HomeMy WebLinkAbout2012-04-12 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
April 12, 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,
John Lydgate, Jean Souza, and Johanna Ventura.
The following Commissioners were excused: 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 1:05 p.m.
APPROVAL OF AGENDA
Commissioner Ventura suggested amending the agenda to take new business item VI F
out of order to accommodate Patrick Gegen who was available in the audience for
questioning.
MOTION:
It was moved by Johanna Ventura and seconded by Nathaniel Childs to
approve the agenda as amended.
All were in favor by unanimous roll call vote — motion passed.
UNFINISHED BUSINESS
Appointment of the Commission-appointed, at-large, ninth member of the Public
Access, Open Space, & Natural Resources Preservation Fund commission.
Mr. Gegen stated that he would like to become a member of the Open Space
Commission and that he would be happy to answer any questions.
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Commissioner Ventura stated that the composition of the Commission is four Mayor
appointed, four Council appointed, and one member who is selected by the
Commission. He stated that the Commission has experienced constraints in selecting
the ninth member because they first need to have all of the other seats filled. She
stated that with the most recent appointments, the Chair appointed her, himself and
Commissioner Kinnaman to facilitate a process that included two press releases. She
stated that the public was invited to submit applications and the investigative team put
forth a report that was submitted for the Commission's review at the last meeting. She
stated that the purpose of the agenda item today is to discuss the recommendation that
the Commission affirm the appointment of Mr. Gegen. She suggested that Mr. Gegen
discuss his prior involvement in community projects on the island.
Mr. Gegen stated that he originally came to Kauai 20 years ago and was a counselor at
Kapaa Elementary School. He stated that his background is a political science major
and psychology minor. He stated that 3 years after Hurricane Iniki he moved back to
the mainland for 10 years and then had the opportunity to move back to the islands 4
year ago. He stated that he became the Kalaheo School PTSA President and will be
resigning the position this year. He stated that he has been a soccer coach for 16 years
and has been involved with many issues in front of the County Council. He stated that
he was recently elected to the KIUC Board of Directors and is on the Department of
Transportation's regional long range transportation plan community advocacy group.
He stated that he is involved in energy and solid waste issues and is Chair of Zero
Waste Kauai.
Commissioner Souza questioned Mr. Gegen's motivation for applying to be on the Open
Space Commission and his specific qualifications.
Mr. Gegen stated that his motivation is the sense of place, the beauty, and the
opportunities the island has. He stated that he would like to see what they can do to
expand those resources and make sure that they are preserved for his children, his
grandchildren, and others. He sees the Commission as an excellent opportunity to try
to preserve some of those spaces for future generations to enjoy and receive the same
value that he has been purvey to. He stated that he has been all around the island, but
he stated that he does not have a planning background other than being an avid
outdoorsman who enjoys hiking and spending time in the water.
Chair Figaroa questioned how Mr. Gegen heard about the vacancy.
Mr. Gegen stated that he heard about the vacancy through the notices. He stated that
he has been aware of the Commission for the past couple of years because of his
involvement with the County Council and seeing where some of the property taxes go
and with the acquisition of Black Pot.
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Commissioner Kinnaman clarified that the Commission meets twice a month every 2nd
and 4th Thursday and questioned if Mr. Gegen is aware that he may be required to
recuse himself at times on certain issues.
Mr. Gegen stated that he is aware of the meeting schedule and that he may need to
recuse himself on certain issues.
(Commissioners Nakahara and Dela Cruz joined the meeting at 1:15 p.m.)
Chair Figaroa stated that Mr. Gegen has an extensive background. He questioned what
qualities he would be able to present that would be an asset to the Commission.
Mr. Gegen stated that he would be able to provide a different perspective having been
here 20 years ago, leaving, and then coming back, seeing what has been done in some
other places, and his perspective as another person who loves the island, has children
and grandchildren, and wants to see everything preserved for them and future
generations.
Commissioner Nakahara introduced himself and stated that he understood that Mr.
Gegen is also on the Board for KIUC.
Mr. Gegen stated that he was recently elected and is looking forward to seeing what
progress they can make.
Commissioner Ventura stated that she did not know Mr. Gegen prior to his campaign for
KIUC Board of Directors, but had the pleasure of interacting with him at one of the KIUC
forums that she helped with. She stated that she was impressed that Mr. Gegen was
very mindful during his campaign that he would be representing a constituency and not
necessarily his own opinions, and she stated that some of the answers he shared
reflected that perspective. She stated that it is also a role the commissioners play in
putting forth views of constituents, so she believed it is a strength that he will bring to
the Commission. She questioned if they are able to put forth a motion and if the motion
should come from someone outside of the investigative team.
Deputy County Attorney Jung stated that the agenda item states appointment of the
Commission-appointed, ninth member. He stated that the Commission accepted the
investigative team's report so anyone can make the motion, except the Chair.
MOTION:
It was moved by Johanna Ventura and seconded by Tessie Kinnaman to
appoint Patrick Gegen as the Commission-appointed ninth member.
Ayes: (7) Johanna Ventura, Linda Dela Cruz, Nathaniel Childs, Joseph Figaroa,
Maurice Nakahara, Tessie Kinnaman, John Lydgate
Nos: (0)
Abstain: (1) Jean Souza
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Motion passed.
APPROVAL OF MEETING MINUTES
Minutes of the 2/23/12 Meeting —Approved.
MOTION:
It was moved by Tessie Kinnaman and seconded by Maurice Nakahara to
approve the minutes of the 2/23/12 meeting.
All were in favor by unanimous roll call vote — motion passed.
Minutes of the 3/08/12 Meeting —Approved.
Commissioner Kinnaman requested a correction to the bottom of page 15 from "a
concrete easement" to "an underground, circular, concrete drainage easement".
Commissioner Lydgate requested a clarification to the 4t" sentence from the bottom on
page 8: "She stated that performance is the key."
Deputy County Attorney Jung stated that it refers to the performance of the terms of the
easement. He stated that under conservation easements, there are conditions within
the agreement and they need to perform on those conditions.
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MOTION:
It was moved by Tessie Kinnaman and seconded by Nathaniel Childs to
approve the minutes of the 3/08/12 meeting.
All were in favor by unanimous roll call vote — motion passed.
Minutes of the 3/22/12 Meeting — Deferred.
The minutes of the March 22, 2012 meeting were not available for distribution by staff.
MOTION:
It was moved by Tessie Kinnaman and seconded by Jean Souza to defer
approval of the 3/22/12 meeting minutes.
All were in favor by unanimous roll call vote — motion passed.
ANNOUNCEMENTS
Ms. Sadora announced that the Planning Department will be hosting a booth at the
annual Contractor's Association of Kauai home show presented by First Hawaiian Bank
on Friday and Saturday, April 20 and April 21. She stated that the Commission is
invited to participate in sharing information about the program. She stated that
someone from the Planning Department staff will be in the booth at all times. She
stated that the time would be from 2:30 p.m. to 9:00 p.m. on Friday, April 20 and from
9:00 a.m. to 2:30 p.m. on Saturday, April 21.
Commissioner Souza questioned the expectation for inviting the Open Space
Commission.
Ms. Sadora stated that the Planning Department showcases the different divisions. She
stated that she may have black and white copies of the 2011 report available for
display.
Commissioner Souza stated that she felt it was a good to have the opportunity, but she
was not necessarily convinced that it was the right venue for the Commission to have a
presence. She suggested that there might be other events that may be more
appropriate for the Open Space Commission. She suggested having a single page
handout with a link to the report.
Ms. Sadora stated that when they hosted the conservation easement workshop they
created a handout that provided an explanation of the Commission's function. She
stated that they could use that handout.
Commissioner Lydgate stated that he has attended in the past and has always enjoyed
the home improvement expos. He stated that they are educational and constructive
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and he felt that it was a useful tool as a former Historic Preservation Review
Commissioner.
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 no updates on this agenda item.
Update on proposed amendments to Ordinance 812.
Ms. Sadora stated that the Bill passed the Council and it was circulated to the Mayor's
office for signature. She stated that once it is signed she will receive a copy of the
document.
Commissioner Souza stated that it passed the Council on the day after the island-wide
blackout.
Commissioner Ventura requested that the Commissioners received copies of the
executed document.
Deputy County Attorney Jung verified that the Bill was signed by the Mayor.
Commissioner Souza stated that it is quite an achievement.
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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 Ventura suggested that it would be useful to have some kind of tracking
system to extract information that requires follow-up from meetings. She stated that
Commissioners may request that staff follow up on something or make a decision that
involves action on behalf of the Chair. She stated that aside from reviewing the minutes
and remembering, she suggested that it might be beneficial to have a list of action items
that could be posted at each meeting when there is a request or decision for action,
then at the next meeting they would be reminded that they were waiting to hear back on
those items.
Chair Figaroa stated that it was a good suggestion.
Deputy County Attorney Jung stated that he needed to attend a meeting from 1:45 p.m.
to 2:30 p.m.
Ms. Sadora stated that she had created a detailed spreadsheet when the Commission
first discussed a work plan. She stated that she could convert it to a working document
for the Commission to use as an action item.
Chair Figaroa stated that if the Commission would like to refer to a previous discussion,
they could request an update from staff.
Ms. Sadora stated that it could be detailed or it can reference where more details can
be found. She stated that it can grow however the Commission would like.
Commissioner Ventura stated that a historical record with more details would be a good
tool, but she could see that printing it out at each meeting may be cumbersome. She
stated that she was thinking of something that was bulleted so they can track things
until they are completed and then it can be crossed off. She suggested trying both
methods; having a detailed record, but also something that is saved and that can be
added to or crossed off at meetings. She stated that it is also useful for Commissioners
who may have missed meetings to provide a snapshot of some of the actions that were
taken or pending.
Chair Figaroa stated that it would be like a tab sheet.
Commissioner Ventura stated that it would be like a task list, but a task list that shares
who would be responsible for them.
Commissioner Kinnaman stated that at the February 23 meeting, they had the field trip,
the survey, Commission education with HRS enforcement listed on a sheet. She
suggested those items be added to the list. She stated that a few years ago there was
a running list of an action plan.
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Ms. Sadora stated that this action plan would be anything that needs follow up as a
result of a meeting. She stated that the action plan Commissioner Kinnaman is
mentioning was a timeline by month.
Commissioner Kinnaman stated that they have two different plans going.
Commissioner Ventura stated that they can start to use them both. She stated that she
accepted kuleana to do things for the Commission in the past and she sometimes forgot
to do things until she read the minutes. She stated that staff is in a delicate role
because the Commissioners are volunteers and for staff to be in the position to remind
the Commissioners of things they said they would do may be comfortable to do. She
suggested that a list might help to keep each other accountable. She stated that if she
says she is going to do something at a meeting, it would be written down and also staff
could send an email as a courtesy reminder. She stated that Commissioners would
help each other to be accountable and to move the work forward.
Chair Figaroa questioned if it would be more efficient to do it on a case by case basis.
Commissioner Souza stated that they need a running list.
Commissioner Ventura stated that they need a running list and an acceptance of a
procedure that says that staff will send a reminder. She stated that they should identify
their preferred method of communication for staff to send a courtesy reminder following
every meeting regarding pending tasks so that if someone loses their notes or if they
get sick there would be a reminder and it would legitimize staff to follow the procedure.
Commissioner Souza suggested that it may be appropriate to form a task group to
review the current rules of practices and look at the new responsibilities, then see how
to improve the rules and practices and bring recommendations back for consideration
by the whole Commission.
Commissioner Ventura stated that it would be a good idea. She stated that she would
ideally like to see some contingency actions. She agreed that the roles would be
expanded. She stated that she would also like to see the task list.
Commissioner Souza stated that they can establish a task now.
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MOTION:
It was moved by Johanna Ventura and seconded by John Lydgate that
effective immediately, the Commission create a running task list to be posted at
Commission meetings which will be added to and updated at each Commission
meeting according to agenda items, and authorize staff to make courtesy
reminders to Commissioners who have accepted responsibility for the completion
of a task following the meeting using that Commissioner's preferred method of
communication.
All were favor by unanimous roll call vote — Motion passed.
Commissioner Ventura clarified that Commissioner Souza suggested that an
investigative team review all of the rules of practices and procedures of the Commission
and its policy on communications. She questioned which Commissioners would
consider serving on the investigative team.
Commissioner Lydgate stated that it would place a big administrative burden on the
staff. He questioned if the staff would be willing to do it. He stated that the archive is
there, but they would be sifting a to-do list for action.
Commissioner Ventura stated that she envisioned sifting out the task list as tasks are
identified. She stated that the burden on staff would be to send a reminder via email or
phone call to commissioners who agreed to accept responsibility for the completion of a
task.
Ms. Sadora stated that it would be fine.
Chair Figaroa questioned which commissioners would be willing to serve on the task
group.
Commissioners Lydgate, Ventura and Souza volunteered to be on the task group.
Commissioner Ventura noted that there would be a new commissioner being sworn in at
the next meeting. She suggested that if they keep the agenda item, he could join the
task group at the next meeting.
Chair Figaroa appointed Commissioners Lydgate, Souza and Ventura to the task group
with the possibility of Commissioner Gegen.
Commissioner Ventura suggested that the scope of the investigative team be clarified to
review the current rules of practices and procedures of the County of Kauai, Public
Access, Open Space, & Natural Resources Preservation Fund Commission and its
policy on communications for the purpose of making recommendations for revisions to
the Commission.
Chair Figaroa agreed on the suggested scope of the investigative team.
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Commissioner Souza questioned the Chair of the committee.
Commissioner Ventura suggested that the Chair appoint a Chair of the committee. She
stated that she would be willing to serve as the team leader as long as there is no
deliverable by the next meeting.
Chair Figaroa appointed Commissioner Ventura the Chair of the investigative
committee.
Update and discussion of the Commission's work plan/timeline of events and
activities through 2012, to include future Commission education topics.
There were no updates on this agenda item.
Update and discussion on the status of the 2011 Report to the Kauai County
Council and the Mayor.
Ms. Sadora stated that Commissioners should have received a copy of the 2011 Report
in the mail and the reports have been sent to all County Department heads and the
Council. She stated that Council Services will be advising staff of the presentation date
as soon as it is determined. She noted that the Council is currently in budget meetings
until the end of April.
Commissioner Souza stated they should discuss the presentation to the Council. She
noted that in the past they did a brief PowerPoint presentation and the Commission
assigned who would be presenting and answering questions. She stated that during
one presentation, each Commissioner in attendance had a speaking role. She stated
that they also presented the report with just a couple of speakers who were appointed.
She stated that they need to organize before they receive notice that they are on the
agenda.
Chair Figaroa asked for volunteers to present or answer questions. He stated that he is
willing to present, but would feel more comfortable if someone who has been on the
Commission longer answer questions.
Commissioner Souza stated that since the report is primarily a repeat of last year, they
can tweak the same presentation from last year.
Commissioner Ventura questioned the amount of time that was allotted for the
presentation including questions and answers.
Commissioner Kinnaman stated that they were allotted approximately 40 minutes.
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Commissioner Souza stated that they deliberately kept the presentation short, but the
Council was engaged.
Commissioner Kinnaman stated that the questions and answers took longer than the
presentation.
Commissioner Ventura stated that since there are a number of commissioners who
have not participated in a Council presentation in the past, she suggested that they
receive the video of last year's presentation. She noted that it may be intimidating to
answer questions that they are expected to answer on behalf of the Commission. She
recalled that Commissioner Souza represented the Commission well. She stated that if
the presentation is not scheduled until after Commissioner Souza's 90 day holdover, it
may be helpful for others to get a glimpse of what the process felt like or looked like.
Chair Figaroa stated that he can retrieve Hoike videos if they provide the date of the
presentation.
Commissioner Lydgate stated that it would be useful to see the past presentation.
Commissioner Nakahara questioned stated it is necessary to present to the Council
each publication of the report. He stated that Council member Nakamura stated that no
other Commission provides an annual report.
Commissioner Souza stated that Councilwoman Nakamura's statement was positive in
that other commissions could use the Open Space Commission's actions as an
example. She noted that the Open Space Commission is specifically created to provide
recommendations to the County Council and the Mayor, so it is the Commission's
obligation. She stated that they are trying to get the Council to take action on their
recommendations. She requested that staff retrieve the PowerPoint presentation from
last year for the Commission to review.
Commissioner Ventura stated that if Hoike has a digital archive, then she would prefer
the link.
Chair Figaroa requested that staff email him the date of the presentation and he will
check if Hoike has a link. He stated that the Commissioners who do not have internet
access can let staff know so that he will know how many copies of the videos he will
need to bring to the next meeting.
Ms. Sadora stated that the presentation may be archived on the County website. She
stated that she will check if it is still available.
Chair Figaroa requested the information by Friday afternoon.
Commissioner Souza stated that she believed the presentation was on April 6, 2011 .
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Ms. Sadora verified with Council Services that the Council has received the
Commission's report. She stated that the presentation is scheduled on the Council's
agenda for April 25.
Deputy County Attorney Jung stated that they could request to push the presentation
back.
Commissioner Souza suggested that they take what they can get.
Commissioner Kinnaman noted that it is the day before the next Commission meeting.
Deputy County Attorney Jung stated that he will be on vacation that day.
Commissioner Souza noted that it could be taken up as early as 9:00 a.m. or as late as
9:00 P.M.
Commissioner Ventura stated that she would probably not be able to attend.
Commissioner Souza questioned if the Council would be considering amending
Ordinance 812 to increase the contribution from .5% to 1%.
Deputy County Attorney Jung stated that the Attorney's Office would need to determine
if it was a budgetary issue or if it would need to be an amendment. He stated that he
would follow up with Councilmember Yukimura. He stated that if they raise the
percentage it would have to go through several rounds because it would have
implications to the standard budget.
Commissioner Ventura questioned if Commissioner Souza would take the lead on the
presentation.
Commissioner Souza stated that she does not mind putting together the presentation.
Chair Figaroa stated that he could do the presentation and Commissioner Souza could
answer questions.
Commissioner Souza stated that it would be great if other Commissioners could make it
too.
Ms. Sadora stated that she will email last year's presentation to Commissioner Souza to
edit.
Commissioner Kinnaman stated that she will be able to attend.
Commissioner Childs questioned if they will be able to view the presentation at the next
meeting.
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Ms. Sadora noted that the Council meetings are viewable on the County website.
NEW BUSINESS
Discussion of itinerary and logistics for upcoming field trip to the South and West
side including sites recommended in the Commission's 2011 Report to the Kauai
County Council and the Mayor.
Ms. Sadora noted that the Kauai Bus has confirmed that the Commission will be able to
utilize their transportation for May 10.
Commissioner Ventura questioned the start time of the field trip.
Ms. Sadora stated that the meeting would need to convene at 8:00 a.m.
Commissioner Ventura questioned if the Commission identified the sites that will be
visited.
Chair Figaroa stated that they would be visiting Piwai, Salt Pond, Lawai Kai to Port
Allen, the former Hoban property, and Kaneiolouma.
Commissioner Souza stated that some of the sites would be drive by, but they were
interested in stopping as often as possible.
Commissioner Childs stated that they would want to stop at the priority sites that were in
the report.
Commissioner Ventura stated that if the lunch break is done at a community spot, then
community experts who may want to explain about an area could meet them there even
though the Commission wouldn't be able to engage in a discussion. She stated that
questions would need to be limited to fact-based questions.
Commissioner Kinnaman suggested Poipu Beach or Kukuiula Harbor.
Commissioner Souza stated that it would be good to drive into the coffee field area for
the Lawai Kai to Port Allen coast.
Ms. Sadora stated that she would check with A&B and the Kauai Bus whether they
would be able to drive on the road.
Commissioner Souza requested that staff determine if the Kauai Bus would be able to
drive on the access to Alexander Dam.
Chair Figaroa stated that Commissioner Kinnaman will work with staff on the possible
route from Port Allen to Lawai Kai.
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Commissioner Souza stated that they would convene the meeting at 8:00 a.m., take any
public testimony they may have, then recess for the field trip. She stated that they
would stop at Piwai, proceed to Kalaheo to drive by the access to Alexander Dam, then
Salt Pont, and the stretch from Port Allen to Lawai Kai. She stated that they would
possibly take a back route to Poipu, then have lunch at Kukuiula Harbor which would be
pre-ordered. Then they could look at the Hoban access, and park at Poipu Beach and
look at Kaneiolouma and the Hoone Road property, then return to Lihue.
Commissioner Childs stated that he is glad they decided not to do the North Shore on
the same day.
Commissioner Souza stated that all of the arrangements should be finalized by the next
meeting with all of the approvals secured and some kind of time table for the agenda.
She questioned who else from the Planning Department would be attending.
Ms. Sadora noted that inspector Les Milnes will be on vacation that week so he will be
unable to accompany the Commission.
Status on acquisition plan for a portion of TMK (4) 2-6-003:017 to obtain a
pedestrian public beach access easement to Kukuiula Bay through the former
Hoban property.
Deputy County Attorney Jung stated that the Planning Director approved the outline for
an acquisition plan but he didn't yet sign it so it wasn't available for distribution.
Ms. Sadora stated that the appraisal is out for bid. She stated that the Planning Director
stated that whenever the Commission requests an acquisition plan from the
Department, it will become the Department's working document on how they proceed
with the acquisition. She stated that the Commission will be able to see the outline of
how the Director envisions the acquisition happening, but the content would be the
responsibility of the Department. She stated that the Commission would be updated
when each item is completed.
Commissioner Kinnaman questioned how long an appraisal would take.
Ms. Sadora stated that it would be an average of 7 to 15 days depending on the
appraiser. She stated that they have gone out to bid and they are awaiting responses
from the appraisers.
Deputy County Attorney Jung stated that because the fees are under a certain threshold
they would be able to make allowances for special purchases.
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NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION
Chair Figaroa questioned what items should be continued on the agenda.
Commissioner Kinnaman stated that the agenda items should be the same with the
exception of item VI F, appointment Commission-appointed ninth member. She stated
that today's new business would be continued under unfinished business.
Chair Figaroa noted that update on the proposed amendments to Ordinance 812 can be
removed from the agenda and the Commission will be receiving a signed copy of the
new Ordinance.
Commissioner Souza suggested a new business item for report on the presentation to
the County Council. She requested a future agenda item for presentation from her and
Commissioner Kinnaman on past Commission activities and things that still need to be
done.
Commissioner Childs suggested placing it on the next agenda and they could always
defer it if they decide another date is better.
Chair Figaroa stated that the new business items would be a report on the presentation
to the County Council, and the presentation from Commissioners Kinnaman and Souza.
Commissioner Souza requested an agenda item for report on the presentation to the
County Council and also the upcoming presentation to the Mayor. She stated that in
the past, they have made separate presentations to both the Council and the Mayor.
ADJOURNMENT
MOTION:
It was moved by Jean Souza and seconded by Nathaniel Childs to adjourn the
meeting.
All were in favor by unanimous voice vote — Motion passed.
Meeting Adjourned at 3:22 p.m.
Respectfully submitted by:
Duke Nakamatsu, Support Clerk
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