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HomeMy WebLinkAbout2012-10-25 Open Space Commission Minutes PUBLIC ACCESS, OPEN SPACE &NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES October 25, 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: Nathaniel Childs, Chairperson Luke Evslin Patrick Gegen John Lydgate Maurice Nakahara Absent and excused: Linda Dela Cruz Joseph Figaroa 2 Vacancies The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Ian Jung. CALL TO ORDER Chair Childs called the meeting to order at 1:09 p.m. APPROVAL OF AGENDA On the motion by Pat Gegen and seconded by John Lydgate to approve the agenda, the motion carried by unanimous voice call vote. ANNOUNCEMENTS There were no announcements from staff. APPROVAL OF MEETING MINUTES Regular meetiniz minutes of 9/27/12. 1 V:\2012 Master FilesTorarnissions\Open Space\Meetings\2012-10-14 Minutes Commissioner Lydgate questioned the outcome of the presentation by Councilmember Bynum. Commissioner Evslin stated that the Commission decided to include Aliomanu in the North Shore field trip. Deputy County Attorney Jung stated that Councilman Bynum gave the Commission a heads up that he was going to introduce a Resolution encouraging the Commission to look into access to Papaa Bay. On the motion by Maurice Nakahara and seconded by Patrick Gegen to approve the meeting minutes of 9/27/12, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR THE RECORD There were no items to receive for the record. UNFINISHED BUSINESS 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 she and Deputy County Attorney Jung met with Hallstrom appraisers on site to do an inspection of the property. They are currently processing their paperwork for the appraisal and are anticipating a 30 day turnaround. There is some research that needs to be done since their initial appraisal in 2007. She was uncertain if any negotiations or conversations will need to occur, but they also met with the land owner's attorney, Max Graham during the inspection. Chair Childs requested an update on the next agenda. Commissioner Nakahara stated that he was at that location a couple of weeks ago and questioned which house they are trying to obtain the access through. Ms. Sadora clarified that it is directly across from the entrance to the National Tropical Botanical Gardens next to the fire hydrant and telephone pole. She referenced photos that were taken. She noted that there is presently a lot of growth on the easement which borders two properties. The beach is the only sandy area between Kukuiula Harbor and Spouting Horn. Commissioner Nakahara stated that parking would be a problem. 2 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes Ms. Sadora stated that they would like to have discussions with the Botanical Gardens on the possibility of using a few of their stalls. When they receive the appraisal, they can present the whole package to the Commission, and they can decide how to proceed with their recommendation to the Council. Commissioner Nakahara noted that this would be the only way to access that beach. Chair Childs thanked the staff for the update and photos. Review and discussion on past recommendations and prioritization of the Commission's work plan/timeline of events and activities through 2012 including: • Criteria for recommendations list • New commissioner orientation packet • Past recommendations list and survey recommendations Ms. Sadora stated that at the last Commission meeting, the Commission discussed the criteria for their recommendations. When she and Deputy County Attorney Jung went before the Council's Planning Committee to provide an update on the Hoban easement with Commissioner Figaroa, he outlined the criteria and some additional ideas to the Council. Commissioner Evslin questioned if there were minutes available from the presentation to the Council's Planning Committee. Ms. Sadora stated that she was not sure how soon the minutes would be posted. She circulated an email from Commissioner Figaroa outlining his suggestions for the additional criteria he mentioned to the Council. She noted that he Commission is not going to be submitting a recommendation list this year, but should identify based on the new Ordinance how they want to proceed. She will also distribute a handout of top priorities that staff will be working on in addition to the access to Kukuiula Bay and Kauapea. She will be working with the Motorcycle club and the Public Land Trust for the Piwai recreational area and will be trying to engage Tom Shigemoto from A&B. She met with Bertram Alemeida about a week ago who noted that Ron Victorino will no longer be working on that project. Mr. Almeida felt it was important to move on it because the zip line is already active, mauka of that area. He would like to work out some kind of partnership that will be beneficial for both operations. She stated that she will also be working with Parks and Recreation Department for Salt Pond park expansion. She provided an updated list of priorities. Chair Childs questioned if the State had been contacted regarding Salt Pond. Deputy County Attorney Jung stated that Deputy County Attorney Trask is working on an issue with Salt Pond. It looks like it is State property but there may be the possibility of doing some type of study. 3 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes Commissioner Evslin questioned why the Kaneiolouma Heiau was crossed off the list. Ms. Sadora noted that communication is ongoing with Mr. Rowe,but the project is on its way. Their group wants to be able to manage the negotiations for the Nukumoi property so they are acting as the champion and will be updating the Commission. She did not think they were ready to move on it yet. Chair Childs questioned the size of the Nukolii area. Deputy County Attorney Jung stated that it ends where the rocks are at playgrounds all the way to where the golf course begins. Commissioner Lydgate stated that the stream is a very important and valuable body of water. Captain Cook would have liked to collect the fresh water there,but he couldn't get across the reef. Chair Childs referenced the 100 acres dedicated to the County in 2010. Deputy County Attorney Jung stated that it was some kind of buffer. They were proposing to develop Phase II but he hasn't seen any plans yet. Ms. Sadora stated that she provided the previous field trip photos so that the Commission could compare the changes from then until now. Regarding the criteria that Commissioner Figaroa mentioned to the Council, Ms. Sadora stated that he mentioned historical use, current status, community concerns, cultural impact, and community support. Councilwoman Yukimura suggested keeping loss of opportunity in mind. She felt that the Hoone Road parcel was a missed opportunity for the expansion of Poipu Beach Park. She also suggested value of resource to the community. Chair Childs stated that if the Council raised the percentage allotted to the fund from .5% to 1.5% it would help. Deputy County Attorney Jung noted a Bill was introduced by Councilwoman Yukimura that was up for first reading two weeks ago. The problem is the Charter sets it at a minimum of .5%. The Council wants to raise it to 1.5%. He noted that they can still go higher if they want. The idea behind the intent of the Ordinance was that every fiscal year they would look at the revenues from the Real Property taxes. Commissioner Lydgate stated that the revenues have declined in the economy. Deputy County Attorney stated that one would think that is the case due to the values of properties,but he was uncertain. Chair Childs requested the minutes of the Council Planning Committee meeting. 4 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes Commissioner Evslin clarified that the Commission was supposed to be working on developing new criteria for recommendations. Ms. Sadora stated that they should develop criteria to be in alignment with the new Ordinance. Commissioner Lydgate stated that it is difficult because they can't obtain up to date park planning information for Salt Pond. He questioned why they don't have anything. Ms. Sadora stated that Parks &Recreation is going through a master plan, but there is no plan for the Salt Pond area specifically. Commissioner Evslin noted that they left the last meeting without direction on the objective criteria. Ms. Sadora stated that the Commission was looking to re-evaluate the selection process. They decided that they should not go with percentages. The homework was to think about how to re-categorize their selections. The recommendation list has been done differently every year, not consistently using any particular format. They kept the nine categories,but outside of that, they used personal preference, what was mentioned at community input meetings, and support they got for it. Commissioner Evslin questioned if they should be trying to change that method. Ms. Sadora noted that the five current recommendations have drivers behind them. For Piwai, there are the motorcycle clubs. When Commissioner Ventura was still on the Commission, there was the possibility of staff being the champion to start communications with funding sources. That would mean that there would be another plan in addition to the other two plans already at Council with communication, dialog, and an outline of the steps to be taken. Salt Pond may be different, because there was strong support from the Mayor. Staff may be the keeper of information with the Mayor as the driver. He has the control at the moment with the current communications. Commissioner Gegen stated that he sees it as an opportunity to work together to reinforce the Mayor's efforts. Ms. Sadora stated that they asked to be included in ongoing communications. Commissioner Lydgate questioned the idea of prioritizing. He stated that on the last field trip they visited the Hoone Road parcel, but it wasn't community driven. He felt that should be the emphasis and would submit that it should be one of the most important criteria. Ms. Sadora stated that Mr. Almeida is aware that the Open Space fund is minimal to the cost of the purchase for Piwai, so they will need to be the driver for other partnerships and for 5 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes engaging with Hawaii Public Land Trust. If it were not for their push to make it happen and be the voice of the community, they may not have gotten the support from the Land Trust. They are working on formulating a package. Commissioner Gegen stated that he agreed with Commissioner Lydgate that it is important to have community helping to drive the project. He questioned how Piwai would benefit him as a community member and if it would be open for any visitor at any time to utilize. He felt that the Commission's role would be to look out for everybody. He referenced Councilwoman Yukimura's question regarding the value of the resource to the community. He questioned the value of the motor cross community versus island wide value. He referenced former Commissioner Souza's vision for the possibility of cabins or a park area. If that were part of their plan, he would be more open to it. Otherwise,he would prefer to see their resources going to Salt Pond Beach expansion because visitors can use it as well as community members and it is open to anybody. That is an important aspect of the criteria. With the revision of Ordinance 812, they should be looking at making sure that every beach access on the books is available. Commissioner Nakahara noted that they should also be looking at mauka accesses. Commissioner Gegen stated that it is good that Piwai has a vocal group and are taking things into their own hands and he has no problem in assisting them,but he wouldn't put that down as one of their priorities because of the limited value. Ms. Sadora noted that they assess value when making their recommendations each year. It is based on everyone's opinion as to how they arrive with the priorities. There is usually 3 months of discussion and then the Commission votes. There will always be a criteria list that is followed, but it will not always be what is used for the final recommendation list. Chair Childs stated that every year they have to rebuild the mouse trap. Commissioner Gegen stated that the Commission's name starts with Public Access so he questioned if there would be public access to Piwai. Chair Childs stated that one of the reasons they got involved is that the group gave a great presentation. Even though it is backed by the motorcycle community, they were proposing that land to be opened for hiking trails. It is a giant chunk of interior that could be preserved in perpetuity rather than developed even though he would probably never go up there. Commissioner Gegen stated that if they are assisting with that process, he would want that public access be an integral part. Right now there is a gate and it is inaccessible. If it were opened for access to the interior then he can get on board with it. Chair Childs stated that the Commission is looking to help in any way they can. He feels that the Commission is here to save open spaces. If they can get a chunk of property like that versus 3,000 square feet in Poipu, he is all for it. 6 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes Commissioner Evslin stated that he agreed with Chair Childs. It seems like community support should be one aspect, but it shouldn't be the end all. Because open space, and natural resource preservation is in the mandate, many of the spaces may not have any community support. He hesitates to have community support as the top of the list. Chair Childs stated that the Commission has to balance every year and try to rebuild the mouse trap. At first it was great, then new people come in and tried to do it better,but essentially it comes down to the same thing. They are subjective and it comes down to what they feel in their heart, but they can try to be as objective as possible. Commissioner Lydgate stated that the Latin word for community comes from the word munus from which you get the word ammunition; people wanting to do something that gives it ammunition or power. Ms. Sadora stated that she is discussing an internal rework with the Planning Director. In 1991 there was a private consultant hired to go through public records to identify public accesses. They were outlined into existing accesses, desired accesses and potential accesses and will be revisited to determine the current conditions are and if they are available. The north shore has the most marked public accesses,but there is dialog regarding proper signage. As the Commission evaluates their criteria on how to bring their recommendations forward for next year, it may be something that can be updated. Deputy County Attorney Jung stated that the problem with the list is that it is not definitive. It is still open to questions. Ms. Sadora stated that they were documented but there may have been issues. She referenced the Opala list that still has not had any movement due to challenges. One of them was Papaa Bay. She did not know what the best solution would be,but it would be good to at least update the current status. Commissioner Nakahara stated that once the Commission prioritizes, beach accesses or public access do not necessarily deal with fiscal situations. He noted that he was also impressed with the motorcycle group's presentation for Piwai. There is no current legal place to ride on the island, so people are doing it illegally in areas such as Kokee. The motor cross group is trying to push for legal motor bike riding. He noted that he doesn't ride either, but he likes that idea. The Commission's only acquisition was the Hodge property, but it is still in limbo due to the County's acquisition of the parcel mauka. He agreed that the Commission needs to prioritize what they want in terms of acquisition, public access, and historic preservation. They have a lot to decide because they don't want the use the percentage criteria. Commissioner Evslin suggested separating public access and open space and then each will have criteria and be reviewed. Something may be timely but may have no community support, or could have community support but no time restriction. He feels that each needs a lot of discussion and at least 10 criteria they can review each recommendation against. 7 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes Commissioner Gegen agrees that it would be great to have one list of public access such as Hoban, and Papaa Bay, and then another list from a historical perspective such as the Kaneiolouma. Anything the Commission can do to help maintain them should be a priority. Commissioner Lydgate agreed that if the groups like Kaneiolouma can do it, the Commission should support them, but the Commission shouldn't have to do the work. Commissioner Gegen stated that they could include those kinds of projects on the list for historic preservation and have the groups come in once a year to update the Commission. Commissioner Evslin stated that a good first step would be to agree on the criteria and maybe it would different for accesses and for open spaces. Commissioner Gegen agreed that timeliness should be one of the criteria for acquisitions such as Piwai with an indication that it is becoming timely because of whatever facts. Poipu might have been timely because it was for sale, but that is just one aspect which could either raise or lower it. Chair Childs agreed that public access and open space can be separated. Hoban, Kauapea and Piwai are totally separate things. Commissioner Gegen stated that the heiau can fall under historic/cultural. He questioned if significant habitats or ecosystems would be pulled out of open space. Chair Childs stated that he would consider Salt Pond to be open space, but also natural resources. Commissioner Evslin noted that they could all fall under ecosystems. Chair Childs noted that any chunk of land is an ecosystem. Ms. Sadora stated that it is the Commission's call as to what will help them to function the easiest. She could create a PowerPoint and update it as they go along. Chair Childs suggested large sheets of paper; one for public access and one for open space. Ms. Sadora stated that they will have it posted at the meetings and the Commission can add to it as they dialog. Chair Childs suggested a separate sheet that lists the criteria. Commissioner Gegen agreed that it would be good to display them at each meeting to remind them of the criteria. He noted that they added timeliness as a potential criterion. He 8 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes noted that criteria 7 & 8 have to do with disabled and public access. They should look at each of the accesses and see if they meet those criteria. He questioned if the access to Kukuiula Harbor would be available to persons with disabilities. Chair Childs questioned if it falls within the Commission's purview. Deputy County Attorney Jung stated that there are certain exceptions under the ADA provisions that allow for trails not to be up to ADA code,but it depends on the context. If they make improvements, they may have to make them ADA compliant, but it all depends on the level of improvements. Ordinarily all beach accesses are through relatively rugged country, so it's virtually impossible to make them compliant. Ultimately it would come down to the agency that would assert control of it. It is an easement then it would be Public Works, and if it is park land then it would be Parks & Recreation. The Commission identifies the area and the department would manage. Commissioner Evslin suggested using the criteria and then rating them as low, medium, or high without adding them up,but just as a visual reference. Chair Childs stated that the criteria Commissioner Figaroa laid out are a good place to start. He also felt that one list for accesses and one list for open space will be good to have up at the next meeting so they can add and update as needed. He requested a list of the criteria bullet points that they can take home and write notes on. Commissioner Gegen stated they have to be sure it fits into their Charter criteria, but it could also include much more. Executive Session. This executive session is being held 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 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. Deputy County Attorney Jung suggested that if the Commission would like to wait for the other Commissioners to be present, he will be meeting with planners tomorrow and could provide more of an update at the next meeting. The Commission decided to wait until the next meeting to have a full update and more information. 9 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes Update on vacant commissioner positions. Commissioner Lydgate noted that Tommy Noyes is interested and would be a terrific Commissioner. Ms. Sadora stated that Council Services will be issuing a press release and requested any suggestions from the Commission. She noted that both vacancies were Council appointees and she will mention his name to the Council. NEW BUSINESS Discussion of itinerary and logistics for upcoming field trip to the north shore including sites recommended in the Commission's reports to the Kauai County Council and the Mayor. (Public input may be offered at this time.) Ms. Sadora questioned the desired date of the field trip. She noted that the date for the Commission education workshop was on November 16. Deputy County Attorney Jung noted that one of the presenters may be traveling so they may have to push the workshop back to January. Ms. Sadora noted that the next meeting is November 8 and the following meeting will be on November 29. Chair Childs stated that he would be okay with November 29 for the field trip. Commissioner Gegen noted that he will not be available on November 29. Ms. Sadora noted the meeting after that will be on December 13. She recommended involving as many Commissioners as possible. Commissioner Dela Cruz was not available during the last north shore field trip so none of the present Commissioners have been to the north shore. She stated that there is an investigation ongoing for the access at Cliffs at Princeville since the access is currently blocked. The owners of the Cliffs allowed the access but it wasn't actually designated as a beach access. It may be good for the Commission to look into. Deputy County Attorney Jung stated that if there is one other complaint that has been filed and rectified. Ms. Sadora stated that there are a lot of issues in this area still ongoing. She questioned if everyone will be available in December 13. The Commission agreed to target December 13 as the north shore field trip. 10 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes Ms. Sadora noted that the Commission may want to see where the accesses are at Kaakaaniu. The Commission usually convenes at 8:00 a.m. and leaves for the field trip by 8:30 a.m. They usually return by 4:00 p.m. to reconvene and adjourn. Commissioner Evslin questioned if he could be picked up in Kapaa. Ms. Sadora noted that there would need to be quorum to convene the meeting. Deputy County Attorney Jung stated that another possibility would be to post the meeting at the Kapaa Neighborhood Center. He noted that it has to be open to the public. Ms. Sadora noted that they will target December 13 at Kapaa Neighborhood Center. If there were other sites the Commissioners want added to the list, she requested that they let her know. She will request CZM Inspector Les Milnes attend. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Childs stated that the update on vacant commissioner positions and executive session should be continued on the next agenda. They will have the criteria list made up and posted. He stated that the new commissioner orientation packet can be taken off the agenda. Commissioner Gegen stated that they will come up with the criteria, identify the properties under that, and add extenuating timeliness to start classifying. He questioned the public outreach for next year. Chair Childs stated that it can fall under the criteria. Ms. Sadora stated that when they presented the report to the Mayor, he liked going into the community for participation. The Mayor suggested having other representatives from the County available to answer questions not related to open space. Chair Childs agreed that it is the public's opportunity to talk to the government. If it is only a narrow field, they don't understand. Ms. Sadora stated that even when it is explained, they still want to discuss other agendas. The Mayor was open to having other resources being available. Commissioner Gegen stated that the Mayor is planning to go out to the various community centers next year and suggested coupling and taking input at those meetings. Ms. Sadora stated that they usually like to keep those agendas separate. He was suggesting the Commission does their own meetings with the proper people behind them. 11 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes Commissioner Gegen stated that he wasn't suggesting that they do a lot of presenting, just explaining the properties they identified and if there are other suggestions they can come to the table. He stated that there would probably be a better turn out at those meetings. Ms. Sadora agreed that engaging enough feedback was always a problem. She noted that they also attended community meetings with a table but they have not done all of them. It can be part of the dialog when determining the criteria. Chair Childs noted the next meeting is on November 8. Deputy County Attorney Jung stated that if they are unable to coordinate all speakers for the open space workshop, another option would be to have one perspective at a time. He will discuss it with Ms. Sadora. Chair Childs stated that the workshop would either be the last meeting in December or in January. Deputy County Attorney Jung stated that most commissions do not meet the week before Christmas due to travel, but it is up to the Commission if they still want to meet. Ms. Sadora stated that the schedule was decided with a different Commission. They can revisit the meeting dates at the next meeting. ADJOURNMENT Chair Childs adjourned the meeting at 2:43 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 12 VA2012 Master FilesTomrnissions\Open Space\Meetings\2012-10-14 Minutes