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HomeMy WebLinkAbout2012-03-22 Open Space Commission Minutes COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION Lihue 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 Kauai was held on March 22, 2012, in the Lihue Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Joseph Figaroa, Chairperson, Maurice Nakahara, Vice Chairperson, Nathaniel Childs, Linda Dela Cruz, Tessie Kinnaman, and Jean Souza. The following Commissioners were excused: John Lydgate, Johanna Ventura and one (1) vacancy. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Ian Jung. CALL TO ORDER Chair Figaroa called the meeting to order at 1:15 p.m. APPROVAL OF AGENDA MOTION: It was moved by Maurice Nakahara and seconded by Linda Dela Cruz to approve the agenda. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES (Commissioner Souza arrived at the meeting at 1:16 p.m.) Minutes of the 2/23112 Meeting — Deferred. MOTION: It was moved by Tessie Kinnaman and seconded by Linda Dela Cruz to defer approval of the 2/23/12 meeting minutes. All were in favor by unanimous voice vote — motion passed. 1 The minutes of the 3/08/12 meeting were not available for distribution by staff. ANNOUNCEMENTS Commissioner Souza announced that she originally intended not to be held over at the end of her term in May but she stated that the Council directed her to remain during the 90 day holdover or until an appointment can be made. Commissioner Kinnaman stated that she is working on recommending a couple of applicants to the Council but she is willing to remain during the holdover until there is an appointment. There were no announcements from staff. RECEIPT OF ITEMS FOR THE RECORD There were no items to receive for the record from staff. 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 Hawaii 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 issue 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. Deputy County Attorney Jung had nothing to report on this agenda item. Update on proposed amendments to Ordinance 812. Ms. Sadora stated that the Commission received the floor amendments that were distributed at the Council's Planning Committee meeting. She stated that the Bill was referred to the full Council for action. Commissioner Souza stated that the changes are the same as what was discussed at the last Council Committee meeting two weeks ago. She stated that the Council amended the initial terms of commissioner appointments. She noted that the initial 2 terms were followed when the first commissioners were appointed six years ago and is no longer relevant so the Council felt that it should deleted. Commissioner Nakahara clarified that commissioners that are appointed now serve three year terms. Commissioner Kinnaman stated that it is covered in the previous section, 6-14.2 A. Commissioner Souza noted that the current wording covered the initial terms that were served many terms ago. She stated that the other change is from an annual report to a biennial report. She stated that the previous discussion on the possibility of a three or five year report did not come up at this last meeting. Commissioner Kinnaman stated that the next report would be submitted early in 2014. Commissioner Souza noted that the Bill was referred to the full Council for action. She stated that the Commission would solicit public input for the biennial list of priority projects. She stated that the Council has also proposed that the Commission submit annual updates on the accomplishments of the last year, the challenges, and future goals and recommendations that can also include any amendments to the list of priority projects. She clarified that the difference between the annual update report and the biennial list of priority projects is that the biennial list has to involve a public input component. She stated that the current change that the Council's Planning Committee approved is that the Commission would provide feedback on the Planning Department's implementation of priority recommendations. She stated that in a prior draft, the Commission stated that they would help to implement, but the Council wanted to keep the Commission's role separate from the staff's role. She stated that they can provide feedback on the Department's implementation. Chair Figaroa asked for clarification that the expectation would be that the Commission would be providing feedback on the implementation that has been happening from the Planning Department. Commissioner Souza stated that there are going to be different expectations since the Commission won't be required to do an annual public input process and staff can focus on implementation. She stated that in subsequent Council meetings, they are going to discuss the process in going from the annual report to implementation and how it can happen. She stated that rather than the Commission implement, they are to give feedback and direction to the Department on how to implement. She stated that some of the Council members are looking at staff to do more project coordination, meet with land owners, and assemble packaging to look for funding. Chair Figaroa questioned if the Commission would be more of an advisory Commission to the staff as well. 3 Deputy County Attorney Jung stated that staff is assigned to the Commission so the Commission would be providing feedback on the drafts. He stated that staff would be providing updates on where they are going and what they are doing and if the Commission provides insightful ideas they can be incorporated into the reports. Commissioner Souza stated that the suggestions were from individual Council members, so she did not know the extent on how it was shared among other Council members. She stated that they wanted to be sure that staff was fully concentrated on the Commission's work. She stated that the Council does not want the Commission to implement the recommendations because that is staff's job. She stated that a Council member will be introducing another amendment at a later date to possibly increase the amount allocated to the fund from the annual real property taxes from .5% to 1%. She stated that most of the discussion focused on sections C, D, and E on page 4. She stated that C states that the funds may be appropriated to another government agency or the private land owner or a non-profit to acquire an interest in the property. She stated that the Commission recommended it because the cost to acquire is so high that no one source has enough money. She stated that it clarifies that the fund can be used and given to another government agency that is putting the package together, a non- profit, or acquire it directly from a private owner. She stated that D states that lands or other property entitlements may be acquired and may be owned or held by the County, another government agency, or non-profit. She stated that it refers to the question that arose about who would own the conservation easement. She stated that it clarifies that only a government agency or non-profit would qualify. She stated that it is also consistent with the existing Chapter 198 of the Hawaii Revised Statutes that indicates that conservation easements can only be held by a government agency and a 501(c)3 non-profit organization. She stated that E states that lands or other property entitlements to be acquired may be managed by the County of Kauai or other government entity, private owner, or non-profit. Commissioner Nakahara questioned if it would be similar to Piwai, where the Motor Cross organizations would manage the property. Commissioner Souza noted that the non-profit has to be set up to manage the lands. Deputy County Attorney Jung stated that this would only be in the context of conservation easements. Commissioner Nakahara questioned the Kaneiolouma parcel. Commissioner Souza stated that Kaneiolouma is a stewardship agreement. She stated that a lot of non-profit organizations have different purposes. She stated that a qualifying non-profit organization has to have as its purpose to manage property in perpetuity. She stated that it would mostly pertain to land trusts. Commissioner Kinnaman stated that most land trusts are 501(c)3. 4 Commissioner Souza stated that there are different kinds of non-profits and for conservation easements the HRS states that any public body or any organization which qualifies for and holds an income tax exemption under section 501 (c)3 of the Federal Internal Code of Review and whose organizational purposes are designed to facilitate the purposes of this Chapter may acquire and hold conservation easements by purchase, donation, device or bequest but not by eminent domain. She stated that the State Laws together with the County laws need to be considered. It would need to be consistent with the purpose for which it was set up. Deputy County Attorney Jung stated that it would have to fall within the non-profit definition of HRS. Commissioner Souza stated that if there is a conservation easement, there has to be an agreement among all the parties on what is supposed to happen and what is allowed. She stated that whoever holds the easement needs to go on annual inspections and make sure that it is being managed in the right way. Deputy County Attorney Jung stated that this is only in the context of conservation easements. He stated that if they acquire the property in fee, meaning that the County owns the property outright and wants to enter into stewardship agreement that is different from conservation easements. He stated that a conservation easement is where a land owner is still the owner of the land, but the County purchases the rights which restricts what can be done on that portion of the land passing over as an easement area, and then the County or maybe another non-profit would be the owner and the management responsibility could be the County, the non-profit, or the private owner having obligations under that agreement through the easement document. He stated that stewardship agreements are different because the County already owns the land and is allowing a group to care and maintain the property versus conservation easements where rights are purchased to eliminate the possibility of development rights on that piece of property. He stated that both are viable. Commissioner Souza stated that the reason for specifying it this way is that it gives legitimacy to acquiring properties not just in fee but maybe with conservation easements. She stated that it provides more tools that the County can use to acquire lands so it may be cheaper, maybe more acreage can be acquired, and maybe more parcels. She questioned when the Bill would be before the full Council. Deputy County Attorney Jung stated that it is usually the following Wednesday but it would depend on if they can get the committee report done. Commissioner Souza stated that it would be good for commissioners to attend. Chair Figaroa stated that the problem is the item can be on the agenda for 9:00 a.m. but it may not be taken up until 4:00 p.m. or 5:00 p.m. He stated that volunteers' time should be considered. 5 Commissioner Souza questioned the reason that the Salary Commission was promised a certain time and were taken within '/2 hour of that time. She noted that she was there from 9:30 a.m. until the end of the meeting. Deputy County Attorney Jung stated that he was told they would be following the Prosecuting Attorney and then items started to be taken out of order. He stated that the Planning Committee was scheduled for 9:00 a.m. but was not taken up until 4:30 p.m. Commissioner Kinnaman stated that they would need to make a special request. Chair Figaroa stated that during the conference that he attended, the Mayor and Beth Tokioka stated that they value their volunteers. He suggested that volunteers should be taken up first. Deputy County Attorney Jung stated that he got in trouble for suggesting how the agenda should be, but he agreed that County business should be first and if commissioners take time out to be there, they should be taken up first. Chair Figaroa stated that his frustration was that he needed to leave the last Council meeting when KIUC's presentation was three hours. Commissioner Souza stated that she needed to work late that night to make up for the time she spent in Council. Chair Figaroa stated that if he is able to attend, he will. Deputy County Attorney Jung noted that 90% of the time, at second reading, there is not a lot of dialog. He stated that most of the dialog usually happens at committee level. Commissioner Souza felt that the Commission should be appreciative at the amount of time the Council is taking to understand the problems of the Commission. She stated that the Council realizes the other issues and are willing to spent time to come to an agreement. She stated that it would be good if she were not the only Commissioner attending. She stated that she felt is not good to only have staff presence because the Commission's perspective is different. Review and discussion on the Rules of Practice and Procedure of the County of Kauai, Public Access, Open Space & Natural Resources Preservation Fund Commission and policy on communications. Commissioner Souza suggested that the Commission comprehensively revisit the rules and procedures after the Council, the Commission, and the Department come to an agreement on what will happen and how. 6 Commissioner Kinnaman suggested keeping this item on the agenda so it is not forgotten. She stated that it can be deferred as they go along. MOTION: It was moved by Maurice Nakahara and seconded by Nathaniel Childs to defer this agenda item but keep it on the agenda. All were in favor by unanimous voice vote — motion passed. Update and discussion of the Commission's work plan/timeline of events and activities through 2012, to include future Commission education topics. Ms. Sadora suggested taking up the new business items first. MOTION: It was moved by Maurice Nakahara and seconded by Nathaniel Childs to defer this agenda item until the passing of the Ordinance 812 Bill. All were in favor by unanimous voice vote — motion passed. Commissioner Kinnaman questioned if staff worked on any of the site visits. Ms. Sadora stated that at the last meeting, the Commission decided to hold off on the field trip agenda item. Commissioner Souza stated that the Commission usually visits one part of the island at a time, but since she and Commissioner Kinnaman will be off the Commission soon, she felt they should do one long field trip. She stated that they could discuss the history and issues first and then follow up with a field trip from Kekaha to North Shore. Ms. Sadora stated that if the Commission was planning to do the site visits and have dialog, they may not be able to cover the whole island in one day. Commissioner Souza stated that if they do their presentation at a prior meeting, they wouldn't have to discuss as much during the site visits. She stated that if they dedicate the entire day, they can get it done. Otherwise, they would have to split it up and it would be more difficult for everyone to attend two days. Ms. Sadora stated that the last field trip went from 8:00 a.m. and they returned from the North Shore by 2:30 p.m. She stated that she felt they would be in traffic either way. She questioned if the Commission would like to wait until after the approval of the Ordinance amendments. She questioned possible dates. Chair Figaroa questioned when the Bill to amend Ordinance 812 would be before the Council. 7 Ms. Sadora stated that it will probably be on the next Council meeting agenda on the 28t". She stated that if the field trip is planned on a regular meeting day, then most Commissioners will already have that day available. Commissioner Nakahara stated that they will be voting on the recommendation for the 9t" member at the next meeting. Ms. Sadora stated that if the Commission votes to appoint the ninth member, they may be okay to have him sworn in at that meeting. She stated that April 26 would be available for the field trip and could include the new member. Commissioner Nakahara stated that he liked that idea. Commissioner Souza stated that she may need to attend a conference the week of April 26. Ms. Sadora stated that they could target April 9. Commissioner Souza stated that she and Commissioner Kinnaman should do a presentation at a prior meeting. She suggested targeting May 10 as the alternate date for the field trip. The Commission agreed on May 10 for the field trip. Ms. Sadora stated that she will need to plan the transportation. Commissioner Souza stated that not everyone has gone on a field trip and there is a lot to cover. She noted that if the scope of the Commission will be expanded, it would be good to cover as much as they can without being limited to a certain segment. Deputy County Attorney Jung stated that they could try to make it work but the time spent at each site would be very brief. He stated that they would not be able to discuss the sites until the meeting reconvenes, so if there is a lot to discuss, the meeting may run late. He stated that it would take at least 8 hours to go across the island with 10 minutes at each site. Commissioner Souza noted that they can talk to share information, but not to give the impression of decision making. She stated that if there is information to be shared from the public it needs to be shared with everybody. She stated that at the very least, they should visit Salt Pond, Kalaheo, Poipu, and Piwai. Deputy County Attorney Jung noted that if the Commissioners want to go on to the sites, they need to have rights-of-entry. He stated that they don't need a right-of-entry for Kaneiolouma because the County already owns the property. 8 Commissioner Childs stated that he would prefer to restrict the sites to the priority list. He stated that he would love to see Kauapea, but it would have to be a separate day. He stated that if he were driving by himself it would take 6 hours. Commissioner Souza stated that they should include the access to Alexander Dam. Deputy County Attorney Jung stated that if the Commission would like to discuss scoping for future projects then they can place that item on the agenda. Chair Figaroa questioned if the Commission is going to be sticking to the three priority sites. Commissioner Childs suggested sticking to the sites on the South and West side. Commissioner Souza stated that the farthest West they would go is Hanapepe, to the Salt Pond expansion area, the existing park, and the problems in that area. She stated that they can keep to public roads and parking lots. She stated that they can go to Kalaheo via Numila to view the Lawai Kai to Port Allen proposal. She stated that she was not sure if the bus would be able to stick to the public access road to the gate on the Alexander Dam road. She was not sure where would be a good place to view Piwai. Commissioner Kinnaman stated that they can park at the entry way across from Omao Road. Chair Figaroa questioned if the Commission has ever taken a helicopter to view the sites. Commissioner Kinnaman noted that it would take up the entire fund to charter a helicopter. Commissioner Souza noted that they will have information packets with maps and aerial photos. She stated that they should visit Kalaheo, and then Salt Pond, Lawai Kai through Numila, Hoban, Hoone Road, and Kaneiolouma. Commissioner Kinnaman noted that 4 commissioners have not yet seen Kaneiolouma. She stated that they could walk through quickly to look at the site. Commissioner Souza stated that they can pass by Waita, Alekoko, Coco Palms, and the property North of Otsuka's. She questioned if the Commission is still concerned about the Papaa Bay access. Deputy County Attorney Jung stated that there is access to Papaa Bay but it was at the direction of some fisherman. Commissioner Souza questioned if there is an area they can drive to. 9 Deputy County Attorney Jung stated that there is a parking lot where they would be able to see where the current access is located versus where some people want it. Commissioner Childs questioned stated that he thought they were going to focus on West and South. Commissioner Souza stated that they are just laying out all the sites for discussion and they can determine what's possible. Chair Figaroa felt that they could do the whole island. Commissioner Souza stated that members of the public testified to the Commission about Kaakaaniu and Larson's Beach. She stated that she did not want to spend a lot of time walking it. Commissioner Nakahara stated that the only access is the steep access. Deputy County Attorney Jung stated that there are two accesses for Larson's Beach. He stated that the easement the County just got is not that steep. Commissioner Souza questioned if the Commission wants to walk part of Larson's Beach. She stated that it may have to be a separate field trip because it is complicated. Deputy County Attorney Jung stated that it could be quick. He stated that he could point out the accesses from the parking lot. Commissioner Souza stated that they would have to walk down from the parking lot. Deputy County Attorney Jung stated that you would walk down about 50 yards to where the trails branch. Commissioner Souza stated that she was not sure where the problem was at Secret Beach. Deputy County Attorney Jung stated that you can't get a good visual from Kauapea Road. He stated that during the last site visit he was on they went down the existing Western access and walked the beach. He stated that they can look at where the access was and then drive around Kalihiwai Road to where the existing access is. Commissioner Souza stated that the last stop would be the Hodge property. She questioned how much the Commission wants to see that day. She noted that the meeting would formally open at the Moikeha meeting room, then recess to go on the field trip, and then reconvene the meeting. Commissioner Dela Cruz questioned why Coco Palms was on the list. 10 Commissioner Souza stated that she included some other sites that were at one time on the list of recommendations; Waita, Menehune Fish Pond, Coco Palms, and Papaa Bay for access. She stated that the Commission received public testimony regarding Larson's Beach and they deferred to the County and the administration. She stated that the land immediately North of Otsuka's was proposed for acquisition so that it can be incorporated into the bike path. Commissioner Childs stated that the Commission should decide on the larger matter if they want to go to the North and West or just some of the island. He noted that there is still a lot to cover on the agenda. Commissioner Souza clarified that the question would be whether or not the Commission would want to visit Salt Pond all the way to Hanalei. Chair Figaroa questioned who would be interested in visiting the entire island from Salt Pond to Hanalei. Motion: It was moved by Nathaniel Childs and seconded by Linda Dela Cruz to vote on visiting the entire island from Salt Pond to Hanalei. In Favor of entire island: (3) Maurice Nakahara, Joseph Figaroa, Jean Souza Opposed: (3) Nathaniel Childs, Linda Dela Cruz, Tessie Kinnaman Split vote: motion did NOT carry Commissioner Souza questioned the reason for not wanting to visit the entire island. Commissioner Childs stated that he would rather take time to view the properties. He noted that he has never been to Piwai. He stated that he did not want to spend the whole 8 hours in a bus driving the entire island. He stated that he would rather see all of the key properties in half of the island, and take another day to do the second half. Commissioner Souza stated that she was interested in a blitz and then if Commissioners wanted more details, it would be separate. She questioned if some Commissioners want to spend more than 5 minutes at each site. Commissioner Childs stated that he would rather have depth instead of a blitz. Commissioner Dela Cruz stated that she has not been on any of the other field trips. She agreed that their main focus should be the priorities on the list and they can always do the other recommendations later. Commissioner Kinnaman stated that if they limited the field trip to the South and West side, they would be able to concentrate on the priorities. 11 Commissioner Dela Cruz noted that everyone would need to meet in Lihue and then recess for the field trip. She noted that it would take almost a full 8 hours. Commissioner Kinnaman noted that Commissioners can still work on a North and East side visit for the second half of the biennial period. She noted that although she visited the North shore twice, she had forgotten the sites they visited the first time. Commissioner Childs noted that Commissioners can visit the North Shore sites on their own. Commissioner Souza disagreed. She stated that some of the sites are complicated and some of the sites are subtle. Motion: It was moved by Tessie Kinnaman and seconded by Nathaniel Childs to just visit the South and West side sites. In favor: (4) Linda Dela Cruz, Nathaniel Childs, Tessie Kinnaman, Jean Souza Opposed: (2) Joseph Figaroa, Maurice Nakahara Split Vote: motion NOT passed. MOTION: It was moved by Maurice Nakahara and seconded by Nathaniel Childs to place the field trip on the agenda for the next meeting and to make a decision at the April 12 meeting. All were in favor by unanimous roll call vote — motion passed. Commissioner Nakahara questioned if the staff would have sufficient time to make arrangements if the field trip were on May 10. Ms. Sadora stated that she will check on transportation. She stated that paperwork would depend upon the sites. Deputy County Attorney Jung stated that if the Commission wants to do a blitz they may not need rights-of-entry. He stated that if they want to stop and look around, they would need to rights-of-entry. He stated that they could possibly make the arrangements in two weeks, but it would depend upon getting responses from land owners. Commissioner Childs stated that the Commission is already in agreement on the three priority sites on the West and South side so the staff can already be working on rights- of-entry for Piwai and Lawai Kai. Commissioner Souza stated that if they are unable to get permission from the Piwai land owner, she suggested speaking with Jennifer Luck because they went onto an adjacent property to look at Piwai. Deputy County Attorney Jung stated that Waita may be a problem. 12 Commissioner Souza stated that based on the discussion, Alekoko, Coco Palms and Waita would be off the list of sites. NEW BUSINESS Update and discussion on the status of the 2011 Report to the Kauai County Council and the Mayor. Chair Figaroa turned the meeting over to Vice Chair Nakahara at 3:25 p.m. Commissioner Souza stated that at the last meeting, staff mentioned that the Planning Director requested more information in the executive summary section of the report. She felt that it would be inconsistent with the tone of the executive summary if they went into more detail, so she suggested that it remain as it is. She stated that the reports are on hold at the printers because Councilmember Yukimura mentioned that one of the sites on the priority acquisition list for 2010 is currently in escrow. She stated that the property is adjacent to Poipu Beach Park next to the Waiohai. She noted that the property was not mentioned in the public input for 2011, so it was not adopted in the priority acquisition list for 2011. Deputy County Attorney Jung stated that a transaction is ongoing. He stated that if it becomes a priority project, they will engage the new owner to see if they are willing to sell. He stated that Councilmember Yukimura's concern was that it should be taken up immediately, but he stated that since it is in escrow, his concern was there could be an argument of interference of contract. He stated that if there is an interest, then they will engage the new owner. Commissioner Souza noted that this is the last piece of undeveloped land in the Poipu Beach Park area makai of the road. She stated that if the Commission would like, they can amend the report to include that site on the priority acquisition list. She stated that the reason she thinks it may be worth considering is because the County Council might accept and approve action on the priority acquisition list which would mean that the Planning Department can put packages together. She stated that if it were not on the list and the Commission would like to see action on it, they would need to go through a later process that would take more time. She felt that by holding the printing until the Commission met, they could decide on amending the report. Commissioner Childs questioned what order it would fall under on the priority acquisition list. Commissioner Souza stated that she is open. 13 Commissioner Nakahara questioned the advantage or disadvantage of adding a recommendation by request of a Council member after the Commission has already made their recommendations. Deputy County Attorney Jung stated that it would be up to the Commission. He stated that the Council ultimately has to take action to appropriate the use of the fund. He stated that Council member Yukimura could try to do that now with enough votes. He stated that the Commission could include it in the current report and it wouldn't necessarily need to be part of the public process. Commissioner Kinnaman stated that she would prefer to put the request in a dossier form. She stated that since it is in escrow they can't do much until that process is done. Commissioner Childs stated that he doesn't mind one way or the other. He stated that if the Council is interested, they can act on it. He stated that all he cares about is acquiring land for the people. He stated that it is a nice piece of land that would be a great addition to the beach park. Commissioner Souza stated that when the Commission discussed the dossier process, it was reserved for projects that were on the priority acquisition list. Deputy County Attorney Jung stated that the Commission can consider a dossier since it was on the list in the past. Commissioner Souza questioned the options for the Planning Department without action by the Commission. Deputy County Attorney Jung stated that the Planning Department does not take formal action. He stated that it is the Council that takes ultimate action. He stated that the Commission can request that staff to look into it and prepare appraisals or the Council can request that the Administration look into it. He stated that if a Councilmember were interested in a property they could appropriate the funds and request that the County Attorney's office process the transactions. He stated that it would be a policy call for the Commission. MOTION: It was moved by Jean Souza and seconded by Nathaniel Childs to amend the final report to include in the priority acquisition list Poipu Beach Park Expansion West at 2179 Hoone Road, Koloa District. Ayes: (2) Linda Dela Cruz, Jean Souza Nos. (1) Tessie Kinnaman Abstain: (2) Nathaniel Childs, Maurice Nakahara Split Vote: motion NOT passed Commissioner Souza stated that the printing will resume as is. 14 Update and discussion on status of acquisition plan for a portion of TMK (4) 2-6- 003:017 (previously listed as Former Hoban Property) to obtain a pedestrian public beach access easement to Kukuiula Bay. Ms. Sadora stated that she and Deputy County Attorney Jung assembled a plan and it is before the Planning Director to review and approve. She stated that they will be meeting to go over the outline and the plan process. Vice Chair Nakahara requested feedback at the next meeting. Deputy County Attorney Jung stated that they came up with a model and will update the Commission at the next meeting. Commissioner Souza requested receipt of any materials prior to the meeting. MOTION: It was moved by Nathaniel Childs and seconded by Linda Dela Cruz to defer this agenda item to the next meeting. All were in favor by unanimous voice vote — motion passed. Appointment of the Commission-appointed, at-large, ninth member of the Public Access, Open Space, & Natural Resources Preservation Fund commission. • Report from Commission's investigative committee regarding recommendation for selection and appointment. Vice Chair Nakahara stated that staff circulated the report from the investigative committee regarding their recommendation for the ninth commissioner. Commissioner Kinnaman stated that the investigative committee members spoke by phone and approved the recommendation for the applicant. Vice Chair Nakahara stated that the applicant would be available at the next meeting to answer any questions or concerns the Commission may have and could possibly be approved at that meeting. Commissioner Kinnaman stated that the investigative team recommends Pat Gegen to serve as the ninth member of the Open Space Commission. Commissioner Souza noted that he is running for KIUC Board of Directors. Vice Chair Nakahara questioned if all eight members need to be present to affirm the ninth member. 15 Ms. Sadora stated that eight members need to be seated not necessarily present as long as there is a quorum. Commissioner Kinnaman noted that this item will be on the next agenda for action. MOTION: It was moved by Tessie Kinnaman and seconded by Nathaniel Childs to receive the report from the Commission's investigative committee regarding recommendation for selection and appointment of the Commission-appointed, at- large, ninth member. All were in favor by unanimous voice vote — motion passed. Commissioner Souza questioned if the process involved an interview with the applicant. Commissioner Kinnaman stated that she knows of the applicant and Commissioner Ventura is familiar with him Deputy County Attorney Jung stated that Mr. Gegen is going to be available at the next meeting to answer questions. Ms. Sadora stated that if the Commission decides to appoint him, he could be sworn in on the same day. Commissioner Souza stated that she has no knowledge of his qualifications or skills or his understanding of open space and public access. Deputy County Attorney Jung stated that they will have their chance to interview him at the next meeting. He noted that there was only one application that was submitted so the investigative team was limited in who they were going to recommend. He stated that appointing him would be up to the Commission after he is interviewed. Commissioner Kinnaman stated that the communication from Commissioner Ventura is that Mr. Gegen knows that the Commission will be discussing his recommendation on April 12 and he has expressed his willingness to answer any questions the Commission may have prior to making a decision. Commissioner Souza stated that the Commission is on the verge of being assigned more responsibility. She stated that the Commission should be looking at what other skill sets are needed as a body. She understood the frustration about only having received one application. She stated that the newspaper only printed the second press release so there was a problem in getting the word out. Vice Chair Nakahara stated that the bottom line is that there are not a lot of people willing to voluntarily donate their time. He stated that if he wasn't retired, he would not be on the Commission. He stated that he appreciated Commissioner Souza's questions 16 and concerns regarding the future. He stated that he wished that she and Commissioner Kinnaman were serving a few more years. UNFINISHED BUSINESS (Continued) Update and discussion of the Commission's work plan/timeline of events and activities through 2012, to include future Commission education topics (Continued). Vice Chair Nakahara sated that field trips are not that simple to arrange. He stated that if the Commission wants to do half of the island now and half at a later date, he didn't know when the 2nd field trip would occur. He stated that if the Commission did not want to do the whole island in one day, he would like to see the recommended sites although they probably wouldn't be able to reach Kauapea. Commissioner Childs stated that they could visit the priority recommendations on the South and West side. He stated that the priorities were Salt Pond, Piwai and Kaneiolouma. He stated that since they are already on the South side, they could visit some others as well and they should be able to spend time at each of the sites. Commissioner Dela Cruz stated that she wants to focus on the sites where they are trying to accomplish something. She stated that other areas are going to be passed anyway, but they should spend time at Salt Pond, Piwai and Kaneiolouma. Commissioner Kinnaman questioned how many sites on the list were unresolved issues on the North shore. Deputy County Attorney Jung noted that this agenda item was deferred until the next meeting. Commissioner Souza stated that she would be willing to take the time now if the Commission can come to a decision so that staff would have two more weeks to prepare. MOTION: It was moved by Nathaniel Childs and seconded by Jean Souza to reconsider the deferral of agenda item VI D. All were in favor by unanimous voice vote — motion passed. Deputy County Attorney Jung stated that they would also have to go back to the main motion on the deferment and kill the deferment motion. 17 MOTION: It was moved by Nathaniel Childs and seconded by Jean Souza to defer this agenda item. All were opposed by roll call vote — deferral not approved. Deputy County Attorney Jung stated that the Commission should technically make a motion to discuss the agenda item again. MOTION: It was moved by Nathaniel Childs and seconded by Tessie Kinnaman to discuss agenda item VI D. All were in favor by unanimous voice vote — motion passed. Commissioner Souza stated that she understood where the other commissioners were coming from in wanting to spend more time at each of the recommendations. She suggested circling the sites where the Commission would like to spend time and also indicate the sites that they will be driving by. She stated that if the Commission's roles are expanded they would be able to look at unresolved issues and possible public access violations for staff to investigate. Commissioner Childs stated that they can discuss the specifics again at the next meeting. MOTION: It was moved by Nathaniel Childs and seconded by Tessie Kinnaman to limit the field trip to the South and West side with the focus on the three priority recommendations and any subsequent sites between Lihue and Hanapepe. All were in favor by unanimous roll call vote — motion passed. Vice Chair Nakahara stated that the field trip will be to the South and West side and will be tentatively set for May 10. Deputy County Attorney Jung questioned which properties the Commission would actually be walking on so staff can arrange rights-of-entry. Commissioner Childs stated that they would like to see Lawai Kai, Salt Pond, and Piwai. Commissioner Kinnaman requested that the Commission stop at the access to Kukuiula through the former Hoban property. She stated that they could walk from the ocean side unless they have permission to walk the property from the management company. Vice Chair Nakahara stated that he wouldn't mind walking the shoreline. 18 Deputy County Attorney Jung stated that they could walk along the shoreline from Kukuiula Bay. He stated that he would contact the coffee company to enter Lawai Kai and noted that they may need to complete permission forms and waivers. Vice Chair Nakahara questioned if the bus will be able to access the road to Lawai Kai. Deputy County Attorney Jung stated that they will have to check with the Transportation Agency if the bus can access the route. Commissioner Childs questioned the potential access violation that Commissioner Souza mentioned. Commissioner Souza stated that it may have to be discussed in executive session. Deputy County Attorney Jung stated that they would decide if it would need to be listed as an executive session item on the next agenda. Commissioner Souza noted that the list may be expanded. Vice Chair Nakahara stated that they will continue the field trip discussion on the next agenda to verify arrangements. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Vice Chair stated that the next meeting would be on April 12. Commissioner Kinnaman requested that all new business items continue as old business on the next agenda. Vice Chair Nakahara requested a report update on the access through the former Hoban property. 19 ADJOURNMENT MOTION: It was moved by Jean Souza and seconded by Nathaniel Childs to adjourn the meeting. Ayes: 4 Nos: 0 Abstain: (1) Tessie Kinnaman Meeting Adjourned at 4:05 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 20