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HomeMy WebLinkAbout2011-3-10 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 March 10, 2011, in the Lru'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Tessie Kinnaman, Chairperson, Johanna Ventura, Vice Chairperson, Linda Dela Cruz, Eugene Punzal, and Jean Souza. The following Commissioners were absent: Maurice Nakahara, and three (3) vacancies. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Ian Jung. CALL TO ORDER Chair Kinnaman called the meeting to order at 1:15 p.m. APPROVAL OF AGENDA Chair Kinnaman noted corrections to the agenda that item VII should be item VI, and item VIII should be item VII. MOTION: It was moved by Jean Souza and seconded by Eugene Punzal to approve the agenda as amended. All were in favor by unanimous voice vote — motion passed. Commissioner Souza noted that she would be taking a conference call at 2:00 p.m. for about 10 minutes and requested a recess at that time. The Commission took item VA out of order to accommodate the Administrator from the Office of Boards & Commissions. UNFINISHED BUSINESS 1 Status of filling of vacant Commissioner positions. Ms. Sadora stated that the recent Council appointee called to resign due to medical reasons. She stated that her application would be kept on file should she be able to participate in the future. The Commission welcomed John Isobe, Administrator from the Office of Boards & Commissions. Mr. Isobe apologized and stated that he had been under the impression that the Office of Boards and Commissions had completed the appointment process. He stated that he was only informed this week that two of the appointees opted to not accept their appointments and they are now back in a recruitment process. He asked for the Commission's assistance in referring anyone they were aware of from the Wailua/Kapa'a or the Li-hu'e/Hanama'ulu districts who might be interested and he would submit their names to the Mayor for consideration. Commissioner Ventura questioned the possibility of a press release. Mr. Isobe stated that they have not done formal press releases to solicit applicants to Boards & Commissions in the past, but the information is posted on the website. He stated that they could possibly do a press release but it is outside of the normal practice. Commissioner Ventura stated that the Commission suggested that names of previous applicants be referred to the Administration and Council for consideration. She clarified that she was not requesting a specific press release for recruitment, but an announcement of the Commission's report and the availability of vacancies. Chair Kinnaman questioned the policy on commissioners who have served on previous boards or commissions returning to serve on another commission. Mr. Isobe stated that the waiting period would be one year. Commissioner Ventura stated that it was her understanding that the one year waiting period pertained to the commission to which they previously left. She questioned if it also applied to a different commission. Mr. Isobe stated that according to the rules, you are not able to serve for more than two consecutive terms. There have been commissioners who served one full term on one commission and then were appointed to a serve another full term on another commission, but the Office of Boards and Commissions would interpret that as two consecutive terms. Commissioner Ventura questioned if other commissions were continuing to experience issues with vacancies. 2 Mr. Isobe stated that there are other commissions with vacancies, but they are now in the process of filling those vacancies. He stated that it has been his hope that by the end of March, all of the commissions would have been fully filled. He stated that the challenge has been that there are interested applicants, but not from the districts that are vacant. Commissioner Souza suggested that commissioners submit a list of potential applicants to the Office of Boards & Commissions. Commissioner Punzal questioned if Commissioner Nakahara who is currently at large would be able to switch to fill the North Shore position. Commissioner Souza clarified that the question was whether Commissioner Nakahara in an at-large position be appointed to a vacant district position to free up the at-large, so that an applicant from another community that is already filled could fill the at-large position. Mr. Isobe stated that he would speak with the County Attorney's office. He noted that Commissioner Nakahara's status would shift as far as which position he held, but wouldn't jeopardize his status on the Commission. He stated that he would need to review the process to be sure. The Commission thanked Mr. Isobe. Mr. Isobe thanked the Commission. Commissioner Ventura felt the Commission should be more assertive because of potential quorum issues. She stated that because the Council and the Administration has a vetting process, she felt comfortable with a public notice. Commissioner Souza did not feel that it would be inappropriate for the Commission to issue a press release because it is the Council's and Administration's appointments. Deputy County Attorney Jung stated that the announcement would come from the County's communications officer, and not necessarily from the Commission. Commissioner Ventura clarified that the Commission could request that option be considered. Commissioner Souza questioned if it would be appropriate to note it on the Commission's web page. She questioned Deputy County Attorney Jung if Commissioner Nakahara's position could be switched from at-large to Kilauea-Ha'ena since he lives in the Kilauea-Ha'ena area. 3 Commissioner Ventura noted that Commissioner Nakahara has not yet served a full term. She noted that she is also appointed as a Mayoral at-large, but resides in Ha'ena. Deputy County Attorney Jung stated that it is always difficult to fill positions when there are limitations, but he will look into the idea within the framework of appointments and staggered terms. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 2/24/11. Regular meeting minutes of 2/24/11 — Deferred. The minutes of the 2/24/11 meeting were not available for distribution from the staff. ANNOUNCEMENTS Staff distributed copies of an announcement from the Office of Boards & Commissions regarding upcoming training on parliamentary procedures. Commissioner Souza suggested that the Chair and Vice Chair attend. Chair Kinnaman and Vice Chair Ventura stated that they would be unable to attend. Commissioner Souza suggested that staff attend the workshop if there is space available. Commissioner Ventura questioned if there were tentative dates set for the HCPO. Ms. Sadora stated that the convention will be in September, but there are no dates or places confirmed. UNFINISHED BUSINESS (Continued) 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. Commissioner Ventura questioned if the unresolved issues report would be submitted with the Commission's report. Ms. Sadora stated that the unresolved issues report is still going through finalization within the Department. She did not think it would be available to be submitted with the Commission's report. 4 Commissioner Ventura questioned if the PowerPoint presentation was ready. Commissioner Souza stated that she was experiencing computer problems and was unable to locate the files, so she would need to start again from scratch. Ms. Sadora stated that she could start with the contents of the report and the Commission can edit it. Commissioner Souza suggested starting with the executive summary and including the aerial graphics. Staff distributed copies of the Resolution regarding the use of Hawaiian diacritical makings. Ms. Sadora stated that diacritical marks were only used from words that were added to the County's internal dictionary. Commissioner Souza asked for examples of names that were not included in the dictionary. Ms. Sadora stated that place names like "Hoone" were not included. She stated that if diacritical marks were not included in the spell checker, she did not include it. Commissioner Souza suggested that there should be a place names book or a map that includes place names. Ms. Sadora stated that the justification for use of diacritical marks was based on the Resolution for County documents rather than personal judgment. Commissioner Souza questioned if the Resolution was passed and if it is law. Deputy County Attorney Jung stated that the Resolution was passed in 2002. He noted that resolutions are non-binding but are a strong encouragement. He stated that if there is intent to try, it would show compliance with the Resolution. He noted that in Hawaiian culture, the diacritical marks can change the meaning of words. Commissioner Souza noted that prior to the Resolution, former Commissioner Puna Kalama Dawson noted that there were many ways of using diacritical marks, so instead of choosing, the Commission decided not to use them. Commissioner Ventura stated that the concern is that there are members of the public that might have issues with exclusion of the diacritical marks. She suggested taking that topic up prior to next year's report. She suggested inviting members of the public to provide feedback on use of diacritical marks on the website. 5 Commissioner Souza stated that the Department should be looking at sources such as maps for place names. She said that the Commission would now be complying with the Department's policy, but they are now aware of the limitations. She suggested that the Commission work with the Department to improve so the documents would be consistent. Commissioner Ventura stated that once you set up a custom dictionary, you are basically importing a word list that includes the words the way you want them. Commissioner Souza noted that having a custom dictionary is different than having a place names reference. She stated that the answers would be found in a map or a Hawaiian place names book. Chair Kinnaman asked if the Commission is scheduled for Council presentation on March 23. Deputy County Attorney Jung stated that the Council Chair controls the agenda and would need to see what the agenda items are going to be. Ms. Sadora stated that the communication was for the County Clerk to notify the staff as soon as a date is determined. She noted that the report will be back from the printers and transmitted to Council by tomorrow. Commissioner Ventura requested that the report be transmitted electronically to the Commissioners. 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. Commissioner Ventura stated that a potential education session was on established public accesses from Princeville to the coastline which was generated from the field trip report regarding the possibility of the existence of a County right of way. Chair Kinnaman questioned the Parks Master Plan process. Commissioner Ventura stated that the plan is underway and the Parks & Recreation Department was conducting their first community outreach meetings this week and scheduling others to follow. She recommended that the Commission may want to wait until the first round is over. Ms. Sadora stated that she had a meeting with the Director of Parks & Recreation and he said he would be open to speaking with the Commission. She said they could work to schedule that at an upcoming meeting. 6 Chair Kinnaman questioned the status of the HRS law pertaining to shoreline access. Ms. Sadora stated that she needed to follow up with the Deputy County Attorney. Commissioner Ventura clarified that when Westside resident, Dr. Kawane, came to testify he cited HRS regarding public access being regular and reasonable. She stated that the Commission was not clear regarding the applicability of the Law as they pertained to large agricultural tracks that are in active production. She stated that the prior Deputy County Attorney suggested that the University of Hawai'i law students may be interested in taking up and providing an educational session. Ms. Sadora stated that she needs to verify the status with Mr. Dahilig. Chair Kinnaman stated that she felt that the interest was more in enforcing the HRS. Commissioner Dela Cruz questioned if a letter was generated to Dr. Kawane expressing that the Commission was following up on the status. Ms. Sadora stated that she recalled that the Commission was planning to send him a copy of the report with a letter. Deputy County Attorney Jung stated that he could take a look at the Bill. Chair Kinnaman stated that Dr. Kawane does a lot of shoreline fishing but the accesses along the coastline are blocked and require permits. Commissioner Ventura stated that Dr. Kawane provided a packet to accompany the testimony. She stated that one of his main concerns was that he cited the applicable statutes that require regular and frequent accesses. She stated that he was questioning why the accesses that are specified in the statutes don't exist along this coastline. She stated that the Commission felt that it would be helpful to understand the applicability of those statutes with regard to public access on Kaua'i. Commissioner Souza stated that she thought the Commission was going to receive copies of the unresolved issues report. Ms. Sadora stated that she chose not to place it on the agenda because of their pending work with the report presentation and the dossiers. Review and discussion on proposed amendments to Ordinance 812. Regarding Section 1 on page 1, the Commission agreed that the findings and purpose should read as follows: "The Council of the County of Kaua'i finds that to better manage the County's Public Access, Open Space, and Natural Resources Preservation Fund 7 program the Council should expand the scope and the duties of the Public Access, Open Space, & Natural Resources Preservation Fund Commission to improve the Commission's operational efficiencies and bring the scope of the Commission's duties into alignment with the expectations and needs of the people of the County of Kaua'i." Chair Kinnaman questioned subsections b, c, d, e, and f on the bottom of page 4 and top of page 5. Deputy County Attorney Jung stated that under Section 6-14.2 Administration on page 2 is the first (a). Then (b)-(f) would be following "The Commission is also authorized to" section. Commissioner Ventura questioned if the Planning Director has reviewed the most recent amendments to the draft. Ms. Sadora stated that he has been given a copy. She said that he would be presenting it for the Administration's endorsement at the Commission's request, but noted that he may not necessarily support it 100%. Deputy County Attorney Jung stated that he sent an email with his input regarding the legal issues, but it would be up to the Department and the Administration on how to proceed with supporting it or not. Chair Kinnaman questioned if the Commission would be receiving a final draft. Deputy County Attorney Jung stated that the next draft would be in its final form without the highlights, boldings, and strikethroughs, just the underlines and brackets. He stated that it would be considered the draft of recommendations from the Commission. Commissioner Ventura stated that if the Director had concerns about specific language or specific items, there might be value in having a discussion with him before it is submitted to the Mayor's office. Deputy County Attorney Jung stated that it would be the Commission's discretion to invite the Director for discussion. Commissioner Ventura stated that if he has specific reservations or uncertainties it would be good to have a conversation. He stated that he may have a more broadened perspective as Planning Director than he did when he was the Commission's attorney. Review and discussion on draft dossiers fro Council's consideration on recommended sites for acquisition. Commissioner Ventura stated that the benefit of the draft dossiers was that they provided something for the Commission to respond to. She suggested that staff 8 reformat the drafts to make them easier to react to the information in the revised outline. She stated that a benefit of the dossiers not accompanying the report is that it would draw additional attention when they are submitted. Commissioner Souza stated that the Commission had agreed to submit them separately because it was going to be a submittal from the Planning Department and not from the Commission. Ms. Sadora questioned where the information would be coming from and how detailed the Commission wanted the dossiers to be aside from the report. Chair Kinnaman asked if the Commission would like to review the process step by step or if staff should follow up from previous reports. Commissioner Ventura felt that more detail would be better. She suggested that reformatting would be a good idea because the Council would understand why they were receiving the information and that there are more complexities with the three opportunities as compared with the others. She stated that having a written product would be faster to revise than trying to draft one as a group. Commissioner Souza suggested that the commissioners review the dossiers and write what they can to help fill in the blanks. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Kinnaman questioned if there would be a PowerPoint of the presentation to Council. Ms. Sadora stated that she would reformat the dossiers and work on the PowerPoint presentation to Council. Chair Kinnaman requested that new business include a review and discussion on the unresolved issues. Commissioner Ventura requested a revised commission education session list including the recent additions. ADJOURNMENT MOTION: It was moved by Eugene Punzal and seconded by to Linda Dela Cruz to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. 9 Meeting adjourned at 4:30 p.m. Respectfully submitted by: rl�, Duke Nakamatsu, Support Clerk 10