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HomeMy WebLinkAbout2012-07-12 Open Space Commission Minutes - Approved PUBLIC ACCESS, OPEN SPACE &NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES July 12, 2012 A regular meeting of the Public Access, Open Space &Natural Resources Preservation Fund Commission of the County of Kauai was held in the Lihue Civic Center, Moikeha Building, in meeting room 2A/2B. The following Commissioners were present: Joseph Figaroa, Chairperson Maurice Nakahara, Vice Chairperson Linda Dela Cruz Luke Evslin Patrick Gegen Tessie Kinnaman John Lydgate Jean Souza. Absent and excused: Nathaniel Childs 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. PRESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING COMMISSIONERS The Commission welcomed County Council Chair Jay Furfaro. Council Chair Furfaro stated that Commissioner Souza was his nomination to the original Open Space Commission and Commissioner Kinnaman was nominated by former Councilmember Kaneshiro. He stated that when he was growing up, access wasn't an issue. He stated that times needed to be managed with the changing issues involving litigation, trespassing, and privatizing of lands. He stated that the Open Space Commission is all about taking care of the stewardship and trying to practice the values on a very frugal budget. He stated that .5% of real property taxes does not seem to be a lot but their work is appreciated. He stated that perhaps the Council will be able to allocate more money in the future. He noted that it would also not be unreasonable for the County to borrow money to acquire land for public access. He stated that 1 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-07-12\Minutes the Kauai County Council sent their warmest aloha and thanked Commissioners Souza and Kinnaman for their work and initiative. APPROVAL OF AGENDA Commissioner Souza requested taking unfinished business items G5 before item G4. On the motion made by John Lydgate and seconded by Linda Dela Cruz to approve the agenda, the motion carried by unanimous voice vote. APPROVAL OF MEETING MINUTES On the motion made by Patrick Gegen and seconded by Linda Dela Cruz to approve the regular meeting minutes of June 28, 2012, the motion carried by unanimous voice vote. ANNOUNCEMENTS Commissioner Gegen announced that he will be leaving the meeting at 2:45 p.m. There were no announcements from staff. RECEIPT OF ITEMS FOR THE RECORD There were no items to receive for the record. UNFINISHED BUSINESS Executive Session: This executive session was held pursuant to Hawaii Revised Statues Sections 92-4 and 92-5(a)(4), the purpose of this executive session was to consult with the County's legal counsel on questions relating to public access issues regarding Kauapea Beach, also known as Secret Beach, Kilauea, Kauai, Hawaii. This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. On the motion by Tessie Kinnaman and seconded by Jean Souza for the Commission to move into executive session, the motion carried by unanimous voice vote. (The Commission moved into executive session) 2 V:\2012 Master Files\Commissions\Open Space\Meetings\2012-07-12\Minutes Review and discussion on the 5/10/12 field trip to the South and West side. Ms. Sadora displayed PowerPoint photos of the field trip. Commissioner Gegen questioned how the sites were identified as priority recommendations and whether or not it was based on the amount of users to the site. Ms. Sadora stated that the Piwai area was recommended because of the motor cross clubs asking for support to originally establish the area for just for recreational vehicle use, but they are now also looking at including a wider range of recreation such as camping. Commissioner Souza stated that the Commission visited the sites that were recommended in the 2011 report on the south and west side. She stated that Piwai is a large area on the mauka side of the road in Omao and on the Lihue side of Kalaheo that is privately owned and abuts a significant section of hunting area,mauka of Kalaheo. She stated that the two main reasons for proposing this area for acquisition were to support the current use by off-road recreational vehicles, and there would be an opportunity to create a long term forest recreation area with trails, cabins, and camping. She stated that the land is on the market, and some of the other properties have zip lines that were recently approved, so there is urgency. She stated that the groups that currently utilize the area are the main advocacy groups who would assemble an acquisition package for the project. Regarding the Alexander Dam road, Commissioner Souza stated that the Commission believes that it is a public road, so the "no trespassing" sign near the gate at the main highway was disturbing. Regarding Salt Pond Beach Park, Commissioner Souza stated that the lands mauka of the park is owned by the State with small pockets owned by Robinsons. When the sugar plantation ended, the DLNR changed the lands to a month to month revocable permit. She stated that this is an opportunity to acquire State lands through an executive order for expansion of the beach park and for land banking. She stated that this is the only major beach park in the area and it is very heavily used during the summer. She stated that the Commission is proposing to acquire lands from the parking lot, mauka. Some of the other resources would be the salt pans, and the Puolu Point area that had a significant number of native plants. She stated that many years ago, there was a community meeting with Mayor Baptiste in which the community was opposed to a ball field and motor cross in that area and they were more interested in a passive area in its natural state. She believes that the Council has budgeted some money for a geological and hydrological study to understand the drainage in the salt pond area. She stated that the one of the reasons they were proposing expansion of the park was to protect the water quality of the pans and the ponds. Chair Figaroa stated that he requested the master plan for this area. 3 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-07-12\Minutes Commissioner Lydgate stated that the master plan should address the sewage, the veteran's center expansion, and parking. NEW BUSINESS Discussion regarding Salt Pond Beach Park and review of the Department of Parks and Recreation Park Master Plan. Ms. Sadora stated that the last plan was an island-wide plan in 1978. She stated that the information is very basic and there is no forecasted plan. She noted that the Department of Parks & Recreation is currently going through a process to update the master plan that would also be more specific to each park. She stated that they are working with a consultant, and they have already held community meetings to gather input. She stated that they will conduct another public meeting when they complete a draft. Commissioner Souza stated that the information she got from attending a Council meeting is that the draft plan is done and the Parks Director was looking for minor comments from the community. She expressed concern that they have never presented that project to the Open Space Commission and she was concerned that it was a just a facility plan rather than a park system mater plan. She stated that it would be good for someone from Parks & Recreation could do a presentation to provide comments in a timely manner. She stated that what she got from the Council meeting was that they were not looking for major comments from the public, but she saw some major shortcomings. She stated that Salt Pond was not mentioned in the presentation. She stated that the Commission may want to request addressing resource issues, usage, sea level rise, and future planning. Ms. Sadora stated that the presentation is available at www.kauai]2arks.co Souza stated that forest recreation potential also is not mentioned in the plan. She advised the Commission not to let the scope of the project affect what the Commission thinks the bigger picture should be. Ms. Sadora stated that there was some work done by Public Works regarding the sewage, but the Parks planner will confirm. Commissioner Souza stated that some community members questioned that if the County is unable to care for the existing park, how they can consider expansion. She stated that her response was that they need to look to the future to ensure enough recreation areas for the people. She stated that there are shortcomings, but they shouldn't conflict with the idea of long term planning for land banking. 4 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-07-12\Minutes Review and discussion on the 5/10/12 field trip to the South and West side. (Continued) Regarding the end of the road at Spouting Horn, Commissioner Souza stated that there is a large landscaping project using native plants. She stated that the concern about using native plants, is that they didn't fully consider public use since the shade trees were removed and replanted. Regarding the access to Kukuiula through the former Hoban property, Commissioner Souza stated that the acquisition of a public access, over the existing County drainage easement on private property has been a concern of the Commission for many years. She stated that the County was supposed to receive funding from Kukuiula Development as one of the conditions to rezoning, but because the acquisition of the project as determined by the Koloa Community Association was not done in time, the default was that the money would go to the Parks Department for improvements of Poipu Beach Park. Commissioner Kinnaman stated that the condition was that the project would need to be purchased and developed before 2007. She stated that the Planning Department tried to submit a packet but the Council did not take action. She stated that even if they are unable to acquire the funds from the conditions, maybe some of the Open Space funds can be used. Regarding the Nukumoi Surf Shop property, Commissioner Souza stated that the Kaneiolouma is a significant men's heiau. The land is already owned by the County and there is a stewardship agreement with a community organization to manage the area. The significance of the Surf Shop is that it is the traditional access to the heiau. She stated that the group and community would like to see it used as a public education and cultural center that would then give the entrance into the heiau. The stewardship is assembling funding packages to preserve the area and acquire the Nukumoi property. Regarding the Hoone Road parcel, Commissioner Souza stated that it is the last undeveloped property and Councilmember Yukimura was a strong advocate for the Commission to recommend that it be acquired using the Open Space Funds. She stated that it recently sold for $3 million. Commissioner Lydgate questioned if the recommendation was community based. He questioned if$3 million to expand the beach park by 30 yards was community driven. Chair Figaroa stated that the community was more for the Kaneiolouma heiau. He stated that his personal view is that he would rather preserve a cultural site than expand 20 feet more for $3 million. The Commission received testimony from Hope Kallai. Ms. Kallai stated that she was recently in the Spouting Horn, Lawai Kai area and agreed that the vegetation is gorgeous but not user friendly. It keeps people going laterally but there are 5 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-07-12\Minutes pockets and important fishing places that need mauka/makai access and people are trampling on the plants. She stated that there is a colony of wedge tail sheer water nesting and there should be "no dogs" signs posted. She stated that the resources are not being adequately protected. She agreed that the shade issue is of some concern. She stated that there is lack of lateral access past the NTGB gate. Commissioner Kinnaman stated that the improved lands are A&B property. She stated that there were concerns about the sheer water and that they used to burrow under the pine trees. She stated that there is only one historic trail on the makai side, but the hurricane blocked part of the trail. She noted that from the gate to Lawai Kai is a private road. She stated that you need to paddle in by canoe or surf board or sail into the bay to access the beach. The Commission received testimony from Elsie Godbe. Ms. Godbe thanked Commissioners Souza and Kinnaman for their hard work. She stated that the Department of Parks & Recreation should present their plan to the community. Presentation by Commissioners Kinnaman and Souza reviewing past Commission recommendations and concerns, and suggestions for future Commission work plans. Commissioner Souza displayed PowerPoint photos from past Commission field trips. She stated that they have visited every area except for PMRF and the Na Pali coast. She stated that under the old mandate, they weren't allowed to address many of their concerns except through field trip reports,but the Commission can now address some of the issues. There was some interest in acquiring some of the area near Nukolii, but it wasn't agreed to by any of the past commissions. She noted that off road vehicles in that area and the area further north were damaging some of the coastal vegetation and some of the tire tracks are within inches of turtle nesting areas. She displayed photos of inconsistent signage in the Kauai Sands area from the back road towards the ocean and some areas that were overgrown. She stated that the area behind the Coconut Plantation Marketplace was once suggested by someone, but it never made it to the recommendations. The Commission looked at the Spalding Monument area prior to the proposal for the subdivision with a tea plantation, but that project never happened. She stated that area has a panoramic view and they were concerned with how the landscape would be changed with the proposed project. She referenced some of the mauka trails and the erosion caused by motorcycles on the trails. She displayed photos of various gate designs that stop or encourage certain kinds of access. She stated that some members of the public are not keen on having access in their area especially next door. Commissioner Kinnaman noted that Moalepe and Old Cart Road in the 2005 report were on the Opala list because there were jurisdictional issues. Commissioner Souza stated that the Aliomanu area near Anahola has severe shoreline erosion and some houses were lost partly accelerated by sea walls by adjacent land owners. She stated Black Pot beach is the only area in the region where sand is accreting whereas most of the 6 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-07-12\Minutes beaches are losing sand. She stated that the issue at Black Pot is that people are using the beach as a parking lot. When she was there on June 30th there were 300 cars parked on the beach area. She stated that once the County acquires more land and provides alternate parking they will possibly be stricter regarding the cars. She referenced the Hanalei River boat ramp and stated that there were suggestions that the land to the right be acquired using the fund, but it is currently used for storing canoes. Commissioner Kinnaman stated that she believes it is going to be donated as soon as a master plan for the Hanalei area is created. Commissioner Souza stated that some people in the Aliomanu have used sand bags to try to deal with coastal erosion. The problem is that once they go up, they don't take them away, even if they become useless. She stated that the shoreline has retreated mauka of the sand bags, but they are still there and impeding the coastal use and the recovery of the shoreline. She stated that portions of Haena also have sand bags along the shoreline and the straps that hold the sand bags have come off and some of them have either erupted on the beach or have been washed from the protection area onto the reef. She stated that is a short term solution but nobody is monitoring or removing them when they are no longer working. She felt one of the priority actions should be working on the expansion of the salt pond park area and protection of the salt pans. She felt that the County should develop a uniform signage plan for public access. She stated that in the Princeville area, there was a sign fronting a 9 stall parking area for public access that the resort has labeled"public parking"but it should be for public access parking. It was reported that hotel employees were using the parking lot and others who were not utilizing the public access. She felt that things can be done which would make a big difference in that area. She noted that employees also park in public access areas in the Poipu resort area. She expressed disappointment that she was not able to work on a long range plan for the Commission because they were faced with annual reports and not having much progress. She stated that once the Commission becomes more comfortable with the expanded responsibilities they should work on perhaps ask the Department to help fund a consultant to work with them to develop a strategic plan on what they would like to achieve. She stated that one of the advantages they had was that they worked with a consultant to help develop a vision and mission. Chair Figaroa requested an email of the presentation along with Commissioner Souza's comments. Commissioner Souza stated that she will forward the presentation. Commissioner Evslin questioned if recommending signage is within the scope of the Commission. Commissioner Souza stated that under the new Ordinance the Commission is able to address more issues. Commissioner Kinnaman stated that most of the beach access signs have faded over the years. 7 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-07-12\Minutes Deputy County Attorney Jung stated that the Department of Public Works most likely deals with the signage. He stated that if the Commission took formal action, the Planning Department would refer the request to Public Works. Update and discussion of the Commission's work plan/timeline of events and activities through 2012,to include future Commission education topics. This item was deferred to the next meeting. 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 needed to wait for the 2011-2012 fiscal year ended before they could submit a bid request to the Purchasing Division. She stated that they have two bids for appraisal, but she was not sure of the timeline on the processing. Deputy County Attorney Jung stated that the attorney for the land owner questioned if an appraiser has been selected. Once an appraiser is selected, there is a possibility that they could discuss the potential for a friendly condemnation. He stated that a good first step is that they are willing to listen. He stated that they would need to work out the value of the easement for burdening the property and look into building walls. The road right of way is narrow, so they would also need to figure out a parking plan. Discussion on the Commission's presentation of the County of Kauai, Public Access, Open Space, & Natural Resources Preservation Fund Commission 2011 Report to the Mayor. There was no update from staff regarding a meeting appointment with the Mayor. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Figaroa stated that the next meeting date would be on July 26, 2012 and the agenda would be the same except for the executive session which will also include the Alexander Road accesses. Commissioner Kinnaman requested an update from the Department of Parks and Recreation regarding the parks master plan. 8 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-07-12\Minutes ADJOURNMENT Chair Figaroa adjourned the meeting at 3:35 p.m. Respectfully submitted by: ! 1 Duke Nakamatsu, Support Clerk 9 V:\2012 Master FilesTommissions\Open Space\Meetings\2012-07-12\Minutes