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HomeMy WebLinkAbout2012-01-26 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 January 26, 2012, in the Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Joseph Figaroa, Chairperson, Maurice Nakahara, Vice Chairperson, Nathaniel Childs, Tessie Kinnaman, Jean Souza, and Johanna Ventura. The following Commissioners were absent: Linda Dela Cruz, John Lydgate, and (1) vacancy. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Ian Jung. CALL TO ORDER Vice Chair Nakahara called the meeting to order at 1:30 p.m. APPROVAL OF AGENDA Commissioner Souza questioned if the Vice Chair would like motions to defer agenda items now or as they come up. Deputy County Attorney Jung noted that he had nothing to report for item VI A. MOTION: It was moved by Nathaniel Childs and seconded by Jean Souza to defer items VI A, C, and D to the next meeting. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES — Regular meeting minutes of 12/19/11 and 1/12/12. Regular meeting minutes of 12/19/11 and 1/12/12 — Deferred. 1 MOTION: It was moved by Jean Souza and seconded by Nathaniel Childs to defer approval of the 12/19/11 and 1/12/12 meeting minutes until the end of the meeting. All were in favor by unanimous voice vote - motion passed ANNOUNCEMENTS Ms. Sadora announced that the press release for the recruitment of the ninth Commissioner was released to the media and all County employees. RECEIPT OF ITEMS FOR THE RECORD There were no items to receive for the record. UNFINISHED BUSINESS Update on proposed amendments to Ordinance 812. Deputy County Attorney Jung stated that according to the legislative analyst assigned to the Bill, it went through public hearing at Council with nobody testifying, and it was referred to the next committee meeting on February 8. He stated that he would try to figure out the timeframe once the agenda is posted on next week Thursday. Commissioner Ventura asked for clarification that the Commissioners can submit written testimony as individuals. Deputy County Attorney Jung stated that they would be acting on behalf of themselves. He stated that their collective statement has already been submitted in the language. Commissioner Souza stated that the Commission took action that she and Chair Figaroa would be testifying officially as Commissioners. Deputy County Attorney Jung stated that they would be testifying to their individual capacity as to why they support the Ordinance. Commissioner Ventura stated that she would like to submit written testimony, but didn't want it to be construed as coming from the Commission. Deputy County Attorney Jung stated that she could submit it as an individual. Commissioner Childs stated that anyone who is able should attend. Commissioner Souza questioned if they should provide background information. 2 Deputy County Attorney Jung stated that the Commission identified the issues during their report presentation. He stated that the primary intent is to address the issue of selecting the ninth Commissioner and acquiring other types of property entitlements. Commissioner Souza stated that the Commission should highlight the main points and their rationale behind the changes. Commissioner Ventura stated that it would be good for the Council to understand that although the proposed amendments were introduced by the Administration, they were actually generated by the Commission. Deputy County Attorney Jung stated that it is explained in the transmittal. NEW BUSINESS Review and approval of the Commission's 2011 Report to the Kaua'i County Council and the Mayor. The Commission received testimony from Mr. Rupert Rowe. Mr. Rowe stated that the web site www.kaneiolouma.org is back online and he noted that the State transferred their portion of the land over to the County on September 9, 2011 . The Commission thanked Mr. Rowe. Chair Figaroa arrived at 1:55 p.m. The Commission reviewed and edited the draft report as prepared by Commissioner Souza. Regarding Salt Pond Beach Park Expansion, Commissioner Ventura recommended referencing the public's concern of potential contamination of the salt pans by the park's leach field. She stated that it would identify two potential threats. Commissioner Childs stated that he did not feel it was the Commission's kuleana in their defined role. He felt that park management falls under the jurisdiction of Parks & Recreation. He stated that the Commission is trying to acquire more land around the park to avoid dirt and pesticides running into the salt pans, but they can't do anything about the existing sewage and traffic. Commissioner Ventura stated that she was not alleging that the park management needed to be addressed, but suggested characterizing the potential threats to the pans more comprehensively. 3 Commissioner Childs stated that he agreed with Commissioner Ventura, but their kuleana is to acquire land. Commissioner Souza stated that the issue is important, but agreed that it is not the Commission's kuleana. She stated that they can address some of it by obtaining control of the surrounding lands. Chair Figaroa suggested switching the order of paragraphs 2 and 3 to mention the termination of the long standing sugar operations first, then the salt pans and how to acquire it. Commissioner Souza stated that they usually list the value first and then provide the background. Chair Figaroa felt that as a reader it should build momentum to the plot. Commissioner Childs agreed that they should explain how it can be acquired first, and then explain why. The Commission agreed to switch the order of the paragraphs. Chair Figaroa suggested switching the order of the last two sentences in the second paragraph and merging them together to state: "There is an urgency associated with the acquisition of these properties due to a rare window of opportunity to obtain these lands for public purposes." The Commission agreed to edit the second to the last paragraph to "Open Space funds may be used for the necessary subdivision of State-owned properties and for the acquisition of the private interests in the Beach Park expansion area." Regarding the proposed Piwai Recreation Area, Commissioner Souza questioned if the two groups were still the current users of the property. Commissioner Ventura stated that they were current as of the public input meeting. She suggested a change to the 2nd paragraph on page 4 to state "Island-wide, the closure of off-road trails and prohibition of access to Mauka areas over the years has significantly affected many Kaua'i residents in a negative way." She noted that in 2011 it was removed from being on the market and she was not aware of the current status. She suggested a editing the 3rd paragraph to "While the non-profit organizations have used this property as a recreational vehicle track for years, the property has been on the market for sale, thereby jeopardizing the current use." Commissioner Kinnaman recused herself from discussion on the Kaneiolouma Heiau Complex 4 Commissioner Ventura asked for clarification that the Nukumoi Surf Shop property is actually the traditional and historic entrance to the complex and whether it would be significant to mention. Commissioner Childs stated that he felt it would be significant to mention, but noted that there were members of the public that felt that Nukumoi Surf Shop should stay open. He stated that he was told by the County Attorneys that the County is not in the business of leasing land, so if the parcel is purchased it is likely that they would end the lease. He stated that there are a lot of people for and against the acquisition. Commissioner Souza questioned the owner of the property. Ms. Sadora stated that Kahakai LLC is the listed owner of the parcel. Commissioner Ventura stated that the recommendation could be labeled "Kaneiolouma Heiau Complex Preservation Area Expansion (South)". Commissioner Souza stated that from the Commission's perspective, the Surf Shop is irrelevant to the discussion on whether the parcel is acquired or not. Commissioner Ventura noted that debate will have time to occur should the Council decide to take action. Commissioner Nakahara stated that he felt it would be controversial if the Council decides to pursue acquisition. He noted that the Nukumoi Surf Shop is a landmark in Po'ipu for people who enjoy the water. Commissioner Souza noted that the Commission is not against Nukumoi Surf Shop. Commissioner Childs suggested that the Commission remain neutral. Commissioner Ventura noted that the Council meetings are well publicized and televised so the debate will have public input opportunity. Commissioner Souza noted that this recommendation was brought to the Commission by the public and has been discussed for a while. Commissioner Childs noted that the Commission is essentially a voice for the public. Chair Figaroa suggested the following description: "This parcel is the historical entrance of the Kaneiolouma Heiau complex of Po'ipu which is significant to the island's culture since..." Commissioner Souza stated that the parcel goes further back than historical. She suggested "traditionally". 5 Commissioner Ventura stated that "historic" is a stronger word than "tradition" because traditions happen over a couple of generations. She suggested conveying the idea of pre-contact. She suggested that Commissioner Souza take time to work on the wording. Commissioner Kinnaman returned to the meeting. Commissioner Ventura suggested the following statement for the closing of the priority recommendations section. She stated that it currently reads "All three of these sites were recommended for acquisition in the 2010 report." She stated that the intent of that statement was to reinforce that they have been recommended two years in a row. She noted that someone who is not familiar might think that it is a typo that was supposed to be a closing statement. She suggested "These three sites comprise the Commission's 2011 priority recommendation and were also recommended for acquisition in 2010". Commissioner Nakahara agreed with Commissioner Ventura's closure for the three recommendations. Commissioner Childs questioned if it should be mentioned that no action was taken by the Council. Commissioner Ventura stated that in 2010 with the acquisition of the Hodge property at Black Pot the fund was substantially depleted so it is hard to say whether action could have been taken over the past year. Chair Figaroa stated that Commissioner Childs has a point and that if it is stated then it would give the current Council a heads up and a nudge. Commissioner Childs noted that Salt Pond Beach Park could be acquired for substantially less because it would be a transfer from the State to the County. He stated that it could have happened last year. Commissioner Souza noted that on page 9 under 4C, the dossier process is mentioned to help the Council adopt the Commission's recommendations. Commissioner Childs stated that the dossier doesn't have much to do with the annual report. Commissioner Souza stated that the dossier process was identified by the former Deputy County Attorney, who is now the Planning Director, as a way to help the Council to adopt some of the recommendations. Commissioner Childs stated that even if they state that the sites are being re- recommended, he didn't feel that it would be a jab to say that no action was taken, but it is the reason why it is being brought to their attention again. He also noted that there are new Council Members and he suggested adding "...because of continued public interest and no action being taken on the part of the Council." 6 Commissioner Ventura suggested a plea for action. Commissioner Childs stated that it should be mentioned that the Commission wants the Council to do something so that it is beneficial to the Kauai community. He stated that if nothing is ever done, then the annual meetings are pointless. Commissioner Ventura felt that it would be worth re-iterating that there is significant public interest in all three recommendations. She recommended "In light of the long standing and continued public interest in all three recommendations, we encourage the Council to consider actions toward acquisition." Commissioner Souza noted that the Commission heard from opposing sides on a few of the sites. She felt that stating that the Commission continues to re-iterate the importance implies that they take responsibility based on what they know and what they heard. She stated that the Commission also would like the Council to act on the other recommendations. Commissioner Childs stated that they are in priority order for a reason. He stated that the other recommendations require other things to be worked out. Commissioner Souza noted that there isn't sufficient funding to even acquire Piwai. Commissioner Ventura noted that the fund may be insufficient, but as with Black Pot, there were other sources of funding. She stated that the other recommendations are different. She stated that the priority recommendations would be ideally fee simple interest acquisitions. Commissioner Kinnaman stated that the Commission shouldn't try to figure out where the funds are going to come from. She stated that funding would also come from other sources. Commissioner Nakahara stated that aside from the Hodge property acquisition, no other acquisition was made. He stated that perhaps the dossier was a way to go if they can target recommendations that can be feasibly done. He stated that the Commission is looking for action to be taken on some of the recommendations that were made from the public. Commissioner Ventura stated that they are urging a call for action courteously and productively. Commissioner Nakahara stated that perhaps the newer Commissioners can attend the presentation of the report to Council to express their positive view points in terms of action being taken on the recommendations. 7 Commissioner Souza stated that under the 2011 Year in Review section, there could be a new Call to Action section. She stated that they are talking about new members, new energy, impatience, and frustrations in a public document. Commissioner Ventura stated that she liked the idea of including a call for action immediately after the recommendations. She stated that there is no harm as long as the Commission is courteous in re-iteration. Commissioner Souza questioned the location of the dossier transmittal. Ms. Sadora stated that she believed it was still with the Administration. The Commission agreed on the following for the priority recommendations on page 4: "These three sites comprise the Commission's 2011 Recommendations for Priority Acquisition and were also recommended for acquisition in the Commission's 2010 report. Because of continued public interest, the Commission urges the Council to take action towards acquisition." Commissioner Kinnaman recused herself from the discussion on Kaneiolouma. Regarding Kaneiolouma, Chair Figaroa suggested "This parcel is the historical entrance of the Kaneiolouma Heiau Complex of Po'ipu which has been significant to the island's culture since the 1400s." Commissioner Ventura agreed with the suggestion of including the idea of the entrance in the first sentence. She stated that the way it was worded in the second paragraph implies that it has been in continual use as the entrance. Commissioner Souza noted that the 1400s pre-dates "historical". Commissioner Childs questioned why "traditional" wouldn't work. Commissioner Ventura stated that "traditional" can also mean for the last couple of generations, but she felt that in the context of that sentence she felt it would be okay. The Commission agreed on the following: "This parcel is the traditional entrance of the Kaneiolouma Heiau Complex which has been significant to the island's culture since the 1400s." Chair Figaroa suggested editing the last sentence to: "An agreement between the County of Kaua'i and the Hui Malama O Kaneiolouma has been initiated to preserve religious, agricultural, and aquacultural preservation." He stated that perhaps there should be a paragraph explaining the vision of the Hui. 8 Commissioner Ventura suggested: "The Hui envisions an educational center at the Kaha Kai site." Commissioner Childs stated that it is beyond the Commission's scope to add what may or may not be done at the property. He stated that they are buying it to protect it for the island. Commissioner Souza suggested "The Open Space Fund may be used to complete the complex." Commissioner Childs stated that mentioning the Hui would imply that the property is being acquired for a specific group. Commissioner Ventura noted that the Hui is being mentioned in the context of public lands, but she agreed with striking the words in the draft. She noted that the Piwai site mentions the two off road clubs that are using the property. She noted that the Hui is also working with the Land Trust to help champion the acquisition. Regarding the "Other Recommendations" section, Commissioner Ventura suggested editing the 2nd sentence to highlight the action rather than the non-action. She suggested: "After further investigation in 2011, the Commission suggests the following strategies". Commissioner Childs stated that the properties have extenuating circumstances that exclude them from being purchasable at this time. Commissioner Ventura suggested: "After further investigation in 2011, the Commission recommends the County investigate the following strategies to support public access." She stated that the first section as revised is: "Two of the following recommendations were also a part of the Commission's recommendations for acquisition in its 2010 report." She recommended that the next sentence read: "After further investigation in 2011, the Commission recommends the County consider the following additional strategies to support public access." She stated that the strategy entitled "Restoration and Expansion of Shoreline Access" does not have any specific TMK or metes and bounds identified. Commissioner Souza stated that bringing together parties to discuss what it could be is a strategy that might result in more access. She noted that the Commission has submitted a dossier for the Council to consider but they haven't received it yet. She noted that they are still interested in the shoreline easement on the former Hoban property. She stated that the Commission is stating that there could be more discussion on the Lawa`i Kai to Port Allen. She stated that Kauapea is part of other public access issues that the Commission has been concerned about. She stated that it is appropriate to list them in "Other Recommendations" because the Ordinance that created the Commission states that they are to recommend to the Council how to use 9 the fund. She stated that the other recommendations don't deal with that so they are appropriate to be listed in this section. Regarding the Kukui`ula Bay through the former Hoban Property, Commissioner Souza suggested ending the paragraph with: "According to the Commission's staff, the transmittal is with the Administration." Commissioner Souza noted that the County was supposed to have taken action within 3 years from the Ordinance being enacted in 2004. Commissioner Ventura noted that when the years lapsed with no action, the funds went to the Department of Parks & Recreation. Commissioner Kinnaman suggested including the conditions for clarification. Commissioner Ventura suggested indenting paragraphs that were quoted from the 2010 report. Regarding Kauapea Beach Access and Other Unresolved Public Access Issues, Commissioner Childs suggested attaching the full list of accesses with unresolved issues. Commissioner Ventura suggested the ending statement "The Commission also re- iterates its long standing concerns about the following unresolved accesses." Chair Figaroa questioned if the purpose would be to re-introduce the list. Commissioner Ventura agreed that it would be a good idea to include the list of unresolved issues because people who have been following the issues don't have to wonder why only Kauapea was specified. She felt that it was appropriate to emphasize Kauapea because they have received a lot of public input about it and there were a number of surveys about Kauapea in 2010. Commissioner Souza stated that one advantage of including the list is so that they don't have to research it later. Ms. Sadora stated that Deputy County Attorney Jung provided his report on suggested wording for Kauapea. Commissioner Souza noted that the Summary of Public Input section is a summary of the surveys. Commissioner Ventura suggested that it should be a subsection under public survey. 10 Regarding the Amendment to Ordinance 812, Commissioner Ventura suggested beginning the paragraph with "On (date), at the Commission's request, the Mayor..." She noted that the Mayor transmitted it, but it originated with the Commission. Commissioner Childs noted that there should be a section 4D regarding Call for Action. He suggested: "The Commission unanimously agrees that action should be taken in some form. As a representative voice for the people of Kaua'i, we strongly believe that our time and the public's continued interest should not be wasted." He stated that he did not want to come across as demanding, but he wanted to be firm. Commissioner Ventura stated that one thing she learned from the Black Pot acquisition was that acquisitions require solutions that are multi-pronged. She stated that they might want to consider language that strongly encourages but also acknowledges that there needs to be many helping hands. She noted that the Hodge property acquisition occurred because the Land Trust was the champion and assembled the package that included additional money from the County, the Open Space Fund, Federal Money and State Legacy Lands money. Commissioner Souza stated that if the changes to Ordinance 812 are adopted, they wouldn't need to provide a report every year and it would provide more time to do other things. She suggested that because changes to Ordinance 812 is what they want, they should state their frustrations in a nice way and state that they are hearing a lot of interest to get things going. Commissioner Ventura stated that she liked ending with a call for action. She stated that if they can state something to the effect that if the Council passes the amendments, they are excited at the potential of being able to help find those solutions. Chair Figaroa stated that they would be thanking the Council and encouraging them to help the Commission to help them to do more. Under Amendment to Ordinance 812, Commissioner Ventura suggested amending the end of the first sentence of the second paragraph to include: "...expectations and frustration on the part of the public and the Commission." Regarding Commission Vacancies, Commissioner Ventura recommended stating that as of December, the Commission finally had eight appointment members. Commissioner Nakahara stated that the Commission would like to be able to select the ninth member with quorum instead of all eight commissioners appointed. Commissioner Kinnaman suggested adding "thus the amendments to Ordinance 812 is currently before the Council for consideration." Commissioner Ventura stated that the last sentence should be the first sentence. 11 Commissioner Souza agreed that the problem should be stated first. Commissioner Ventura noted that 6 meetings missed equates to 25% of their meetings. Commissioner Souza questioned who would be responsible for the "Call to Action" section. Commissioner Ventura stated that if Commissioner Childs would be able to get that language to Commissioner Souza, then they would be looking at final approval at the next meeting. Commissioner Souza requested the language be sent to her by Monday. Commissioner Childs stated that he would get the language to Commissioner Souza by Friday. Commissioner Ventura stated that she will not be able to attend either February meetings. MOTION: It was moved by Tessie Kinnaman and seconded by Johanna Ventura to defer the approval of the 12/19/11 and 1/12/12 meeting minutes to the next meeting. All were in favor by unanimous voice vote — motion passed. ADJOURNMENT MOTION: It was moved by Nathaniel Childs and seconded by Maurice Nakahara to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. The meeting adjourned at 4:30 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 12