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HomeMy WebLinkAbout2011-9-08 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 September 8, 2011, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Joseph Figaroa, Chairperson, Maurice Nakahara, Vice-Chairperson, Linda Dela Cruz, Tessie Kinnaman, and Johanna Ventura. The following Commissioners were absent: Nathaniel Childs, Jean Souza and two (2) vacancies. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Ian Jung. SWEARING IN OF COMMISSIONER Council-appointed, Anahola-Ha'ena Commissioner Joseph Figaroa was sworn in by County Clerk Peter Nakamura at 1:21 p.m. CALL TO ORDER Chair Kinnaman called the meeting to order at 1:24 p.m. SELECTION OF CHAIR AND VICE CHAIR Commissioner Ventura stated that she and Chair Kinnaman have both served as chair and vice chair in the past. She noted that she viewed the roles of chair and vice chair as primarily facilitators. She stated that the chair conducts the meeting and ensures that proper protocols are followed. She noted that the chair and vice chair don't necessarily have additional decision making or political impact beyond the will of the Commission. She stated that there are some official functions that the chair and vice chair are called to do such as meeting with the Mayor or Council members, but they are normally done with the input of the Commission. She encouraged the newer Commissioners to ask questions and noted that any lack of experience or time spent on the Commission wouldn't constrain them from serving in either position. I Chair Kinnaman agreed with Commissioner Ventura. Commissioner Figaroa questioned the additional responsibilities. Chair Kinnaman stated that they would occasionally meet with the Mayor or Council but staff would also be in attendance. She stated that staff calls to review and approve the agenda for each meeting. Commissioner Ventura noted that the vice chair's responsibility is to conduct the meeting in the absence of the chair. She clarified that her understanding was that Commissioners Nakahara and Dela Cruz were not interested in serving as chair. She nominated Commissioner Figaroa for the position of chair. MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to close the nominations for Chair. All were in favor by unanimous voice vote — motion passed. MOTION: It was moved by Johanna Ventura and seconded by Maurice Nakahara to elect Joseph Figaroa as Chair of the Commission. All were in favor by unanimous voice vote — motion passed. Commissioner Ventura questioned if Commissioners Souza and Childs were asked if they would be interested in serving. Ms. Sadora stated that she could give both of them a call. Commissioner Dela Cruz noted that she would not be able to serve due to her work schedule. Commissioner Nakahara nominated Commissioner Ventura to serve as vice chair. Commissioner Kinnaman nominated Commissioner Nakahara to serve as vice chair. Commissioner Nakahara stated that he would like to gain more experience before accepting a position of chair or vice-chair. Commissioner Ventura stated that she will respectfully defer to any other Commissioner who would be willing to serve, but would be happy to accept the nomination if there were not others. She questioned if the Commission could take action later in the agenda. Deputy County Attorney Jung stated that the Commission could table it, but they should take action some time today. 2 Commissioner Ventura suggested continuing the agenda item later to allow the other Commissioners time to respond. APPROVAL OF AGENDA MOTION: It was moved by Tessie Kinnaman 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 7/14/11, 8/11/11, and 8/25/11. Commissioner Ventura noted that the meeting minutes of August 25 are not ready for distribution and review. Regular meeting minutes of 7/14/11 — approved. MOTION: It was moved by Tessie Kinnaman and seconded by Maurice Nakahara to approve the 7/14/11 meeting minutes. All were in favor by unanimous voice vote — motion passed. Regular meeting minutes of 8/11/11 — approved. MOTION: It was moved by Tessie Kinnaman and seconded by Maurice Nakahara to approve the 8/11/11 meeting minutes. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS There were no announcements from staff. RECEIPT OF ITEMS FOR THE RECORD There were no items to receive for the record. 3 UNFINISHED BUSINESS Status of filling of vacant Commissioner positions. Ms. Sadora stated that the only vacancy before the Commission can appoint their ninth member is the Mayoral appointed, Kapa`a-Wailua position and there were no updates from the Administration. Commissioner Ventura noted that the Commission established an investigative team last year with the scope of duties to prepare the recruitment process for the ninth Commissioner seat. She clarified that the Commission is not able to fill the ninth seat until the rest of the seats are fully seated. She suggested that the Commission may want to lay the groundwork so that they can move quickly. She requested that staff reference the meeting minutes when the investigative team was established. She recommended that the selection process be placed on the next agenda for discussion for the benefit of the new members. 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 focus has been on the public input process. She questioned if there was anything specific that Commission wanted to address from this agenda item. Commissioner Kinnaman suggested adding another meeting on September 29tH Ms. Sadora stated that the discussion at the last meeting was that they were only going to have the first September meeting due to the HCPO conference. Commissioner Ventura stated that Commissioner Kinnaman may be requesting another meeting to better prepare for the public input meetings on October 5, 6, and 13. She suggested considering the possibility of adding another meeting date at the end of the meeting so they would know what work still needs to be done. She noted that although there is a lot of preparation associated with those meetings, there are commissioners assigned to work with staff outside of the commission meetings. She questioned if the new chair could assign himself to a committee. Deputy County Attorney Jung stated that the chair could assign himself to a committee because they would return to the full body for deliberation. Commissioner Kinnaman questioned of the Chair could attend each meeting as an observer. 4 Deputy County Attorney Jung stated the chair could observe without participating and the 2 or 3 committee members would run the meeting. He noted that the committee would fact find and bring the facts back to the full body for deliberation at a noticed meeting. Commissioner Ventura stated that the Commission is targeting October for public input, then reviewing that input and assembling the report to Council through the end of the year. Commissioner Nakahara noted that if the proposed Ordinance amendment passes, the Commission would be submitting a report to Council biennially instead of annually. 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) Deputy County Attorney Jung stated that in 2007 there was a request from the Planning Department for the Council to do a condemnation resolution, but it never made it to the Council's agenda so there was no discussion at the Council level. He stated that the project manager at Kukui`ula is currently verifying the amount in the fund. He stated that in 2010 it was $238,000 and now it's probably a little over $200,000. He stated that the next step would be to look at whether or not the property owner is willing to sell the access easement. He stated that they would need to have the easement appraised. He stated that the Mayor was willing to engage the land owner and if they are not willing to sell, then they would have to look at condemnation proceedings. He stated that because it was not purchased within the 3 years of the approval of the zoning amendment, the money goes to the park Improvement fund. He stated that according to the Director of Parks & Recreation they could utilize the park improvement funds, but they would need to see if they need to amend the ordinance. He said if the Parks Department accepts the fund and will utilize it for access and claim it as a Parks property, then would be doable. Chair Figaroa questioned how a County easement is purchased. Deputy County Attorney Jung stated that there is someone who benefits from the easement and the property owner who is burdened by the entitlement. He stated that technically the land owner is burdened by the drainage easement that the County required. He stated that if the easement in not necessary because of road improvements that have occurred, then the question would be whether the easement can be abandoned or converted to a pedestrian access easement. He stated the through Ordinance 777, if a subdivision is done, the County can exact access. He stated that in this case, the land owner is not going through any entitlement process, so we would have to offer to purchase it. 5 Chair Figaroa questioned what option is available if the land owner is not willing to sell. Deputy County Attorney Jung stated that the other option would be condemnation procedures which could be friendly or contested. He stated that the public purpose would need to be identified, and that there would be a benefit to the public, then there would be the issue of valuation. Chair Figaroa questioned if converting the access from a drainage easement to a pedestrian access still requires a purchase or condemnation. Deputy County Attorney Jung stated that at the time the easement was created it was for drainage. He said to change the purpose would require a new grant of easement. Chair Figaroa questioned if the process would require use of the funds. Deputy County Attorney Jung stated that if Parks & Recreation Department waives the funds for park improvements then it would be possible, based on the recommendation of the Open Space Commission, to utilize that for the access. Chair Figaroa questioned if the process would require more than the actual price of the access. Deputy County Attorney Jung stated that there is an exemption for doing an environmental assessment on unimproved property. He stated that the transaction would be similar to Black Pot Park expansion and they wouldn't be required to hire consultants. He said if it goes to condemnation, then they would be looking at fees for appraisers, but in terms of attorney fees, it would be under the County Attorney's office. Chair Figaroa questioned if the land owner has ever been approached to come up with a mutual agreement to allow public access. Then they would still own the property, we would still have access, and there would be no cost. Deputy County Attorney Jung stated that in 2007 the land owner didn't want to sell. He stated that more land owners would want to have the grant of easement document and the County to accept the liability. He stated that even the easements that are dedicated to the County require the County to sign off indemnification. Chair Figaroa questioned if the County would hesitate taking on the liability. Deputy County Attorney Jung stated that there have been issues in the past about liability and there have been attorneys that have tried to stretch a case where once you open up a pedestrian access it becomes a defacto beach park. He said private land owners are protected under HRS 520, but despite the limited liability some owners are still sued. He stated that he would be happy to brief the Commission on liability in executive session. 6 Commissioner Ventura questioned if that information would be useful for the investigative team, they would want to have that discussion today since it is the last meeting before the public meeting at Po'ipu. Deputy County Attorney Jung stated that he will be at the Po'ipu meeting. Commissioner Ventura questioned if condemnation would need to go back to Council for decision to move forward. Deputy County Attorney Jung stated that a condemnation resolution would be required from Council then a lawsuit is filed. Commissioner Ventura questioned if the dossier was transmitted to Council. Ms. Sadora stated that since they had the support from the Administration they wanted it to determine what the administration would do first. Commissioner Ventura questioned if it would be realistic to expect an update from the attorney's office at the next meeting on October 13. Deputy County Attorney Jung stated that they would contact the land owner to determine their current position. Commissioner Ventura questioned if she understood correctly that there is a possibility that the wall that was constructed could be obstructing the drainage that the original easement was intended for. Commissioner Kinnaman noted that the culvert runs under the road and under the property. She stated that the NTBG gift shop has a retention basin above it that overflows onto the road. She questioned what Kukui'ula has used the fees for. Deputy County Attorney Jung stated that there is a subdivision and they are dedicating a parcel to the Royal Order of Kamehameha. He stated that there are still the EIA fees. Commissioner Kinnaman stated that she did not recall that EIA fees would come out of the fund. She thought the EIA fees were for the parking lot that was built at Boyden's Pond. Chair Figaroa questioned if the County has ever entertained the idea of working with a community non-profit group. He stated that home owners may have a heart for non- profit groups rather than the County. Deputy County Attorney Jung stated that the new bill going before Council will address that issue where the County won't be holding the land but will be the silent helper of 7 funds and held in conservation purposes by some kind of stewardship type group. He stated that the County currently has to hold the title. Commissioner Nakahara requested that this item be continued on the next agenda with a report on the status of the Hoban easement and what discussion was made with the land owner. Update on proposed amendments to Ordinance 812 Deputy County Attorney Jung stated that he Mayor has approved the ordinance amendment and will be returning it to the Planning Department to transmit to Council. He stated that it could be on the Council agenda within the next couple of weeks. Commissioner Ventura questioned if it would be advisable for the Commission to send a letter of support to the Council indicating support of the amendments. Deputy County Attorney Jung stated that the Commission could agree to a formal letter and submit it as a body, or the Commissioners can appear individually. He stated that it would require a first reading, and then go to committee, then second and final reading. Commissioner Ventura stated that the Commission went through a long facilitated process examining the vision. She stated that she wanted the Council to be aware that the amendments were generated by the Commission. She stated that significant Commissioners have contributed to that work. She suggested the possibility of taking up this topic after the public meetings. Deputy County Attorney Jung stated that the Commission would probably want to present their letter at the public hearing date which would require 30 days notice. 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 Ventura stated that the public input process is going to consist of 3 meetings, the brochure, a press release, an online survey, and October meetings designated for public input. She stated that the survey results and information from the investigative teams would be reviewed in November. She noted that the Public Information Office would need time to review the draft press release and release it, and the printing of the brochures would need to be arranged. She stated that they should also discuss the online survey and whether they want to keep it the way it is or align it with the brochure. She stated that in the past they relied mostly on the survey, starting with a clean slate each year and evaluating that input with opportunities that were identified in the past. She noted that the fund grows less than half a million dollars each year which means that an acquisition is probably not going to happen every year. She 8 stated that this year the Commission decided to speak to the communities on how the Commission can better support their efforts to move last year's opportunities forward. Chair Figaroa agreed that teaming up with community organizations would be the most efficient way, rather than recreating the wheel. He noted that surveys.com works with Facebook and Twitter. He stated that since only 200 surveys were returned out of the 60,000 plus residents on the island, he suggested that social networking might produce better responses. He stated that the younger generation is more inclined to participate in that kind of survey. Commissioner Ventura questioned if it would be the County of KauaTs Facebook page promoting the survey. Chair Figaroa stated that he would create a specific Facebook page per site and mention that it is a County survey. Ms. Sadora stated that they would have to check with the County Attorney. Commissioner Ventura noted that the County's Facebook page is awesome. She stated that traffic construction notices are also posted on that page. She stated that since the Commission has not experienced tremendous success with the online surveys, they decided to make it available, but focus their efforts on the public meetings. Chair Figaroa suggested that the Commission review the past PSA at home and email suggestions or changes to staff. Ms. Sadora questioned the closing date for the survey. Commissioner Ventura stated that October 31 sounded good for a closing date. She stated that the background information in the PSA was fine. She suggested opening with the Open Space Commission is conducting its annual public input process and invites the public to attend community meetings listing the dates and times, then listing the opportunities. She stated that the challenge in taking the PSA home as homework is that it would need to get to the Public Information office by next week. Chair Figaroa suggested that all changes be submitted by midnight Friday. Commissioner Kinnaman suggested adopting the language in the brochure for the press release with the meeting dates and deadlines. Commissioner Ventura asked Chair Figaroa if he would be willing to take on the responsibility of adopting the language in the brochure and working with staff to edit the press release. 9 MOTION: It was moved by Johanna Ventura and seconded by Maurice Nakahara that the Chair adopts the language from the brochure into the press release and works with staff to approve a draft for submittal to the County Public Information office. All were in favor by unanimous voice vote — motion passed. Chair Figaroa questioned Deputy County Attorney Jung about the possible liabilities of utilizing survey.com with Facebook. Deputy County Attorney Jung stated that the County has its own Facebook page that could possibly have a link to the survey. He noted that County personnel are restricted from accessing Facebook on County computers, so it would have to run through the Public Information Office. He agreed that it may invite more responses. Commissioner Ventura stated that it had been the policy of the Commission for many years under the recommendation of former Commissioner Puna Kalama Dawson that because there wasn't a consensus among the Hawaiian speaking community, diacriticals should be omitted. She stated that the County's computers have now been set up to automatically complete diacritical marks. She stated that she copied the marks that were already used in the 2010 report for the brochure, but she was uncertain about Moikeha. She asked staff to review the draft for consistency with the County's existing list of Hawaiian words. Ms. Sadora stated that the use of diacritical marks in the County's list is based on the University of Hawai'i, but not all words may be recognized. Commissioner Ventura stated that the bulleted information was taken directly from the 2010 report and noted that there is no consistency in the use of the diacritical marks. Ms. Sadora stated that she will verify with IT if there is a way to turn off the diacritical mark insertions. Commissioner Ventura stated that her preference would be for staff to receive direction on which words would have diacritical marks and she would edit and forward a pdf to staff. She also asked for verification on Kaneiolouma and Hoone Road. Commissioner Kinnaman stated that use of diacritical marks change the meanings of the words. Commissioner Ventura suggested verifying with the community groups for correct diacriticals especially for the Kaneiolouma complex in order to not offend the stakeholders. The Commission agreed with the formatting of page 2 of the brochure. They also agreed to have the online survey consistent with the brochure. 10 Commissioner Kinnaman questioned if the purposes of the fund were going to be included. Commissioner Ventura stated that the purposes could be included on the last page, but her personal opinion was that when people were asked to check off the purposes of the fund that applied to their recommendation, it was a matter of personal opinion. She stated that when the Commission did their decision making, they did not spend a lot of time talking about which purpose it qualified for as compared with the description of the property. She stated that it might be good background information, but suggested not having it as a check list. Commissioner Kinnaman stated that she didn't mean for it to be a check list, but more for information. Commissioner Ventura stated that if the purposes are listed on the back, they would not be able to use the brochure as a mailer. Chair Figaroa stated that it is nice to talk about the history and how the funds are derived, but the bottom line would be what the fund is and what the purposes are. He suggested that the third page start with the purposes of the fund. The Commission agreed on the changes. Commissioner Ventura stated that she would make the changes and send the pdf to staff. She stated that she would send a copy to the Chair to use the information for the press release. Chair Figaroa noted that the okina in Po'ipu is misplaced. He noted that poi refers to caps and pu refers to waves, but Po is the death God. Commissioner Ventura noted that the okina placement is from the County system. Ms. Sadora noted that the County is basing it on information from the University of Hawai'i, but she stated that she would research it. Commissioner Kinnaman agreed that Po'ipu means pounding surf. She stated that it is critical for the diacriticals to be in the correct place. Commissioner Ventura requested specific follow up to Moikeha, Kaneiolouma and Hoone Road. Commissioner Ventura stated that if the investigative teams would like to use a PowerPoint, they could use the presentation that the Commission used to present their 2010 report to the Council. Ms. Sadora stated that the Commission wanted to edit the year in review slide. 11 Chair Figaroa suggested a photo slide while people are talking rather than an information page. Commissioner Ventura agreed that if there is a photo to look at while people are talking, it helps to clear their brains while they are listening. The Commission agreed to delete slide number 4 from the PowerPoint. Chair Figaroa invited a motion to remove all diacriticals from the brochure. Commissioner Nakahara questioned if Commissioner Ventura would have the ability to remove the diacritical marks from the document. Commissioner Ventura stated that she wanted to stay consistent with the 2010 report until the Commission could discuss it, but she has the ability to easily remove the diacritical marks. She expressed concern that she would not want to create what could be perceived as incorrect punctuation at the meetings. Commissioner Kinnaman stated that she would want to utilize diacritical marks only if they are in the proper place for the meaning of the words. Commissioner Nakahara stated that he would support removing the diacritical marks as long as the Commission can explain to the public why there aren't any diacritical marks. Chair Figaroa stated that people are more forgiving if there are no diacriticals than if there are incorrect diacriticals. Commissioner Nakahara questioned if the Department would be okay with no diacritical marks. Ms. Sadora stated that the County mandated the policy for consistency, but she stated that she would follow up with the Department and the Deputy County Attorney due to the nature of the work of the Open Space Commission being involved in utilizing certain place names that may not be adopted into the County system. Commissioner Ventura stated that it might be easier to seek permission to omit use of diacritical marks for this specific publication since the Commission is going to be holding public meetings with the communities that are directly involved in these places. She stated that if the conversations at the meetings become more about the interpretation of the diacriticals than the management and protection of the places, then it would be a huge loss of the Commission's and the community's work. Ms. Sadora stated that she will try to seek consideration for this specific publication, but she felt that the Commission may still want to have the conversation of the Commission 12 wanting to be respectful to the Hawaiian culture for future documents as well. She stated that she will seek direction from the Department first. MOTION: It was moved by Johanna Ventura and seconded by Maurice Nakahara that staff seek approval from the appropriate decision maker within the Administration for the Commission to omit diacriticals from in the 2011 public input brochure for the reasons that have been discussed. All were in favor by unanimous voice vote — motion passed. Update on Commission participation at the upcoming Hawai'i Congress of Planning Officials (HCPO) 2011 conference in September on Kaua'i. Ms. Sadora stated that there were no updates since the last communication to the Commission. She stated that all of the Commissioners will be attending either the South shore or North shore mobile workshops except Commissioner Dela Cruz due to her work schedule. She stated that they are at capacity for both tours, but there may be room on the North Shore tour for Chair Figaroa to participate. She stated that she and Commissioner Ventura are finalizing the speaking panel for the North Shore workshop at Waipa. Commissioner Kinnaman questioned if information will be handed out. Ms. Sadora stated that handouts will be given during the tour highlighting information of the designated stops. She noted that the tour will run form 10am to 4pm and that the conference program information is available on the website. 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 Maurice Nakahara and seconded by Tessie Kinnaman to defer this agenda item until the next meeting. All were in favor by unanimous voice vote — motion passed. NEW BUSINESS Update and discussion on the status of public accesses. Deputy County Attorney Jung requested a deferral of this agenda item. 13 MOTION: It was moved by Tessie Kinnaman and seconded by Linda Dela Cruz to defer this agenda item. All were in favor by unanimous voice vote — motion passed. Deputy County Attorney Jung stated that he needed to attend the Kaua'i Historic Preservation Review Commission meeting, but will be available if needed. Commissioner Ventura noted that the Commission earlier tabled whether the Chair would like to appoint himself to any of the investigative teams, and Commissioner Kinnaman's suggestion for an additional meeting date. Chair Figaroa stated that he would like to appoint himself to the Salt Pond investigative team. Commissioner Ventura stated that Commissioner Kinnaman suggested the addition of another meeting between now and October 5. She noted that because of the HCPO conference fell on September 22, the Commission cancelled that meeting. Commissioner Kinnaman requested another meeting to be able to see the final survey. She stated that issues that have been deferred should also be taken up before the next month because she didn't want to lose momentum. She stated that the main reason would be to better prepare for the public input meetings. Commissioner Ventura stated that committee members could meet or talk by phone to accomplish any preparation that may be needed for the specific sites. Commissioner Dela Cruz stated that there would be handouts provided to explain the purposes of the meetings. Ms. Sadora stated that the Commission requested copies of the brochures and maps that were specific to the meeting site. Commissioner Kinnaman stated that she would like to have the materials ahead of time. Ms. Sadora stated that the presentations can be mailed out ahead of time since it has been approved as is. She noted that staff would also be at the meeting. Commissioner Ventura stated that if Commissioner Kinnaman would feel more comfortable having the materials in hand prior to the meeting, it could be worked out. She stated that the committees are able to work with staff. She suggested that the committees work to create a checklist of things they want. She noted that she would not be available on the 29th or the 30th. She stated that if the Commission elects to add another meeting date, she suggested subjecting it to the availability of the other commissioners. 14 MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to approve the brochure draft with the changes that were discussed today with implementation of the policy decision regarding diacriticals as it is communicated by staff to be determined, and also instruct the IT department to restructure the electronic survey to follow the content of the brochure as it was approved with the additional electronic material that was previously identified by the Commission. All were in favor by unanimous voice vote — motion passed. Commissioner Ventura stated that she did not have a strong opinion about having an additional meeting, mostly because her investigative team's meeting follows the Commission meeting on the 13tH Chair Figaroa questioned the pressing issue for an additional meeting. Commissioner Kinnaman stated that she would like to have a meeting to discuss the input process and the executive sessions on either the 28th or 29th Ms. Sadora stated that she was not able to reach Commissioner Souza by phone to determine her availability. She stated that staff would also need to verify room availability. Commissioner Ventura suggested that the motion should be whether or not to hold a meeting subject to quorum and venue availability. Commissioner Nakahara stated that if the staff provides information prior to the community meetings, the committee can work out the schematics. He stated that the information is the same from the 2010 report and they would have information available for the public at Po'ipu. Ms. Sadora stated that they would provide the most current real property values. She stated that the Hoban access has always been listed with the actual purchase price of the property. She stated that the Commission just needs to notify the public that the value of the property is not the value of the easement. Commissioner Nakahara stated that he would be comfortable with that. He pointed out that Commissioner Dela Cruz would need to take vacation to attend a meeting. He personally didn't see a need to have an additional meeting. Chair Figaroa re-visited the nominations for vice-chair. Commissioner Nakahara stated that he re-considered his nomination for vice-chair. Commissioner Ventura stated that she declines her nomination for vice-chair. 15 MOTION: It was moved by Linda Dela Cruz and seconded by Tessie Kinnaman to close the nominations for vice-chair. All were in favor by unanimous voice vote — motion passed. MOTION: It was moved by Tessie Kinnaman and seconded by Linda Dela Cruz to elect Maurice Nakahara as vice-chair of the Commission. All were in favor by unanimous voice vote — motion passed. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Figaroa stated that the next meeting will be on October 13. Commissioner Nakahara stated that he will not be here for that meeting. Ms. Sadora stated that agenda items I and III should be removed, and all the other items should remain the same, Commissioner Ventura requested adding the recruitment process for the 9t" commissioner with appointment of the investigative team and scope of work. ADJOURNMENT MOTION: It was moved by Johanna Ventura and seconded by Linda Dela Cruz to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. Resp,ectfully submitted by: Duke Nakamatsu, Support Clerk 16