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HomeMy WebLinkAbout2011-2-10 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 February 10, 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, Linda Dela Cruz, and Jean Souza. The following Commissioners were absent: Eugene Punzal, and three (3) vacancies. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Ian Jung. 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 1:17 p.m. APPROVAL OF AGENDA MOTION: It was moved by Jean Souza 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 1/27/11. Regular meeting minutes of 1/27/11 —Approved Commissioner Ventura requested changing "bimonthly" in the first paragraph on page 3 to "biweekly". I Commissioner Ventura requested changing "themselves" in the last sentence of the second paragraph to "the question". MOTION: It was moved by Jean Souza and seconded by Linda Dela Cruz to approve the minutes of the 1/27/11 meeting as amended. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS Ms. Sadora announced that there will be a workshop hosted by the Oahu Resource Conservation and Development Council on February 17 from 8:30 a.m. to noon at the Kaua'i Humane Society. She stated that RSVP would need to be received by the 14tH She stated that they requested that the Planning Department or the Open Space Commission give a presentation about the program. She stated that she was preparing an overview and would RSVP for any commissioners who were interested in attending. Ms. Sadora also announced that the Boards & Commissions office is hosting a workshop on effective meeting management for chairs and vice chairs at Kaua'i Community College on February 23. She stated that depending on the numbers, they may be able to extend the workshop to others who might be interested. Commissioner Ventura stated that she would not be able to attend. Chair Kinnaman stated that she will be able to attend. UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora stated that there was no change to the status since the last meeting. 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. Ms. Sadora stated that the dossiers were a part of the commission's work plan, but because it will be a work product that the commission will be receiving, it would need to be identified on a future agenda for the commission to discuss. Commissioner Ventura questioned if items can be received prior to the next meeting. 2 Deputy County Attorney Jung stated that if items are ready they could be received but not discussed. Commissioner Ventura stated that she will be forwarding a running list of commission education items to staff. She stated that she had a list that she inherited in 2008. NEW BUSINESS Review and discussion on the commission's presentation of the County of Kaua'i Public Access, Open Space, & Natural Resources Preservation Fund Commission 2010 report to the Kaua'i County Council and the Mayor. Ms. Sadora stated that she was hopeful that the Planning Department would be done with their review of the report by the end of next week. She estimated that printing would probably take about 6 days, so she stated that the commission may want to target the end of the month for their presentation to Council. She stated that the next Council meeting would be in March 9t", but noted that they would be in budget review. She stated that she would communicate the commission's timeline to the county clerk. Commissioner Ventura stated that it seems as though the commission should target the March 23rd council meeting so the commission would have 2 meetings to discuss their presentation. She noted that she will be off island form March 17 to March 30. She stated that it shouldn't present a problem for the presentation to Council, but it might present a quorum issue for the commission's meeting on March 24. She questioned when the council meetings are aired on Hoike. Deputy County Attorney Jung stated that the meetings are usually aired two days following the meeting. Commissioner Ventura suggested following up with Hoike with additional public outreach information to segue into the 2011 process. Chair Kinnaman stated that the request may have to come from the administration. Commissioner Ventura suggested airing the PowerPoint presentation with extra slides at the end. She stated that those who follow the Council meetings may want to get involved and submit testimony. Ms. Sadora stated that she would check into the process. Commissioner Souza suggested that it be worked into talking points of the presentation. She suggested that the entire presentation be scripted. 3 Commissioner Ventura felt the commission should prepare a PowerPoint presentation and suggested determining whether Hoike could display the presentation directly from the PowerPoint devise rather than filming the screen. She questioned whether the unresolved issues report will be submitted simultaneously with the annual report. Ms. Sadora stated that she will discuss it with the department when they review the annual report. Commissioner Ventura suggested uploading the PowerPoint presentation to the website. Commissioner Souza suggested that any notes accompanying the presentation slides should be also included on the website. Commissioner Ventura questioned the proposed amendments to Ordinance 812. She stated that in the past the commission agreed to keep the proposed amendments separate from the annual report because they wanted to focus the attention on the availability of the funds. She stated that since the acquisition of Black Pot, she felt it was worth having a conversation alluding to the amendments in the presentation. Ms. Sadora stated that the amendments are going through final review at the County Attorneys office. She stated that the planning director would facilitate having the administration introduce it. Deputy County Attorney Jung stated that the amendments do not appear to conflict with the intent and purpose of the Charter or the original ordinance, but there was some clarifying language for consideration. He stated that he wanted to wait until after the conservation easement workshop since one of the intents of the amendment was to use the fund to purchase conservation type easements. He stated that he will work with the department once they complete their final review and they should have a final product by the next meeting. He said the commission could decide then to adopt the changes or submit it to council as proposed. Commissioner Souza requested that the amendments be placed on the next agenda for discussion. She stated that it would be ideal to have it on the council's table when the commission's report is submitted. Deputy County Attorney Jung stated that if the administration can introduce the bill and transmit it to council before the report, they could run concurrently. Chair Kinnaman questioned if the commissioners would be meeting with the individual council members prior to reviewing the amendments. Ms. Sadora stated that the recommendation from the county clerk was that it should be introduced with the support from the administration. 4 Commissioner Souza stated that the purpose of the meetings were supposed to be an informal communication for the commission to follow up on any concerns. She stated that it is now a formal process and the opportunity was missed. Deputy County Attorney Jung clarified that the process is the formal procedure for introducing a bill for an ordinance. Commissioner Souza clarified that commissioners had an informal meeting with the mayor and wanted to have an informal meeting with individual council members to review the proposals in a preliminary way, and the commission could hear their concerns and make adjustments. She stated that now it is a formal process and they have missed the ability to discuss what they have been thinking. Ms. Sadora stated that it was always the way it was communicated to the county clerk, but they were looking at protocol. Deputy County Attorney Jung stated that the commission could try to work with the planning committee chair to have preliminary discussions and review the final product. Commissioner Souza stated that the problem with how it is proceeding now is that if they suggest changes, everyone would need to review it again. Deputy County Attorney Jung stated that the normal legislative process involves constant amendments. He stated that it is not unusual for last minute amendments to be made as long as the intent is not defeated on the original bill. Commissioner Ventura stated that the advantage of individual appointments with council members is to answer any questions informally and casually regarding what generated the proposed changes. She stated that she saw the value of the meetings for newer council members that may not have been familiar with some of the challenges and constraints that the commission has been experiencing. She agreed with Commissioner Souza that she was uncertain about whether meeting with individual council members is still an option. Commissioner Souza expressed frustration that this could be another delay. Ms. Sadora stated that anything that is produced by staff that is requested by the commission has to be reviewed by the department and the county attorney before going to other levels. She stated that it had to be in the form it is now in order to be finalized. She stated that she could not have had the meetings happen without that process. She stated that the delays were not intended to lose opportunities, but the delays were because of all the different channels it had to go through. She said that they will do whatever they can to have the timeline coincide with the report. Commissioner Ventura clarified that the Planning Department would be making a recommendation to the administration to introduce the bill. She stated that the 5 recommendation might be made by the next meeting but it would be hard to say if the administration would be introducing it by then. Ms. Sadora stated that the Hawai'i open space program did a presentation at the Resource Conservation and Development Council workshop highlighting how the fund was created, how the commission was created, the mandate, and what they acquired. Commissioner Souza stated that it would be a good idea to inform them of where the commission would like to go in terms of Ordinance 812. She stated that the current system is a reflection of the current ordinance and there is a frustration. She stated that the commission is also interested in what the workshop is about as well. She requested a copy of the Power point presentation at the next meeting. Commissioner Ventura requested copies of the final bill and the communication to the administration. She requested a copy of last year's timeline of events. The Commission agreed to do a Power point presentation. Commissioner Souza stated that because it is a new council and that there are new commissioners she felt it would be good for each commissioner to have a speaking part. She stated that if they are only allowed 5 minutes, they should have a plan B. Commissioner Ventura questioned if any commissioners had conflicts with the March 23, or April 5 council meetings. She requested that staff notify the county clerk that the report would be transmitted by the end of the month and ask for a confirmation on a presentation date. She asked staff to verify attendance for the next commission meetings. She stated that at the next meeting the commission should walk through the PowerPoint presentation. Chair Kinnaman requested being placed on the council agenda early in the morning. Commissioner Souza requested that public members who might be providing testimony be given copies of the report. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Kinnaman stated that the next meeting will be on February 24. She stated that the agenda should be the same and also should include the draft dossiers, the ordinance, the department's communication to the administration, and the past year's PowerPoint presentation. 6 ADJOURNMENT MOTION: It was moved by Jean Souza and seconded by to Johanna Ventura to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. Meeting adjourned at 2:50 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 7