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HomeMy WebLinkAbout2014-10-9 Open Space Commission Minutes Approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date October 9, 2014 Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/2B Start of Meeting: 12 : 55 p .m. End of Meeting: 3 : 04 p.m. Present Chair Joseph Figaroa; Vice Chair Patrick Gegen; Members : Dorothea Hayashi, Teddy Blake, Karen Ono, Randall Blake, Ivory McClintock (entered 1 :43 p.m) Also present: Deputy County Attorney Ian Jung; Planning Department Staff: Nani Sadora; Boards and Commission Support Clerk Cherisse Zaima Excused Linda Dela Cruz; Luke Evslin Absent SUBJECT DISCUSSION ACTION Call To Order Chair Figaroa called the meeting to order at 12 : 55 p .m. with 6 Commissioners present constituting a quorum. Approval of Vice Chair Gegen noted the presence of a member of the public Dr. Lee Agenda Evslin, and requested Item G.2 . New Business as the first item of business . Chair Figaroa agreed to take the meeting out of order as requested by Vice Chair Gegen. Announcements Approval of Minutes of June 12, 2014 Minutes Minutes of June 26, 2014 Minutes of July 24, 2014 Minutes of August 4, 2014 Minutes of August 28, 2014 Chair Figaroa asked whether these minutes were present at the last meeting, and if not, where are they. Ms. Sadora explained that the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 2 SUBJECT DISCUSSION ACTION Commission Support Clerk who usually does the minutes is out today, and they have not been able to confirm with her the status of the minutes. Ms . Sadora stated she thinks the minutes were deferred at the last meeting, but she cannot recall for sure; however, she noted the minutes have not been produced. Vice Chair Gegen stated he recalls that they were deferred, and would move to defer again since they have not had the opportunity to Vice Chair Gegen moved to defer the meeting review them. minutes . Ms. Ono seconded the motion. Motion carried 6 : 0 Receipt of Items There were no receipt of items. for the Record New Business G.2 .Discussion with Dr. Lee A. Evslin recommendation #4 of the 2009 Annual Report to the Kauai County Council and Mayor Bernard Carvalho, Jr. TMK-4- 1 -3 -005-053 Lee A. Evslin and Monica C. Evslin Trust Dr. Evslin noted he did not actually plan a presentation. He explained that they have a parcel of land in Kekaha on the ocean that is 1 .3 acres of open, attractive land that they have owned since 2005 , and dreamed of living there at one point; however, they will not be doing that now. Burials were discovered there after they acquired the land, which were not original burials, but bones that had been moved from the adjoining lot; both lots had been owned by the Knudsen' s . The Evslin lot is actually two fishponds that had been used to raise tilapia, which were not Hawaiian-era fishponds, but from the Plantation era. At some point when the tilapia were no longer needed, the Knudsen' s decided to fill in the ponds. Dr. Evslin stated he had heard that a person named Willy Martin, a westsider who worked for the Plantation, had kept a horse on the property to move sand dunes from the adjoining lot into the ponds, and on the first day found some bones. Mr. Martin called his supervisor who then called Joseph Malama, and the bones were wra pped in ti leaves, and put in the front Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 3 SUBJECT DISCUSSION ACTION pond. It is not known how many remains were moved, but they do know where they are, and have aerial maps from when the ponds were there, and when they were filled in. it is evident where the ponds are in relation to the Manager' s house next door where Joe Kouchi lives. He noted that other members of the Knudsen family have lived in that house though they do not know when it was owned by the Plantation. Dr. Evslin stated that they do know exactly where the pond is, and where the remains are located, which is in a setback that can' t be built on anyway. However, it does make it a different kind of piece of property in that they contain reinterred remains. In 2009, the Hawaii Public Land Trust asked whether the Evslins would ever consider having that become public domain, and taking everything into consideration, the Evslins felt that the best use of the land would be not for a house, but to be public. The property is adjoining another lot, which Knudsen heirs still own, and that is about 3 .4 acres; his understanding is the Knudsens would like to sell it, which would offer the possibility for the County to acquire both pieces of land, which would be a fairly large piece. Dr. Evslin noted some erosion problems for which aerial maps of the erosion are available. A point of interest is they did a sand bypass where they moved 80 cubic yards of sand from the east side of the small boat harbor to the west side, and now the beach area is growing larger. His understanding is they will periodically be continuing to move some sand, but he is unsure what the long term effect will be. From what he understands, the land was once 1 . 6 acres in the 70s, and is now considered 1 .3 acres . Dr. Evslin explained they did an archaeological survey once Mr. Martin told them his story. Scientific consultant services were hired, but they were unable to find any new information, but there is a formal review of Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 4 SUBJECT DISCUSSION ACTION whatever is known, Dr. Evslin stated he spoke to a lot of people, including Paddy Boy Malama, to see if he could confirm the story, but Mr. Martin made a statement under oath, and to the best of their knowledge, there are some remains there in the front fish pond. Pictures and descriptions of the piece of property are available, but he was unsure what was of interest to this body, and is willing to answer any questions . Chair Figaroa requested Staff will provide copies of the pictures to the to view the pictures . commissioners . Chair Figaroa asked if it is frequently used by the public, noting the report mentioned the beach area is growing. Dr. Evslin explained it was covered in kiawe, and was inaccessible from their property; the neighboring property is chained off. The only way to get there was by driving around it on the beach, which was done fairly regularly. The Evslins cleared the lot about a year ago, removing the kiawe, noting that when the tree trimmers came in to do the work, they ended up making a track straight from the highway to the beach. Because the Evslins live on the east side, they did not want to be the type of land owners who fence off the access, so they left it open. However, the result has not been very good as it is heavily used at this point with people camping though there are no bathrooms or facilities there. They have received anonymous complaints that the beach is being used for drug deals, and other activities. When Dr. Evslin has gone down there he has encountered fisherman, or children swimming, but three days ago the neighbor called to report that someone has started to camp next to his property, and is gaining access through the Evslin property, which was not acceptable to the neighbor. Dr. Evslin reported they have just recently put some posts and a chain up, which they did not want to do, but also feel they need to listen to concerns. He spoke with the neighbor about the County looking at the lands, but his response was that he would rather it be a house. Dr. Evslin feels an open area that is taken care of can work out Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 5 SUBJECT DISCUSSION ACTION okay. In the last nine months the property has become a very public place, and the last thing he wants to do is tell people they cannot go down there, noting there is not much beach left in that area. Commissioner T. Blake asked where this property is located exactly to which Dr. Evslin explained it is in Kekaha just before the highway hits the ocean. A map was provided for reference. Dr. Evslin pointed out on the map the areas where the fish ponds are located, and where the bones are known to be. Commissioner Hayashi noted Aletha Kaohi knows a lot of history to which Dr. Evslin stated he thinks he has spoken to her, and will refer back to his notes. Deputy County Attorney Jung noted that the archaeological survey would detail the consultations with various people in the community. Dr. Evslin provided the report for the commissioners to view. Chair Figaroa asked whether Dr. Evslin' s vision for the property should it become public domain is for it to become a beach park area. Dr. Evslin replied yes, though he is unsure what it takes to bring it to that level. (Dr. Evslin was not speaking into a mic. Part of the discussion is inaudible.) Chair Figaroa asked what the purchase price is to which Dr. Evslin replied it is for sale for $ 1 .2 million, but it has not been appraised for quite a while. The last appraisal was done around 2008. They would be willing to accept the appraised value. Chair Figaroa asked to clari fy that if the appraised value is at $ 1 .2 million, they would be willing to sell it, but if it is lower, he would be more hesitant to do so to which Dr. Evslin replied yes. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 6 SUBJECT DISCUSSION ACTION Vice Chair Gegen stated it was mentioned that at one time the land was at 1 .6 acres, but is now at 1 . 3 , and asked if that was due to erosion to which Dr. Evslin replied yes, noting he has aerial views of the erosion if the Commission wishes to view them. Chair Figaroa asked what the estimated erosion rate for the parcel is. to which Dr. Evslin stated it is high, as much as several feet per year, but only for the short stretch behind the boat harbor. Attorney Jung informed the Commission that there is an ongoing contested case regarding this matter — the Beckinfield case — where the State is working with the Army Corp. of Engineers to look at all the erosion issues out there due to the improvements to Kikiaola Harbor. Attorney Jung can provide the latest updates on that should the Commission wish to move forward. Chair Figroa asked to clarify whether it is still eroding to which Attorney Jung replied the annual coastal erosion rates provided by Dr. Chip Fletcher to the County in 2007 are a scientific best guess, but it is not an exact science. However, those estimates are utilized to calculate setbacks. They do not anticipate the erosion eating away 2 feet a year, but they use that rate for a planning horizon of where a structure is set back from the shoreline. Dr. Evslin stated he thinks they finished the movement of the 80,000 cubic yards of sand, so the beach in front of the Chinese cemetery is about the size of a football field. Commissioner Hayashi asked whether there was any hard rock present, or if it is all sand, questioning what kind of terrain the parcel has, and how far back the sand goes. Dr. Evslin stated his impression is the whole lot is basically sand, with very little rocks. Commissioner R. Blake noted the 2009 Annual Report lists two Tax Ma Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 7 SUBJECT DISCUSSION ACTION Key numbers, one of which is 4- 1 -3 -005-054 at 0. 002 acres . He asked if this parcel is included in this discussion to which Dr. Evslin replied yes, and explained the reason it is listed that way is because it was a remnant from across the street that has been cut off by the highway. They can have that section redefined. Chair Figaroa asked to clarify that when the Evslins purchased the property, they had to also purchase that remnant as well to which Mr. Evslin stated yes, it came all together. Dr. Evslin noted all of the documents, maps, and photos he has available Staff will make copies of all items requested by for the Commission if they would like to view them. the Commission. Commissioner T. Blake stated the County does not usually get these kinds of offers, and it is nice to see that there is still some Aloha out there, noting the west side does not get as much attention as the south, east, and north shores get. He thinks it something worthy of consideration, especially since the land owner is not out to just make a buck off the County. He feels the Commission should look into this very closely. Vice Chair Gegen echoed Commissioner T. Blake's comments, and added it is a nice piece of property that people are already utilizing, and would be good if they could continue to do so under more controlled circumstances to ensure the neighbors are happy as well. He does see the value in the Commission following up on this matter, and possibly put an acquisition plan together if that is what the Commission agrees upon. Dr. Evslin pointed out -that when they discovered the burials on the property, they returned to the Knudsen heirs to express how that changes the nature of the property, and asked if they were willing to negotiate even a sliver of the adjoining lot. However, they did not receive a very friendly Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 8 SUBJECT DISCUSSION ACTION response, which resulted in a mediation settlement. Commissioner T. Blake asked if the property was purchased from the Knudsen Estate to which Dr. Evslin replied yes, from one of the heirs, noting the Estate was broken up among all the heirs. Vice Chair Gegen suggested the Commission ask Attorney Jung to look into speaking with the Knudsen family next door to see if they are interested in selling their property, which would offer a much larger area for the County to maybe able to develop into a park, or other usable piece of property. Commissioner Hayashi stated since Kekaha has lost a lot of beach land, this is great opportunity, but she questioned wouldn't it be good to get the community' s input on how they should go about developing the property. She feels they should have the community' s support in what they would also like to see happen. Chair Figaroa agreed, and stated he did not realize how limited Kekaha really is with beach parks . Commissioner R. Blake stated he would prefer they speak to the Knudsen' s first, and once they determine whether or not they are willing to sell their land, they can obtain community input. Commissioner T. Blake asked what happens if the Knudsen's are not agreeable, noting he does not want to lose this opportunity to which Commissioner R. Blake replied then they can go ahead and proceed. Vice Chair Gegen stated it is better to know the full potential in what they could acquire. Commissioner Hayashi asked if they could also ask the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 9 SUBJECT DISCUSSION ACTION Land Trust for help so they can preserve some of their funds as well. Attorney Jung explained the process for the Commissioners ' information. He stated if they do have a willing land owner, and a negotiated land sales agreement, they would begin the dossier process. Ms . Sadora could begin doing the work up for the land acquisition plan, and have the dossier be brought to the Commission to allow for community outreach at that point if they wish. Should the Commission adopt the dossier, and refer it to Council, the matter would be introduced as an ordinance, noting that an ordinance is required to spend the money in the Open Space fund. The process of the ordinance would involve a first reading, a committee with a public hearing, and a second reading for final action. It is a long road, but the first step is to do the land acquisition plan if the Commission wishes, and then voting on whether or not to send that up to Council. In response to Commissioner R. Blake, Attorney Jung stated it would likely start in the Planning Committee of the County Council . Commissioner R. Blake asked if there were any zoning issues to look at to which Attorney Jung replied that would depend on the types of improvements that go in. Once the property becomes an asset of the County, Parks or Public Works can decide whether or not they want to incorporate it, and from there determine what regulatory permits are required. Vice Chair Gegen noted ultimately this body' s role is only to either recommend purchase of the property, and recommendation for what to do with it. However, the County will decide what to do with it. Commissioner R. Blake stated he would like to ensure before they recommend its purchase that it could be appropriately used. Attorney Jung explained they could put a deed restriction on it to state it be used for Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 10 SUBJECT DISCUSSION ACTION recreational or park purposes. There are certain requirements under the code that it be for open space, natural resource, or recreational use, but the deed restriction can specify what to use it for. Ivory McClintock entered the meeting at 1 :43 Chair Figaroa stated that from here the acquisition package, should they p.m, decide to approve it, would go directly to Council. He asked what if they decide as a body that they no longer want it to go to the Mayor' s office, but rather directly to Council since they are, after all, direct advisory to . Council. Attorney Jung clarified that the Open Space Commission is actually an advisory to the Planning Department, and this body' s recommendations come through the Planning Department as advisory to the County Council . Chair Figaroa asked if there is a reason why it has to go to the Mayor' s office prior to going to Council, and questioned why it cannot go directly to Planning, and then directly to Council. Attorney Jung explained this has been a protocol issue they have been dealing with. Chair Figaroa questioned whether that is something Administration enforced, noting the Open Space Commission is a separate body. Attorney Jung replied no, they are a body within the Planning Department, who is under the Administration. Chair Figaroa stated that this body makes its own decisions to which Attorney Jung stated they make decisions and recommendations for the Planning Department, and operate under the umbrella of the Planning Department. Chair Figaroa questioned whether the Planning Department tells the Open Space Commission how to operate to which Attorney Jung replied no, the Open Space Commission rules tell them how to operate. Chair Figaroa stated he would just like to clarify because he feels that it' s a waste of time, and questions why it should have to go to the Mayor. He noted that he is fairly certain that if he asks the Council directly and openly, they will ask why he not just come to them directly, and questioned whether his response will be "because the Mayor Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 11 SUBJECT DISCUSSION ACTION said we're under his branch. " Attorney Jung stated the County Council members understand that their role is the legislative process, and there are certain actions they take as such. They have a prohibition within the Charter not to interfere in Administrative matters . He understands the frustration with the red tape. Chair Figaroa explained the reason he thought about it is if for some reason other projects turn into willing land owners, it would still have to go through the Administration, and what if it gets killed at that level . Attorney Jung stated he does not think that has happened yet, but they will have to cross that bridge when they get there. If it gets hung up, they as a body can request the Administration come before them to explain their position on the issue. Commissioner Hayashi asked what the liabilities to the County are if something is left as an open space with no facilities . Chair Figaroa stated it is the same. Attorney Jung stated not necessarily, but they are having the executive session on liabilities today. Dr. Evslin stated he had a clinic in Kapa` a that had open space behind it, and people were using their clinic as facilities behind the wall. They complained to the County, who then installed port-a-potties, which made a big difference. There does seem to be the ability to put in temporary structures to mitigate that. Vice Chair Gegen moved to have Staff begin the process of creating the acquisition plan, and to contact the neighboring Knudsen family to obtain a response. Commissioner T. Blake seconded the motion. Motion carried 7 : 0. G. 1 . Presentation by Commissioner Gegen on attending the 2014 Hawaii Congress of Planning Officials Conference held on Maui September 10- 12 , 2014 ' I Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 12 SUBJECT DISCUSSION ACTION Vice Chair Gegen provided an overview of his attendance at the conference, noting there were a number of things that were applicable to the Open Space Commission, and it provided a more in-depth understanding of different Planning issues such as Complete Streets, Safe Routes to School, etc. It was amazing to see what some cities have been able to do . The first workshop he attended was Preserving Historic Treasures Facing New Environmental Realities, which talked about things that are applicable to the piece of property they had just discussed that may have historic iwi. Appropriate decisions have to be made with regard to these possible historic items. It also talked about dealing with sea-level rise and storm events that may be coming forward in the future, and what to do with the heiau near the ocean. Another workshop was Creating Real Places for Real People, which talked about a place as where you live, and not just a bedroom community. He attended a Farm and Land Use Imperatives workshop, which talked about smaller farms, and how many farmers have to have fruit stands in order to successfully run their business, which is considered a semi-commercial operation, and how they must allow some flexibility on ag land. The final workshop he mentioned was Hawai ` iIs Plantation Economy Planning Tools for Preserving Agricultural Lands, which talked about land policies. He commented the presentation he liked best had to do with planning for the future in terms of population growth based on pro-creation. Commissioner R. Blake asked if they had decided on a targeted growth- rate, to which Commissioner Gegen explained how Toronto is looking at ways to change zoning to have higher zoning levels closer to the city core to help promote the sustainability of that kind of growth. Kauai is doing similar things, but on a much smaller scale. Commissioner R. Blake stated i Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 13 SUBJECT DISCUSSION ACTION everyone says they do not want growth, but that would require curtailing procreation, which is not something people would be in favor of Therefore growth rates need to be looked at, and calculations made accordingly. Attorney Jung stated an economic study was done on growth as a part of the text study for the General Plan, and from what he understands, while growth is increasing, there is also a large departure from the islands so a large growth rate is not anticipated; it's been calculated at 1 .5 to 2 percent. Chair Figaroa asked Ms. Sadora why they can't have all the commissioners attend every year to which Ms. Sadora replied it is based on what is budgeted for each year; other Commissions typically send two commissioners to these types of yearly events that would benefit the Commission. Chair Figaroa stated there was a wealth of information provided via the workshops, but much of the information also came from other conference attendees who shared what they are doing in their counties, many of which relate to what Kauai is facing. Chair Figaroa stated his takeaway is that every Planning Department needs a vision, without which you are just planning for what is currently there, and it ' s very short sighted. While there may be a General Plan, every vision must j coincide with the culture in that area; Hawaii has numerous different cultures, and the downfall is that many plans only address one culture. He noted that on Kauai people who live in Lihu` e are different from people who live in Kapa` a. Chair Figaroa stated he concurs with everything Vice Chair Gegen expressed, but wished everyone could have been there. Commissioner McClintock asked if they met anyone at the conference that Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 14 SUBJECT DISCUSSION ACTION they felt could be beneficial to bring to Kauai to speak with the Open Space Commission. Chair Figaroa replied not really, as many of them were from major cities, which Kauai is not. Vice Chair Gegen added that a number of presenters had previously been brought over by the Planning Department to talk about Complete Streets, and Safe Routes to School, etc. He feels the Planning Department has done a good job of keeping everyone in the loop. Ms. Sadora stated many times the presentations given at the conferences are made available by the host county. If the commissioners hear of anything they feel will benefit the Commission, she encouraged them to bring it forward, and they will see how they can work the budget to allow for it. The Planning Director will have the final say as he will be the voice of support when he makes the budget request to Administration. Vice Chair Gegen stated in two years the conference will be back on Kauai to which Ms. Sadora pointed out the conferences held on Kauai are open to all commissioners to attend; outside travel to other counties is where the budget is limited to two . Ms . Sadora shared her takeaway from the conference as similar to Vice Chair Gegen's and Chair Figaroa's experiences. Ms. Sadora stated the presentation given on the last day highlighted Wailuku town, and its revitalization back to being the main town core that people will come and visit. Currently, Lihu` e has become a town where people come to take care of what they need to do, and then leave; they spend the least amount of time there. It used to be a place for people to spend the day and hang out. Wailuku is trying to restore that there, and have had many businesses Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 15 SUBJECT DISCUSSION ACTION reopen there. Ms . Sadora used that as an example of what they can do on Kauai to do the same type of revitalization. Commissioner Hayashi stated she has been trying to get the Uu` e Town Core report to which Ms. Sadora stated there is a website available to view that. Commissioner Hayashi requested a hard copy as she is not very Staff will provide a printed copy of the U hu` e comfortable with computers. Town Core plan as requested. G. 3 Executive Session. Pursuant to Hawaii Revised Statutes Section 92-4 and 92-5(a)(4), the Office of the County Attorney requests and executive session, on behalf of the Open Space, Public Access and Natural Resources Preservation Commission, to consult with the County' s legal counsel of questions relating to liability regarding public beach accesses and other related matters. This consultation involves consideration of the Commission' s power, duties, privileges, immunities, and/or liabilities of Commissioner T. Blake moved to enter into the County of Kauai executive session. Vice Chair Gegen seconded the motion. Motion carried by roll call vote 7 . 0. The meeting recessed at 2 : 01 p.m. Return to Open The meeting resumed in open session at 2 :43 Session p0m, Unfinished F . 1 . Review and discussion on past recommendations and prioritization of Business the Commission' s work plan/timeline of events and activities Chair Figaroa requested this item be deferred to the next meeting. F .2. Update on recommendation to County Council for condemnation resolution for a portion of TMK (4) 2-6-003 . 017 to obtain a pedestrian public beach access easement to Kukui `ula Bay through the former Hoban property and discussion on alternative pedestrian public beach access . .. _...._ . . Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 16 SUBJECT DISCUSSION ACTION options to Kukui ` ula Bay Ms . Sadora stated at the last meeting they had, it was determined the packet that was previously being held by Administration would be sent to Council, and since that has just occurred, there is no new update on anything yet. Chair Figaroa asked when the packet was sent to Administration to which Ms . Sadora replied she has to confirm with Attorney Jung as he was working on it. She noted at the last meeting, he had received approval through Administration and through the Planning Director that they wanted that same packet to go to Council . This body voted to make that happen. She noted that Attorney Jung is managing that process, noting the resolution that is part of that packet. Chair Figaroa asked whether he had put together that list they had discussed to keep the Commission informed of the dates that certain things are sent, along with an update of where it is at. Ms. Sadora stated that is something that they will leave as a standing item as it will be part of the Commission' s continual recommendations. She noted they just changed out her computer, and it is a very different navigation to where things are, so she is currently working on recreating that list, and going through all of the minutes and agendas. She commented she believes the Commission requested that at the second meeting in June, and the list will begin from then up until the current meeting. It will be available at the next meeting. F.3 . Discussion on request from Council Chair Furfaro dated February 5 , 2014 regarding access to Kilauea Falls located on Tax Map Key_(4) 5-2- 012 : 035, being placed on the Open Space Commission' s priority recommendations list. • Update on letter submitted to Charles Somers and/or his representatives regarding a right-of-entry request to enter property identified as Tax Mpp Key 4 5-2-012 : 035 to do a limited meeting Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 17 SUBJECT DISCUSSION ACTION site visit with the Commission to Kilauea Falls and right of enteX request regarding P- 1 easement Chair Figaroa asked for clarification as to why they are requesting access to P- 1 if it already belongs to the County. Attorney Jung explained it is because they may need to enter the Somer' s property to access P- 1 as it may be overgrown; they have an idea of where it is, but it is difficult to determine for sure on the ground. Chair Figaroa asked for clarification that because it was not maintained, and because it fell through the cracks they now must ask for permission to go onto their own property, in the event they accidentally enter someone else ' s property. Attorney Jung replied yes, noting that is the safest way. Chair Figaroa asked if they received any response to which Ms. Sadora replied no, noting they did not even get the return receipt back to show whether anyone had signed for it. She is unsure what the timeline is for notices before it is sent back unclaimed. Chair Figaroa asked what would happen if they never receive a response. Ms. Sadora explained that is something they are working on now, as was brought up by Commissioner Evslin, to develop a plan on what will be the next steps if there is no communication received back. She and Attorney Jung will be figuring that out. Chair Figaroa asked whether there are geographic coordinates that pinpoint exactly where the trails are. Attorney Jung stated they have the metes and bounds survey, but to actually access it on the ground may require entering into someone else's property, noting this is only a six foot easement. Commissioner R. Blake stated if you go down the trail, they would have to have metal pins that can be identified with a metal detector, which would at least give you an entry point. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 18 SUBJECT DISCUSSION ACTION Chair Figaroa stated he is baffled that the County does not know where their own easement is, and if he were a landowner, he wouldn't respond either as he would assume they should know. He asked for clarification that a plan is being put together in the event they receive no response to which Attorney Jung replied yes, there will be a plan. F .4. Update on Commission education topics • Discussion on acquisition process involving land owners Ms. Sadora explained the reason why this has remained on the agenda is because ultimately what the Commission wanted was for this to have some kind of language on their website, which is being crafted in a way that will send the right message. It can be taken off the agenda, and will become part of their task list. Once they have the language together, they will present it at that point. F. S . Update and discussion on access to Kahili Quarry Road Attorney Jung stated there is no update from the last meeting, noting it was kept on because Hope Kallai wants to discuss it again; however, she is not here today. Chair Figaroa asked to clarify that part of the access is owned by US Fish .and Wildlife to which Attorney Jung replied yes, noting the County has access up until there, and do provide such access. The road then ruts out on the USFWS portion, and any improvement to that road would require their permission, which historically they have not. Vice Chair Gegen asked whether or not the County has asked for permission to which Attorney Jung stated no, because it is the land owner, Mr. Somers, who is responsible through his SMA permit to do the road improvements . What is understood from Mr. Somer' s attorney is that they have asked, but Attorney Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 19 SUBJECT DISCUSSION ACTION Jung is unaware of the results of that meeting yet. Vice Chair Gegen asked if there is any action the Commission should take to move that along to which Chair Figaroa replied no, it is not their jurisdiction. Vice Chair Gegen commented the problem is that it is decreasing the accessibility of getting down there to which Attorney Jung replied for vehicles, but you can still walk there. Commissioner Ono asked if improving vehicular access would bring the liability to the County to which Attorney Jung reminded the Commission that they are not in executive session, and he cannot discuss that. Chair Figaroa commented that he believes Mr. Somer' s is supposed to do that. H. Next meeting Commissioner T. Blake requested that an item be placed on the agenda date and agenda regarding five archaeological preserves mandated during the Land Use topics for boundary change for the Knudsen estate in the Kiahuna area. Four of the discussion preserves have been cleared, but the last one has not been touched since the archaeological survey was done in 1972 . The preserves are privately owned, not by the Knudsen' s, and this one in particular is close to Po ` ipu Road abutting up to the back of the sewage treatment plant, makai of the driving range at Kiahuna Golf Course. It is almost five acres, has tremendous archaeological features, and is zoned so that you cannot build on it. He feels this is a "low hanging fruit" that could be bought or given a conservation easement in favor of the County, noting there is a non-profit in that area that will definitely do the work to clear it, and an archaeological company that will come in to help clear and restore the area. Staff will include that on the next meeting' s agenda. Chair Figaroa announced the next meeting date is on Thursday, October 23 , 2014, at 1 : 00 p.m. at the Mo' ikeha Building — Meeting Room 2A/2B . Chair Figaroa asked whether all the past meeting minutes will be emailed Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 20 SUBJECT DISCUSSION ACTION to the Commissioners to which Ms. Sadora stated they will be emailed once she confirms whether or not they are available. He noted everything from this meeting' s agenda will be carried over with the exception of F.4 and F. 5. He asked what the concept is for F.4 on how to go about this process to which Ms. Sadora stated the outcome of previous Commission discussion was to have language for the website, which is still being crafted. Chair Figaroa asked whether the website is maintained in-house, or if it is outsourced to which Ms. Sadora replied IT has nothing to do with it, the language still needs to be reviewed legally, noting the Planning Department maintains the website, but must be reviewed first as it is a County website. Chair Figaroa asked approximately how long it will take to have a button on the website along with a disclaimer to which Attorney Jung stated it will take a minute or two once the language is finalized; he does not have language yet. Attorney Jung asked Ms. Sadora if she is expecting the Commission to come up with the language to which she replied, no, she believes it is more legality; what they as a County are able to put out there. Attorney Jung stated they will come up with something for the next meeting for the Commission' s discussion. Commissioner McClintock asked to clarify that if they don' t hear back from Mr. Somers by the next meeting, will they keep waiting? Chair Figaroa stated by the next meeting, Attorney Jung will have a plan of what steps to take in that situation. He pointed out that if Mr. Somers says no, there is nothing they can do about it; he does not have to let them enter their property. Commissioner Ono stated she thinks the Salt Pond issue was going to be i Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session October 9, 2014 Page 21 SUBJECT DISCUSSION ACTION brought up at the next meeting to which Ms. Sadora confirmed that is the projected date Rhoda has committed to . I. Adjournment Chair Figaroa adjourned the meeting at 3 : 04 p.m. Submitted by: k Reviewed and Approved by: Cherisse Zaima, Staf Support Clerk Joseph Figaroa, Chair ( ) Approved as circulated ( ) Approved as amended. See minutes of meeting.