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HomeMy WebLinkAbout2012-04-26 Open Space Commission Minutes Approved 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 Kaua'i Public Access, Open Space & Natural Resources Preservation Fund Commission of the County of Kauai was held on April 26, 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, Patrick Gegen, Tessie Kinnaman, John Lydgate, and Jean Souza. The following Commissioners were excused: Johanna Ventura. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Jodi Higuchi Sayegusa for Ian Jung. SWEARING IN OF COMMISSIONER The Commission-appointed, at-large, ninth member Patrick Gegen was sworn in by Administrative Assistant to the County Clerk Eddie Topenio, Jr. CALL TO ORDER Vice Chair Nakahara called the meeting to order at 1:05 p.m. APPROVAL OF AGENDA Commissioner Souza stated that since the vice chair would be leaving the meeting at 2:00 p.m., she requested taking new business item VIII B out of order. Vice Chair Nakahara questioned if the Commission would need to vote on taking the item out of order. Deputy County Attorney Sayegusa stated that it would be up to the vice chair. She noted that she would be on stand by and that the Commission could call her if they had any further questions. 1 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes NEW BUSINESS Presentation by Commissioners Kinnaman and Souza reviewing past Commission recommendations and concerns, and suggestions for future Commission work plans. Commissioner Souza reviewed the changes that were made since the original Ordinance 812 relating to the new roles and responsibilities of the Commission. She stated that the underlined content in Ordinance 925 is new and the bracketed content is what was deleted from Ordinance 812. She stated that the action that the Council and the Mayor took in approving the changes is the most significant change that has happened since the Commission was established. She noted that the Open Space fund can be used for nine purposes, the newest for conserving land for open space and scenic values. She stated that during discussion with the County Council, she informed the Council that a prior group of Commissioners discussed the need to request an increase to the fund allocation and expressed to the Council the frustrations associated with the limited amount of money in the fund, but the Commission felt that the Council better understood the fiscal situation of the County. She stated that the Council may be considering another draft Ordinance to increase the fund amount. She stated that in the past the Commission was required to submit an annual list of priority recommendations and to solicit public input in development of the list. She noted that one year there was a staff shortage so two years were combined into one report. She stated that the Commission will now be responsible for a biennial list of priority projects and public input every other year. She stated that the Commission still has to produce an annual report to identify accomplishments, challenges, future goals and objections, and any recommendations that may have come up since the biennial report, but not involving public input. She stated that the Commission can now advocate and be a resource for public access, open space and natural resource preservation planning for the County and can also advocate in front of the Legislature or the Council. She stated that the Commission can provide feedback and direction on the Department's implementation of the priority recommendations. Commissioner Kinnaman recommended that the Commission put into motions any requests to staff. Commissioner Souza stated that the Commission will also serve as a forum to receive public input on issues relating to the nine land conservation purposes of the fund. She noted that the Commission was not able to do that in the past. She stated that they can also assist with the resolution of issues related to the nine conservation purposes. She stated that the Commission is to biennially report the balance and review the sufficiency of the fund. She stated that she suspects that future priority lists will be longer than past lists because the Commission can start to address issues and actions. She noted that there are other pots of money that have been used by other parties for acquisitions. 2 V:\2012 Master Files\Commissions\Open Space\Meetings\2012-04-26\Minutes She stated that the original Ordinance was not clear about whether the Commission could assemble packages, who would own the property, and who would manage it. She stated that section 16-14.3 indicates that funds can be appropriated to another government entity, private owner, or non-profit organization and used to acquire an interest in property with the requirement that lands or entitlements benefit the public and are protected in perpetuity. She stated that it doesn't have to be fee acquisition. She stated that it can be a conservation easement, but they have to be sure that it benefits the public and is protected in perpetuity. She stated that the Commission needs to be responsible with the recommendations including who should own it and who should manage it. Commissioner Lydgate stated that 40 years ago the plantations leased and managed the Wailua water shed, but didn't own it. He noted that the Wailua River, Lydgate Park and Coco Palms are a mess, and something can be done about it, but who would own it and who would manage it. He stated that the nine purposes are relevant to something like the Wailua Water Shed and what the plantations used to do. Commissioner Souza encouraged the Commission to review all of the reports that have been done since 2005. She stated that although the Commission's responsibility was restricted, the public told the Commission that there were other problems and issues that needed to be addressed before new properties can be acquired. She stated that the question of watersheds was included in the list. She stated that other accesses that the public thought had been acquired through prior arrangements or zoning changes had fences that were put up and people aren't able to use the access. She stated that the Commission had a list of about a dozen unresolved issues. She stated that the Commission was also informed that there were alleged illegal actions that were taken that resulted in loss of public access and they were asked what can be done about it and who would do it. (Chair Figaroa arrived at 1:30 p.m.) Commissioner Souza stated that there was a question about signage and how the public would know if there is an access if there is no sign. She stated that questions were asked regarding plants that were allowed to grow to the point where they are blocking beach access and why someone is not maintaining those areas. She stated that another question was what can be done about agency resistance to acquiring new accesses. She stated that agencies have come before the Commission and told them that they weren't interested in establishing new trails and new parks. She stated that they have tried a dozen different ways over the years to gather input and they have tried several methods of prioritizing for each period. She stated that there is more flexibility now. She stated that the Commission never received any presentation regarding the multi-use path or the County's current master plan for Parks. She stated that Commissioner Ventura sits on an advisory council, but the plan has never been presented. She questioned liability on County accesses and what action the Commission can take in advocating for a State law that would give the County the same 3 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes coverage or exposure as the State. She questioned how the Commission is going to monitor follow-up and follow-through. She stated that they state things in reports but questioned if anyone is addressing them. She questioned jurisdiction and loss of traditional accesses. She stated that as people pass away, there is discontinuance of traditional use, there are changes in land ownership, and the respect for that use goes away. She noted that the Council Chair has repeatedly stated that the Planning Department can access 5% of the fund for administrative purposes which include education of commissioners. She stated that it could include training, having attorneys discuss conservation easements, financing, funding and assembling packages, or perhaps a facilitated session to develop a plan for the next year. She stated that the Council's Planning Committee Chair has invited her and Commissioner Kinnaman to sit with her and Council woman Yukimura to develop schemes on a process to move from recommendation to implementation. She suggested that an investigative team be appointed to meet with the Planning Committee to explore options. She stated that the investigative team can meet, do the work, and if there's action to be taken, they can make a recommendation and the Commission can take action on that recommendation at a following meeting. She stated that the Planning Director will be there with Commissioner Kinnaman and her. She suggested that other Commissioners attend to better understand the options because they will be a part of the implementation. Chair Figaroa stated that they can also address their concerns directly to the Department head. He stated that the meeting would be for everyone to come together and figure out the process so that they are not just making a list every other year. Commissioner Souza stated that from 2008 to 2009 the Commission worked on a flow chart, but things have changed and the land trust was successful in acquiring the Hodge property in Hanalei and they showed the Commission how a project could be approved. She stated that she drafted an updated flow chart. Commissioner Nakahara questioned if the meeting would be with the County Council or the Council's Planning Committee. Commissioner Kinnaman stated that it would be with the Planning Committee. Commissioner Souza stated that Councilwoman Nakamura, in a prior professional capacity, was a planning consultant and met with the Commission on a contract to help develop a vision statement, priorities and a process. She stated that many of the changes that were incorporated into Ordinance 925 were started years ago through that process. She stated that the next report will be an annual update and the Commission will submit a biennial report. She stated that another way to address priority recommendations is through a dossier. She stated that the Commission sends recommendations to the County Council, and they can approve the recommendations and direct the Planning Department to prepare an acquisition plan. The Commission can review and approve that acquisition plan and request periodic updates from the Planning Department. The acquisition plan would then go to the Council for approval 4 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes and then back to the Planning Department for implementation or acquisition. She stated that another option would be perhaps a Land Trust or a group could assemble and acquisition plan, draft an Ordinance to acquire specific parcels, submit it to the Council for approval, then the Land Trust or group can implement that Ordinance or Resolution if the Council approves it. She stated that would be the likely process based on what they know. She stated that during the presentation of the annual report, Councilwoman Yukimura stated that the listing of sites were too general and should include specific parcels and areas to be acquired. She stated that in order to be parcel specific there would probably need to be appraisals and money spent before anyone even approves the idea. She stated that with the current process the appraisals begin after the Council agrees that it is a good idea. Chair Figaroa stated that Councilwoman Yukimura seemed to want a more thought out locale including the who, what, where, why and how, and if it is really going to benefit the public, rather than just a general area. He stated that she mentioned that they may not need the whole general area, and she questioned the criteria that the Commission used. Commissioner Kinnaman stated that the criteria would be the nine purposes of the fund. Commissioner Childs stated that it is easy to read a report and question the process, but he stated that a lot of those questions are answered during the meetings throughout the year. Commissioner Souza felt that an investigative task group would be a good idea to address these issues in dialog with the Planning Department and Council. (Commissioner Nakahara left the meeting at 2:00 p.m.) Commissioner Souza suggested continuing the agenda item for further details on past reports and field trips. She suggested the Commission begin working on the draft annual update in November at the latest, and then approve it in December for submittal to the Council and the Administration by late December or January. She stated that the biennial report would be submitted in December 2013. She suggested that the 2013 tentative schedule include the development of a project schedule in the spring, a 4-6 week public input period in the summer, data analysis in August, drafting of recommendations in September, drafting of the biennial report in October, and final report in December for submittal. She strongly recommended submitting the report prior to the budget session because if there is something that needs to happen, they would be aware of the bigger budget picture. Commissioner Kinnaman suggested that Commissioner review all of the reports since 2005. 5 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes Commissioner Souza stated that they are trying to go paperless and if it works better, she suggested viewing them online at www.kauai.gov/openspace. Commissioner Kinnaman suggested paying special attention to the 2005 and 2006 reports. She stated that the 2005 report included the unresolved issues list which was then referred to as the opala list that consisted of 16 sites. She stated that access at PMRF falls under Federal jurisdiction, so the Commission deferred it due to heightened security following 9/11. She stated that other accesses have been closed off by new land owners, and staff is supposed to be providing an update for the Commission and the Council. She noted that many of the issues are jurisdictional and staff will need to follow up. She stated that in the 2006 report, the Council's Parks & Public Works committee requested that the Commission look into the issue of roads in limbo. She stated that there were 11 roads listed and refers to long standing issues of jurisdiction between the State and the County. Commissioner Souza stated that the Council also questioned the criteria for selecting the recommended sites. She stated that when the Commission presented the first list they had an extensive evaluation system and considered over 100 sites, but there was never any action taken so the Commission questioned going through that process again. She stated that there are new commissioners and it would be up to them how they decide to prioritize and what criteria should be used. She stated that the old criteria and forms are in the old reports so they don't have to be invented. Chair Figaroa asked for clarification that some of the things that were visionary by the Commission in the past can actually be implemented now with the passage of Ordinance 925. Commissioner Souza stated that they couldn't address issues in the past. She stated that follow up is needed, and they couldn't follow up in the past. Commissioner Kinnaman stated that the Planning Department committed to submitting a report to the Council regarding the unresolved issues in 2010. Commissioner Souza stated that a report was not submitted. Commissioner Kinnaman suggested that potential Commission education topics include State and County access laws and enforcement. She felt that watersheds would fall under the Commission on Water and Resources Management, but she didn't think that they have been very active on Kauai. She stated that the Boards & Commissions just held a class on parliamentary procedure which was very helpful. She noted that there are a lot of good laws but enforcement is an issue. Commissioner Souza stated that they need to know what the laws are and what the various agencies are required to do and question why they are not being done. 6 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes Commissioner Kinnaman stated that she listed conservation easements, land acquisition process and terminology, other funding programs, and County bonds under "tools". Commissioner Souza stated that Council Chair Furfaro has repeatedly suggested that the Commission consider bond financing. She stated that one of the prior commissions did look into it, but they felt that they didn't want to obligate the annual accrual of the fund to just one big parcel acquisition. She stated that the current Commission may want to revisit and look into the details of bond financing. Commissioner Lydgate questioned how many of the commissioners know about bond financing. Commissioner Souza suggested that the Finance Director or someone from the bank do a seminar on bond financing and the applications to land acquisitions. Commissioner Lydgate stated that the Council Chair would be the perfect person to do a presentation. Commissioner Kinnaman stated that the Commission could send a request. Commissioner Lydgate stated they are talking about millions of dollars. Commissioner Souza stated that at the time they were looking at how the process works they figured that they would have to obligate 30 years' worth of accruals just to acquire the money for one parcel. She noted that maybe there are new tools available and suggested that it may be good to revisit that option. Commissioner Lydgate questioned if the staff would help the Commission to investigate the bond. Commissioner Souza stated that certain things could be delegated to the staff, but suggested that the Commission should learn about bond funding. She suggested they request information from an expert. Commissioner Kinnaman noted that there is also an annual Hawaii Congress of Planning Officials conference and encouraged the commissioners to attend because a variety of topics are covered. She recommended an orientation class for new commissioners. Commissioner Souza noted that the Office of Boards & Commissions schedules an assortment of trainings. She stated that a county commission is different from any other kind of commission so it would be good to know the dos and don'ts. She stated that she attended the parliamentary procedures class and thought it was exceptional. She felt it would be necessary for everyone to attend. She suggested to the Boards & 7 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes Commissions staff that they sit in for the first couple of hours whenever there is a new chair or vice chair selected for hands on assistance. Chair Figaroa stated that the good thing about Boards & Commissions training is that you get to meet other commissioners and learn what they do and what they know. (5 MINUTE BREAK) Chair Figaroa stated that Commissioners Kinnaman and Souza will continue their presentation at the meeting following the field trip. Discussion and follow-up on the Commission's presentation of the County of Kauai, Public Access, Open Space, & Natural Resources Preservation Fund Commission 2011 Report to the Kauai County Council and the Mayor. Chair Figaroa opened the floor to Commissioners who were in attendance during the presentation to Council and requested that each Commissioner limit their dialog to 5-6 minutes. Staff displayed the PowerPoint presentation that was displayed at Council. Chair Figaroa stated that he presented the first 3 slides regarding the establishment of the Commission, how much the fund receives annually, the purposes of the fund, and the fund balance. He stated that accomplishments included passage of Ordinance 925 and the filling of the 9t" member vacancy. He stated that the Commission also established a new process to assist in implementation of recommendations by the County Council. He stated that the Commission conducted a survey in 2011 using various means, with 120 people attending 3 public meetings, 26 survey responses, and 20 places on Kauai suggested. Commissioner Kinnaman stated that her portion of the presentation was the Commission recommendations including Salt Pond, Piwai and Kaneiolouma Heiau complex. She stated that Councilmember Yukimura questioned the acreage of the Salt Pond expansion area. She stated that the upper portion is owned by the State consisting of 300+ acres, the bottom portion was being leased by Robinson, and the very bottom is where the County leases for the park. She stated that she mentioned to the Council that acquiring a smaller portion would have to go through a subdivision process. Chair Figaroa stated that Councilwoman Yukimura stated that it is prime agricultural land and expansion of the park would not be the best usage of the area. She recommended a conservation easement. He stated that he notified her that it would be to preserve the Salt pans and she stated that the salt pans would be affected with or without development. 8 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes Ms. Sadora stated that Councilwoman Yukimura felt that when any recommendation goes to Council it should be specific as to what the Commission is asking for and whether it would be for 20 acres of the 373 acres total. She stated that she would prefer a plan that they can take and approve. Chair Figaroa stated that the Commission is only a recommending body but she was asking for an acquisition package. Ms. Sadora stated that she thinks that is the purpose of meeting with the Planning Committee will be to assemble an outline on how the Commission will be presenting the report and work out the process. Commissioner Souza stated that Councilwoman Yukimura questioned why the Hoone Road property between the beach park and the Waiohai was not recommended in the 2011 report. Commissioner Kinnaman stated that the report was already printed when Councilwoman Yukimura questioned that parcel. She noted that the Commission had a running list of recommendations since 2005 so that it could still be revisited. Commissioner Souza agreed that it is a good project but the Commission recommended six sites in 2010 that were not in priority order. She stated that the Commission then asked the public for additional input on those six sites and there was no interest expressed for that site. She stated that for the Piwai and the Kaneiolouma Heiau projects there were community groups that came forward that were working on putting together the packaging. She stated that they recommended Salt Pond expansion because sugar was out and the lands were on a month to month revocable permit from the State. She stated that before it goes to a longer lease, it was a window to try to acquire that area. She stated that she noted in the presentation the criteria that public support was the consideration. She stated that it seemed as though the expectation was different from what was submitted in the past. She stated that the Commission never received feedback on the format or how it could be improved. She stated that the report is a conceptual idea waiting for the Council to approve whether or not they like the idea and want a follow up. She stated that there was no public statement that the Hoone Road parcel was desired and noted that the Commission is doing the best they can and without the Council in the policy role providing constructive feedback. Commissioner Childs questioned how the Commission is supposed to know what the Council is thinking without any communication. Commissioner Souza felt that the upcoming meeting with Councilwoman Nakamura is a good way to go. 9 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes Chair Figaroa stated that Councilwoman Yukimura indicated that she spoke with the previous land and said that they were unaware that the County was interested in the property. He started that he informed the Council that Kaneiolouma was a higher community priority this year, but Councilwoman Yukimura stated that an ocean front property is a high community priority. Commissioner Souza stated that the Commission has had many recommendations on the list using different strategies, but none have worked. She stated that she was interested to hear what Councilwoman Nakamura would suggest in the meeting. Chair Figaroa stated that Councilwoman Nakamura did note that this was just a preliminary process. Commissioner Kinnaman stated that the Planning Department would need to follow up on the sites. Commissioner Souza stated that the Council could have stated that they wanted the Commission to follow up on that recommendation or introduced a resolution requesting that the Planning Department follow up. Chair Figaroa stated that the community members that were in attendance spoke highly of the Commission and noted that they are doing what they were mandated to do. Ms. Sadora stated that the Department would need to get together with the Planning Committee so everyone understands the process. She stated that although the Ordinance allows for expanded roles, there should be a better understanding of what those roles mean and what the differences are between when report is presented and an acquisition plan. She noted that this is the third year that she has been with the Commission and each year the expectations have been different. She stated that as the Ordinance has been passed, there are things outside of the Department's control when it comes to unresolved issues. She stated that information will need to come to her from the Director. She stated that it will be a work in progress for a few months until they can nail it down with everyone in unison. Commissioner Kinnaman stated that there would have to be other departments involved and suggested not trying to do all of the unresolved issues at one time. Ms. Sadora stated that they don't want it in pieces. Commissioner Kinnaman suggested stating that they are work in progress and suggested grouping them by Districts. Ms. Sadora stated that they need to revisit it and noted that they are unresolved for a reason so they need to work out how they are going to address the issues. 10 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes Commissioner Souza stated that Chair Furfaro has also stated a few times that the Commission needs to do a geologic and hydrologic study of the Salt Pond area so they know how the drainage flows and affects the Salt Pans. She stated that with the new roles of the Commission she felt it was possible to use the Administrative funds. Commissioner Childs questioned the cost of geologic studies. Ms. Sadora stated that it would be a question for Deputy County Attorney Jung. Commissioner Souza stated that there may be other sources of funds. She stated that Office of Hawaiian Affairs has been supportive of a lot of projects. Commissioner Childs stated that it would be good to have that knowledge. 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 displayed images of the Piwai recreational staging area. She stated that if they are not able to drive to the staging area with the bus, they could walk from the main highway. She stated that the parcels to the left are the parcels that they would like to acquire. She stated that two representatives from the motor cross groups would meet them at the gate. Commissioner Souza requested aerial photos of the sites. Ms. Sadora stated that she can provide aerial photos on the day of the field trip. Commissioner Kinnaman stated that the staging area in on Knudsen land. Ms. Sadora stated that the motor cross groups recommend acquiring the A&B property to the West because it was listed for sale. Regarding the Alexander Dam Road, Ms. Sadora noted that the road may not be accessible by bus because it is very narrow with short dirt humps. She stated that they call pull off the main road to look at the road. Commissioner Souza stated that she has photos from a prior field trip. She stated that if they are not able to physically visit the area, they can view the photos. She stated that the Commission will have to address that issue. Ms. Sadora noted that there is a "no trespassing" sign posted at the first gate at the main highway. 11 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes Commissioner Souza stated that is supposed to be the public access. She requested that the executive session item remain on the agenda following the field trip. She stated that it could be a potential enforcement violation. Commissioner Kinnaman stated that road is one of the unresolved issues because the State and/or County don't know who has jurisdiction. She stated that it was reported to the Commission that the access has been allegedly re-routed onto A&B property and the access has since been blocked. Ms. Sadora stated that they will have to re-visit the issue. She stated from the Alexander Dam Road they would head to Salt Pond Beach Park. She stated that she is still working with A&B to access the road from Kauai Coffee to Spouting Horn to view the coastline. She stated that they do not provide day passes and would require advanced notice. She stated that she would need to circulate a document for Commissioners' signatures prior to the field trip. She stated that they will have lunch at Kukuiula Harbor and then hike the coastline to the former Hoban property. She stated that the beach is a small but beautiful area. She displayed a photo of the drainage easement and noted that there is an old beat up stairway that the land owners used to access the beach. She stated that the neighboring property also has a stairwell down to the beach. Commissioner Kinnaman noted that during certain times of the year, the sand goes right up to the drainage easement and the sand washes out when there are heavy rains. Ms. Sadora displayed a photo of the Hoone Road parcel. Commissioner Gegen stated that it appears to still be for sale. Ms. Sadora stated that it is currently in escrow. Commissioner Kinnaman stated that since 2005 it has sold about two or three times. Ms. Sadora stated that they can drive by on the way to Kaneiolouma Heiau complex. She stated that Mr. Rowe would meet the Commission to provide an overview of the work that has been done in the complex since the last visit during the Hawaii Congress of Planning Officials conference in September. For lunch, Ms. Sadora stated that the Koloa Fish Market does not have a printed menu because their specials change daily. She stated that the Commission could choose Imu Hut or Koloa Deli or the staff would be open to other suggestions. Commissioner Childs stated that Koloa Deli seems more practical. The Commission voted unanimously for lunch from Koloa Deli. 12 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes 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. Ms. Sadora stated that they are going through the procurement process to approve funds for an appraisal. She distributed copies of the outline of the acquisition plan. She stated that they can leave the agenda item on for updates. She stated that it will be a work in progress to determine how effective it is and how it is received by Council. Commissioner Kinnaman questioned where the procurement would be on the outline. Ms. Sadora stated that the procurement would be under appraisal. She stated that each of the categories would have bullets of description. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Figaroa stated that the next meeting would be on May 10 and the agenda will consist of the field trip. Commissioner Gegen questioned the start time. Chair Figaroa stated that the Commission will meet in the Moikeha meeting room, then recess to proceed on the field trip, and then reconvene at the meeting room to adjourn. Ms. Sadora stated that the field trip is on a regularly scheduled meeting day, May 10, but it would start at 8:00 a.m. She stated that they will leave around 8:30 a.m. and head to Piwai. She stated that they will return to have discussion and then adjourn the meeting. Commissioner Souza stated that there may be members of the public that might want to accompany the Commission. She stated that they can follow along in their own vehicles, but they are not allowed to have discussion while on the field trip. She stated that if there is information to share, the Commission will need to gather so that everyone hears that same information, but it's not appropriate to engage in discussion until they return to the meeting. Commissioner Kinnaman questioned the road from Port Allen to Lawai Kai. Ms. Sadora stated that she will need to check on whether or not members of the public would be able to follow along. She noted that A&B is not currently issuing day passes. Commissioner Souza stated that they could meet the Commission on the other side. She stated that it is another problem that the fishermen face. 13 V:\2012 Master FilesTonamissions\Open Space\Meetings\2012-04-26\Minutes Ms. Sadora stated that she will check with the County Attorney's office on how to address that area and whether prior permits need to be obtained. Chair Figaroa asked for volunteers to be on the task group to meet with the Council's Planning Committee. Commissioners Gegen, Souza, and Kinnaman volunteered to be on the task group. Commissioner Childs volunteered to be an alternate should someone not be available. Chair Figaroa stated that he appoints himself and Commissioners Souza, Kinnaman and Gegen to the investigative group to attend the meeting with the Council's Planning Committee on May 7, 2012 at 1:00 p.m. in the Historic County Building. ADJOURNMENT Chair Figaroa adjourned the meeting at 3:45 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 14 V:\2012 Master Files\Commissions\Open Space\Meetings\2012-04-26\Minutes