there was a directive for the department head to follow up. She felt that the community has always wanted that access opened since the rock wall was erected. She stated that it is still her high priority to acquire the access. Commissioner Souza stated that in the minutes of the November 17 meeting, the Commission voted to submit the dossier to the Council. She stated that based on that action, she will not be recommending it on her list. She stated that she hopes the report will reflect the action taken by the Commission. Commissioner Childs stated that the Commission took action on the former Hoban property giving the Council a heads-up. He stated that he did not feel that it should be included on the list. He noted that eminent domain involves a huge process. Commissioner Souza noted that eminent domain could be involved with any of the recommendations, but it is not the Commission's responsibility. She stated that the Commission is making recommendations. Commissioner Childs stated that eminent domain wouldn't be considered an acquisition. 9 Commissioner Souza noted that she did not think Salt Pond would be too expensive. She stated that she did not think that access between Lawa`i Kai and Port Allen would be expensive and hopes that there could be negotiation for shoreline access in that area. She stated that Piwai could potentially be expensive, but the community is looking to seek supplemental funds. She stated that it would be up to the current Commission to consider how many sites they would like to recommend and whether they felt the list should be in priority order. Commissioner Ventura stated that last year the Commission emphasized that the deciding factor on moving on a recommendation was timing and alignment. She stated that she still agrees with the reasoning, but acknowledged that it seemed to be the feedback from the Council that they were looking for some sort of prioritization and it was her observation that even though they stated that the recommendations were not in order, the community was taking it as if it were a prioritized list. She stated that more than one community member made comments that implied that they understood the list was prioritized. She stated that it seems to be an expectation that the Commission should address. She felt that the Commission should decide on the number of recommendations that they want to put forth. Commissioner Childs stated that he felt the list should be prioritized. Commissioner Souza questioned if the preference to prioritize would be the same if it were 3 or 4 recommendations as opposed to 6 recommendations. Commissioner Childs felt that the list should be focused. He stated that it would be beneficial for the Council to see that the Commission has come to an agreement on the priority. Commissioner Ventura agreed that the need for clarity increases if more recommendations are put forth. She suggested coming to an agreement on the number of recommendations before taking up the question on prioritizing. Commissioner Souza stated that the Commission was also using the dossiers on sites that they felt needed to be brought to the attention of the Council. She was uncertain if there was a downside to prioritizing. She questioned what would happen if the Council did not agree with the Commission's choice. Commissioner Childs stated that the Commission is providing a list and stating the sites that are a priority to them. He stated that if he were a Councilmember he would want the list prioritized. Commissioner Souza stated that in the past, when the Commission prioritized the list, it was based on which proposal was more developed. She noted that she was not aware if there was a front runner for this year. She questioned if prioritizing would be a group discussion or individual on which factors could be considered in establishing ranking. 10 Commissioner Ventura suggested revisiting the ranking. She stated that if the Commission decides to put forth 3 recommendations, they might have a different opinion as to which should be number one. She stated that while she did not have a strong opinion on the benefit to the Commission on ranking, she heard clearly from the Council and some of the community members that there is an expectation that the list will be ranked. Chair Nakahara suggested revisiting the list of recommendations before prioritizing. Commissioner Souza questioned whether the Commission would like to suggest the 5 sites that were recommended or the top 3. Commissioners Ventura, Childs, and Dela Cruz agreed on the recommending the top 3. Chair Nakahara stated that he would be fine with recommending the top 3 sites as long as there is a secondary list. He stated that the secondary list would not be the top recommendations, but recognition that suggestions were not deleted, but there were insufficient funds. Commissioner Kinnaman stated that she would support recommending the top 3, but not the top 3 on the current list. She stated that her top 3 would be Kukui`ula, Salt Pond, and Piwai. Commissioner Ventura noted that Kukui`ula would not be on the top 3 of the current list. Commissioner Souza clarified that the top 3 recommendations are Piwai, Salt Pond, and Lawa`i Kai to Port Allen. Commissioner Ventura stated that she supports the Lawa`i Kai to Port Allen recommendation, but as it stands, there is not a specific site associated with it. She stated that everything else on the list has a tax map key number attached with the opportunities. Commissioner Childs agreed that Lawa`i Kai to Port Allen has no boundary markers, and nothing has been recorded as to the length or costs. He stated that the former Hoban property would be eminent domain which would also be another process. Commissioner Ventura stated that if the Commission is going to have a secondary list, she would envision some sort of feasibility study. She stated that for Lawa`i Kai to Port Allen it would be good to identify low hanging fruit and where the beach access is needed. She stated that she was not clear on what the County Attorney's input would be on the use of the fund to do assessment studies. She stated that the Commission could recommend that the Council approve a portion of the fund for that process. Commissioner Childs stated that the recommendation list should be for sites that are feasibly acquirable using the fund and the secondary list would be Kauapea, Kukui`ula 11 and the Lawa`i Kai to Port Allen access. He stated that they don't know the boundaries of the Lawa`i Kai to Port Allen area, Kukui`ula would involve eminent domain, and Kauapea is still in the works. He stated that they could make recommendations to move forward on those, but it wouldn't involve use of the fund. Commissioner Souza stated that she would support a secondary list if the rationale includes sites that need further refinement or discussion among the parties needed to have an agreement of where the priority acquisition could be. She stated that she's not convinced that it would be a feasibility study which would involve money, but a desirability study to discuss the issues, opportunities, and what can be done with and without acquisition. She stated that some members of the public questioned whether there might be an opportunity to have a conversation with the land owner. She stated that she thought the County Attorney was going to check on that. She stated that the proposal could be refined specifically with regard to the Lawa`i Kai to Port Allen idea. Commissioner Childs stated that a description can be attached to each of the recommendations indicating why they are not on the priority acquisition list this year, but they are still interested. Commissioner Kinnaman stated that she felt every opportunity on the list is subject to eminent domain with the exception of Salt Pond which would involve negotiations with the State. She stated that she was not in agreement with the access to Kukui`ula through the former Hoban property being taken off the priority list because of eminent domain. She stated that the prior Finance Director put forth an estimate of the property so they had a figure, even if it involved eminent domain. She noted that the County already owns the drainage easement. Commissioner Souza stated that if she were a Council member and she saw the dossier for the former Hoban property and then it was not the priority list, it would be conflicting. She stated that since the dossier was sent, she felt that it should be on the priority list and not on a secondary list. Commissioner Childs stated that it wouldn't be acquired with the funds. He stated that the reason the Commission sent the dossier was because the money that was set aside for the access is now in Parks & Recreation. He stated that they are still looking into getting that money back, but it's also a property that may be on hold or maybe they could buy. Commissioner Souza stated that she thought taking action on the motion to send the dossier to the Council was that the Commission felt it was a priority and needed to be done, not only because there was the other source of money. Commissioner Childs stated that it has already been brought to the Council's attention and felt that having it on the secondary list still shows that the Commission is interested in it. He stated that the first list is for priority acquisitions, and that secondary list is for 12 sites with ongoing issues or require eminent domain. He stated that for the Kukui`ula access recommendation, they are still waiting for action. Commissioner Ventura stated that to her, the first list is property acquisitions and the second list is easement acquisitions or needing clarification in the case of Kauapea. She stated that the reason she supported the idea of the dossier was because that easement action involves significant legal action and a reportedly unwilling owner, so she felt that providing more in-depth information would be helpful to the Council. She stated that the justification in putting forth 3 priority recommendations for acquisition and a secondary list is that the secondary list involves more complicated opportunities, such as Lawa`i Kai where there is no path identified and would involve identifying multiple paths. Vice Chair Nakahara suggested not naming the other list "secondary" because it's more of a priority easement acquisition list. Commissioner Ventura stated that the Commission should be clear in the strategy because they have used other strategies in the past that have had uncertain impacts. Commissioner Childs agreed that they should be clear. He noted that the other list would be for sites that require more information or direct action by the Council other than monetary funds to acquire. Commissioner Souza suggested defining the terms. Vice Chair Nakahara stated that the first list involves use of the funds, whereas the other sites may or may not involve the funds but are more access easements. He stated that the Kukui`ula access requires use of the funds, but also involves legal issues and homeowner issues. Commissioner Souza stated that she sees some limitations in what she has heard. She noted that Piwai wouldn't necessarily be a friendly acquisition, so there is inconsistency in the rationale. Commissioner Ventura stated that Lawa`i Kai to Port Allen is an opportunity for access in a zone. Commissioner Souza stated that they support the concept, but there needs to be further discussion on the alignment. Commissioner Ventura suggested that instead of trying to find 2 classifications that fit all of the opportunities, it might be easier to determine the criteria for the priority recommendations, then each of the other opportunities separately. She didn't feel that it was important for the additional recommendations to match as much as the Commission supports and understands the justification for putting them forth as additional recommendations. 13 Commissioner Souza stated that although Kauapea is not on the list, people are still talking about it as if it were on the list. She stated that there are over a dozen other sites that are questionable. She stated that the reason why Kauapea would be put forth before the others would involve another series of meetings. Commissioner Ventura noted that Kauapea was put forth by Commissioners. Commissioner Souza stated that she did not know that was an option otherwise she might have recommended all 12 for discussion. Commissioner Childs stated that the Commission needs to complete the list in a short amount of time. He stated that nitpicking certain sites that might get one vote or including a list to see how many people vote on them would take a lot of time. He stated that the current Commission came up with these recommendations and they should use this list as the foundation for what they are proposing. He stated that he did not want to discuss the list for another 5 or 6 meetings. He suggested taking action and moving forward rather than seeing the same agenda items without new business or without anything getting to the Council. Vice Chair Nakahara agreed with Commissioner Childs and stated that he is ready to move on. He stated that because of the time element, if they spend meetings discussing, they are not going to get anything done. He stated that they need to come up with recommendations, and although these are not the only recommendations, they should come up with some sort of consensus on prioritizing the list. He stated that perhaps the access through the former Hoban property would require money, but it falls into a separate area that can be explained with the Commission's criteria if questioned by the Council. Commissioner Kinnaman noted that she needs to leave at 3:30 p.m. She stated that she still felt that access through the former Hoban property should be at the top of the priority list. Commissioner Childs questioned if the dossier was not sufficient. Commissioner Kinnaman stated that the dossier was to notify the Council that the Commission is pushing for implementation. She stated that the Council controls the money regardless of whether it is from the Ordinance or not. Commissioner Childs stated he felt that the access through the former Hoban property belongs on the second list because the Commission has made it clear that they want the Council to pay attention to it. Commissioner Kinnaman stated that she disagreed. She felt that because they sent the dossier, it should be on the priority list. 14 Commissioner Souza noted that the Hodge opportunity was number one for a couple of years because there were ongoing discussions. She stated that it wasn't finalized so the Commission decided to keep it the number one priority until the acquisition went through. She stated that because the Commission submitted the dossier for access through the former Hoban property, she felt that it would be clear and consistent if the Commission included it as a priority until action is taken. She stated that another option would be to mention it separately and that the Commission will assume that it will go through the process, so they are focusing on the remaining sites that are important to them. Commissioner Childs stated that was his thought process, but he understood where the Commission was coming from by continuing to include it. Commissioner Souza questioned if Commissioner Kinnaman would object to mentioning it in a separate paragraph as opposed to being on the list. Commissioner Kinnaman stated that she would prefer to see it on the list as number one. Commissioner Dela Cruz stated that Hoban has been ongoing and the Commission hasn't had an answer. She stated that the Deputy County Attorney was going to check on the status and they still have not heard back. She stated that she would like to see it happen and she felt that the Commission should try to stay on it. Commissioner Souza stated that she would like to see it on the list because every year in the appendix there is a running list of the sites. She stated that if it is mentioned somewhere else it would no longer be on the running list. She stated that she would be willing to take Lawa`i Kai to Port Allen off of the priority list and mention it on a separate list just to show that the Commission is in support of the concept of re-establishing shoreline access for fisherman, but more discussion needs to happen and more information needs to be obtained to develop a proposal. Vice Chair Nakahara suggested listing which sites should be on the priority list. He questioned if staff felt that the Council would prefer a prioritized list. Ms. Sadora stated that it has been prioritized in years past. She stated that last year was the first year that it wasn't prioritized and the Council Chair expressed that he would prefer to see it prioritized, but she noted that Commission can decide how they want to present the report as long as they are clear why they presented it that way. She felt there was justification either way. Commissioner Souza stated that she was not at the meeting when the Commission decided to include Kauapea on the list. She stated that there are other sites that have been discussed over the years, but perhaps stating that the Commission is interested in this access and other accesses would raise awareness. 15 Commissioner Childs clarified that it was their understanding that it was an easement that belonged to the public and was lost through time. He stated that the Commission supported it because it would be easy to acquire if they can locate the documents. Commissioner Souza stated that the Commission had addressed the idea of unresolved accesses in past reports. She stated that an option would be to bring up Kauapea in the context of unresolved issues and how this particular access has become more prominent because of some of the things happening in the community. She stated that the Commission could move it from the priority acquisition list to the other list. Commissioner Childs agreed that it belongs on the other list. Commissioner Souza stated that it could be included on the other list or in another discussion on the unresolved issues. Vice Chair Nakahara questioned if the Commission agreed to remove Kauapea from the priority list and include it in another category. The Commission agreed. Commissioner Kinnaman stated that her priority order would be the former Hoban property, Kaneiolouma, and Salt Pond. Commissioner Souza clarified that Commissioner Kinnaman is not currently on the board for Kaneiolouma. Commissioner Kinnaman stated that she would not be able to vote on it next month. Commissioner Kinnaman left the meeting at 3:30 p.m. Commissioner Ventura suggested that they score the Commissioners' individual rankings by attributing 3 tallies to the first choices, 2 tallies to the second choices, and 1 tally to the third choices. Commissioner Souza stated that the sites for priority consideration are Piwai, Salt Pond, access to Kukui`ula Bay through the former Hoban property, and Kaneiolouma. Commissioner Dela Cruz stated that she has been on the Commission for 2 '/2 years and the former Hoban property has been a big issue since before her term. She stated that they have not had any updates on what's happening. She felt that if they are not going to do anything about it, it should not be included on the list. Commissioner Ventura stated that she agreed with Commission Dela Cruz. She stated that it is not that she does not support the acquisition of the easement, but she did not feel that there is political will to initiate it. She stated that she was not interested in 16 making it number one. She stated that she is willing to go along with the will of the Commission but she has misgivings about even including it on the list. Commissioner Childs agreed and stated that he thinks the easement to Kukui`ula Bay should be on another list with a caveat. Vice Chair Nakahara stated that his priorities were Piwai, Salt Pond, and Kaneiolouma. Commissioner Childs stated that his priorities were Salt Pond, Piwai and Kaneiolouma. Commissioner Ventura stated that her number one priority is Piwai and she was still deciding on the other two. Commissioner Souza stated that her number one would be Salt Pond. Commissioner Ventura stated that there was a community process undertaken several years ago and the Koloa Community Association strongly endorsed the use of the Kukui`ula funds for the acquisition of the easement through the former Hoban property. She stated that there is a sense of loss on the part of the community attached to the loss of the use of that easement. Commissioner Childs stated that another reason it should be on the other list is because it is complicated. Commissioner Dela Cruz agreed that it is very complicated. Commissioner Souza pointed out that some other properties would also require funding from other sources. Commissioner Childs stated that they are not as complicated as the Hoban property. Vice Chair Nakahara stated that he did not think any acquisition would be easy. Commissioner Ventura noted that the other recommendations don't have the history attached to them like the former Hoban property. Commissioner Childs stated that he definitely felt it should be mentioned with the strong recommendation for action, but he noted that it would also involve the Department of Parks & Recreation. Commissioner Dela Cruz stated that her priorities were Salt Pond, Piwai, and Kaneiolouma. Commissioner Ventura stated that her second and third recommendations would be Kaneiolouma and Salt Pond. 17 Vice Chair Nakahara stated that according to the tallies, Salt Pond is first, Piwai is second, and Kaneiolouma third. He noted that Chair Figaroa listed his recommendations as Kauapea, then Hoban and Salt Pond. MOTION: It was moved by Johanna Ventura and seconded by Nathaniel Childs that the 2011 prioritized recommendations are in order 1) Salt Pond, 2) Piwai, and 3) Kaneiolouma. All were in favor by unanimous roll call vote — motion passed. Commissioner Souza questioned if the former Hoban property should be listed in a section in the report or included in a separate list. Vice Chair Nakahara stated that based on what Commissioners Dela Cruz and Ventura mentioned, they should make sure that it is in the report, but he was not sure how it should be included. Commissioner Souza stated that she can take the first stab at writing the 2011 annual report and the Commission can decide where it is best to include it. She stated that they will mention it somehow, but not on the priority list. Commissioner Childs stated that he would also like to convey interest in Kauapea and the Lawa`i Kai to Port Allen and that the community and Commission are very interested in them, but they require movement on the Council's part. Ms. Sadora stated that she will send the electronic document to Commissioner Souza. Commissioner Souza stated that the draft will be short and she will try to have it by the next meeting. Commissioner Childs agreed that short and to the point is always good. Commissioner Dela Cruz noted that the next meeting will be on January 12, 2012. Update on dossier for Council's consideration on recommended sites for acquisition. Vice Chair Nakahara stated that Ms. Sadora already provided an update on the status of the dossier under the previous agenda item. Update and discussion of the Commission's work plan/timeline of events and activities through 2012, to include future Commission education topics. Commissioner Souza stated that they need to get the report out and the 9t" Commissioner appointed. She suggested holding off on this agenda item until later. 18 MOTION: It was moved by Nathaniel Childs and seconded by Linda Dela Cruz to defer this agenda item. All were in favor by unanimous roll call vote — motion passed. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Vice Chair Nakahara stated that the next meeting will be on January 12, 2012. He stated that unfinished business items VI A and VI C were deferred and there was no update on VI D, but Commissioner Ventura was going to establish a timeline with the other commissioners. Commissioner Souza stated that item VII A should be re-worded. Commissioner Ventura suggested "Review and Approval of the 2011 Report". ADJOURNMENT MOTION: It was moved by Nathaniel Childs and seconded by Linda Dela Cruz to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. The meeting adjourned at 3:55 p.m. Respectfully submitted by: ter_ Duke Nakamatsu, Support Clerk 19