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HomeMy WebLinkAbout2014-3-27 Open Space Minutes Approved PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES MARCH 27, 2014 The regular meeting of the Public Access, Open Space & Natural Resources Preservation Fund Commission of the County of Kauai was held at the L-iiu` e Civic Center, Mo ' ikeha Building, Meeting Room 2A/2B. The following Commissioners were present: Joseph Figaroa, Chair Theodore Blake Linda Dela Cruz Dorothea Hayashi Luke Evslin The following Commissioners were excused: Vice Chair Patrick Gegen Maurice Nakahara The following Staff members were present: Planning Department Staff Nani Sadora and Duke Nakamatsu; Deputy County Attorney Ian Jung - Boards and Commissions Staff Support Clerk Mercedes Youn. Guest — Nadine Nakamura, Managing Director *Note the minutes will reflect the order the items were taken. A. CALL TO ORDER Chair Figaroa called the meeting to order at 12 :56 p .m. B. APPROVAL OF AGENDA 6 On a motion made by Commissioner Dela Cruz and seconded by Commissioner Hayashi to approve the agenda as circulated, the motion carried unanimously by voice vote (5 : 0) Commissioner Hayashi said at the last meeting the Commission was so caught up in discussing the Somer' s issue that the update on the Hanapepe Salt Pond Beach Park had to be deferred. She asked if Item 10 could be moved up so that the Commission could spend more time discussing it. Page 1 of 15 Chair Figaroa noted that he had no problem with her request. C. ANNOUNCEMENTS Ms. Sadora announced that the Commission ' s presentation to the County Council on the 2013 Report is scheduled for Wednesday, April 2, 2014. Mr. Jung announced that he has a printed copy of Article X11, Section 7 of the Hawaii Constitution relating to customary and traditional gathering rights . He noted that if the Commissioners want a copy to see Ms. Sadora. Commissioner Evslin announced that he had to leave the meeting at 3 : 40 p .m. Commissioner Blake asked if it was appropriate for him to talk about a call he received from Planning Director Michael Dahilig concerning the Open Space Fund. Mr. Jung stated that he would encourage the Commission to place a separate item on the next agenda for discussion on the matter. He explained that the Council has a process in place that will give the Commission an opportunity to discuss the issue at its next meeting. He further explained that the proposal to alter the percentage of the Open Space Funds would have to be introduced to the County Council for its first reading followed by a public hearing later in the month. After the public hearing the bill will go back to the Council as a whole for a second reading. Commissioner Blake asked if the Commission could respond as a body or as individuals. Mr. Jung restated that the issue should be listed as a separate item on the next agenda to discuss the proposal. But for Commissioners who would like to provide testimony they should do it on an individual capacity. He stated that Council usually schedules their public hearings in the afternoon noting that he would ask Ms . Sadora to email the information to the Commissioners on the exact the date and time of the public hearing. Chair Figaroa recognized Managing Director Nadine Nakamura. Ms. Nakamura began by thanking the Commissioners for serving on the Open Space Commission. She stated earlier in the month the Administration met with Chair Figaroa and Commissioner Evslin to discuss the 2013 Open Space Commission Report. She pointed out the Commission is probably aware of the Administration' s proposal to reduce the Open Space Fund, and if the members had questions on the proposal she would open it up for discussion. Ms. Nakamura shared with the Commission that the Administration met with Planning Director Michael Dahilig and Finance Director Steve Hunt to discuss redoing the appraisal for a portion of land through the former Hoban property. She stated once the Administration receives the quotes they plan on meeting with the landowner to discuss if there was a way to avoid going through litigation. Page 2 of 15 Commissioner Blake asked Ms . Nakamura to clarify what issue she was referring to in terms of having an open discussion. Ms. Nakamura stated that the Administration is proposing to reduce the Open Space Fund from one and one-half percent ( 1 . 5%) to one percent ( 1 %). Commissioner Blake asked if the Commission could talk about it. Ms. Nakamura stated that her purpose for coming today was to welcome and thank the Commission for their service, but as she sees it the timing worked out because the matter is on the front burner, and she would welcome any questions regarding the proposal to reduce the Open Space Funds . Mr. Jung stated that in accordance to the Sunshine Law the Commission should post the matter as a separate item on the next agenda. Commissioner Blake asked if the bill was in its final form. Ms. Nakamura said that the Administration submitted its budget for FY 2014- 15 to the County Council on March 14th including a proposal to reduce the Open Space Fund. Commissioner Blake asked Mr. Jung if he could ask questions on the issue. Mr. Jung restated that the Commission cannot discuss the issue because the item is not listed on the agenda. Chair Figaroa noted that would he take the agenda out of order to allow discussion on agenda Item F 2. 2 . Update on recommendation to the 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 public beach access options to Kukui `ula BaL. Chair Figaroa asked what happened to the previous appraisal. Ms. Nakamura said based on the advice she was given the appraisal needed to be redone, which she believes should not take a major effort to do . Chair Figaroa asked if the fees to do a new appraisal would come from the Open Space Fund or the Administration' s to which Ms . Nakamura replied the fees would come out of the Open Space Fund. He then asked how many years have passed since the first appraisal was done to the time she received advice to redo the appraisal . He pointed out if the appraisal was done four years ago then he could understand the need to redo the appraisal, but from what he understands the appraisal was done less than two years ago . Ms . Nakamura said based on the advice the appraisal needed to be within six months of the date of the negotiations. Chair Figaroa asked if it is right for him to assume that the Administration would take on the task of redoing the appraisal including the negotiations. Mr. Jung explained that the Commission is at a point where it needs to have all of its ducks in a row because of the seriousness of the action that will be taken by Council relating to the condemnation. He further explained that the earlier the Commission voted to send a recommendation for a condemnation resolution to the County Council and as part of the process all transmittals need to be routed up to the Mayor' s Office to get Page 3 of 15 routed over to the County Council at which stage the Commission needs to have everything ready because if the Council takes action things will begin to move forward pretty fast. However at this point, the issue is at a standstill because the landowner does not want to sell the property or have the County acquire it so the next step is to move forward with the condemnation proceedings, which is why he keeps stressing to the Commission that by taking this route the Commission will need to get their game on for the pending litigation. He explained before the Commission can proceed with the litigation proceedings two things must happen. The first is to get the final appraisal and the second is to proceed with the condemnation resolution, and if approved by Council the County Attorney will file a lawsuit to take the land, noting that the landowner has already retained an attorney to represent them in the litigation proceedings . Commissioner Blake asked if the Commission has to pay for the legal fees to which Mr. Jung replied it is the County who ultimately pays for the legal fees relating to the condemnation proceedings, but by law 5 percent of the Open Space Fund has to be set aside for administrative costs . Commissioner Blake asked how long it will take to do the appraisal to which Mr. Jung replied it all depends on the work load of the appraisers ' office. Commissioner Blake stated that it would be prudent of the appraiser to get the appraisal done immediately because the value of the land is going up. Commissioner Evslin asked if the Administration could shut it down for any reason, or is the recommendation for condemnation guaranteed to go to Council. Mr. Jung replied that the condemnation is going to Council no matter what because it's a report coming from this body, and because the condemnation comes at a big expense the Administration will need to weigh it. Commissioner Evslin said it is disappointing that the original appraisal has to be redone because it was done less than two years ago. He knows it because he has only been on the Commission for about a year and half now and the appraisal was done after he became a Commissioner. He expressed his frustration on how the Commission worked hard to get to this point only to learn that the appraisal has to be redone. Chair Figaroa asked Mr. Jung if he believes the appraisal was done less than two years ago. Mr. Jung replied he thought the appraisal was completed in 2012 because back then the Commission went on a site inspection of the former Hoban property. Ms. Sadora noted that the appraisal was completed in September 2012, which is not quite two years, but still over the six months. Mr. Jung said the Commission must remember that an appraisal was done, which opened the lines of communication between the County and the landowner; however, the landowner came back with a counter appraisal upward of $ 600,000 at which point the Commission knew that they were heading towards litigation. Chair Figaroa voiced his concerns that the Administration is planning to replicate the steps that have already been taken, which will cost more time and money. He asked whether it was normal practice for the Administration to repeat the steps because at this point he thought everything was moving forward as expected. Ms . Nakamura said that Page 4of15 the Administration wants another opportunity to speak with the landowner to see if the litigation proceedings could be avoided. Chair Figaroa said the fact that the landowner is not willing to sell the land should be a good reason to not press an issue that is already in limbo. Ms. Nakamura said if the response from the landowner is no then the work will proceed to do the condemnation. Ms . Nakamura said that she does not see it as replicating the process because the Mayor just wants the opportunity to have a one on one conversation with the landowner to see if there was a way to avoid litigation. Chair Figaroa asked if there was a way for the Mayor to have the conversation without having to redo the appraisal. Ms. Nakamura said the Administration wants to know what it would cost to hire special counsel to do the litigation and, luckily, they should be able to get the information sooner rather than later because the County went through a litigation relative to Black Pot. Ms. Nakamura noted that the Administration is hoping to get the figures before the Mayor meets with the landowner. Commissioner Hayashi asked whether the 5 percent would be used to pay for the attorney' s fees to which Mr. Jung replied the 5 percent can only be used for administrative fees, and all legal fees relating to the condemnation proceedings would come from the County' s General Fund. Commissioner Evslin said that at one time the Commission talked about setting a specific. dollar amount to acquire the public easement, asking if it was possible to offer a dollar amount higher than what the County originally appraised the land for. He asked whether the Commission is bound to the appraised amount and the condemnation, and if not, is there room for some type of negotiation on someone' s behalf. Mr. Jung explained that there is always room because during the negotiations and the condemnation process there will be a point where both parties will have to negotiate a price during the condemnation process or at the very least agree upon number. Commissioner Evslin asked if the Mayor has the power to increase the dollar amount from the original offer of $ 80,000, which the landowner turned down. Mr. Jung said that the Commission has two options, one of which is a land sale agreement (which he believes would be favored by Council), and the second is to move forward with the condemnation which can take up to ten years to complete. D. APPROVAL OF MEETING MINUTES OF MARCH 13 2014. On a motion made by Commissioner Blake and seconded by Commissioner Dela Cruz to defer Item D to the next meeting., the motion carried unanimously by voice vote (5 : 0) Page 5of15 E. RECEIPT OF ITEMS FOR THE RECORD There were no items for the record. F. UNFINISHED BUSINESS 1 . Review and discussion on past recommendations and prioritizations of the Commission' s work plan/timeline of events and activities. Commissioner Evslin asked for an update on the schedule for the upcoming site visit. Ms. Sadora reported that the Kauai Bus is sending someone from the Transportation Department out to see if the area is accessible by bus, if not they will provide an alternative way of transportation. She noted that the the date for the site visit is set for April 10th. The Commission received testimony from Caren Diamond. Ms. Diamond stated as a former member of the Open Space Commission she is asking the Commission to keep the items on the opala list some of which are at least nine years old. She stated that the Commission cannot expect the same people to come year after to year just to ask that the same issues be placed back on the agenda. 4. Discussion on modifications of Class IV Zoning Permit Z-IV-2008-6, Use Permit SMA U) -2008-5 , to construct a manager' s house and maintenance building on a parcel situated along the mauka side of Kahili Quarry Road in Kilauea approx. 1 mile east of the Kilauea Road/Kahili Quarry Road intersection, further identified as TMK 5-2-0- 12 : 035 , and containing a total area approx. 161 . 88 acres (Charles M Somers/West Sunset 32 Phase I, LLC. The Commission received testimony from Ms. Jennifer Luck, Kauai Director for the Kauai Island Land Trust. Ms . Luck provided the Commission with background information on the conservation easement, which is held by the Land Trust relative to the property in question. She stated that the Land Trust holds two conservation easements totaling one hundred and fifty acres, but not in the area where the proposed conservation manager's house is being proposed. Because it is outside of the conservation easement area the Kauai Island Land Trust does not have any control or designation of the area. She said that the conservation easement portion of the subject property encumbered by the easement does include the Kilauea Falls and the road leading up to the waterfall. She explained although the Land Trust does not own the property the conservation easement is similar to a deed restriction in which a willing landowner gives the rights to the property, which is held by the Land Trust in importunity, which is a legal document recorded at the State to protect conservation values inherent to the property. Page 6of15 In regard to the Somer's property, Ms. Luck said that the open space, archeological values buffer, including certain habitats in the area, are part of the conservation values that have been identified by the Land Trust. The Land Trust' s responsibility is to protect these values including all of the development rights on the one hundred and fifty acres that have been retired. She restated that although the Land Trust holds the conservation easement in importunity the Land Trust is not given the right to guarantee public access because it is left up to the landowner. However, the Land Trust does yearly inspections of property to monitor the easement and to ensure that the terms of the easement are being abided by the landowner. Chair Figaroa asked if it was right for him to assume that the access to the Kilauea Falls is located in a copservation area. Ms. Luck stated because the entire property is owned by Charles Somer' s, including the portion of land encumbered by the public easement, the decision on whether or not to allow public access rests entirely in his hands. Commissioner Evslin asked if the Commission decides to move forward with the condemnation would the Land Trust have to approve the public access portion of the easement. Ms. Luck replied yes because the access is located in a conservation easement area, which is an issue that the Land Trust would be open to discuss because it does not have an issue with public access, but unfortunately it not their decision to make. The Commission received public testimony from Mr. Ron Paul As a point of clarification, Mr. Paul said that there is an existing public easement on the subject property, which in 1978 was granted to the County; the only problem is identifying the P- 1 easement. He asked if the Commission could ask the County to identify the starting point of the P- 1 easement before going on the site visit. The Commission received public testimony from Ms. Hope Kallai. Ms. Kallai pointed out that the P- 1 easement was created before the conservation easement and should not be overshadowed or eliminated. She noted that she is unsure at what point the Land Trust was involved when the property was dedicated as a conservation easement. Chair Figaroa asked if the P- 1 easement was identified at that time to which Ms. Kallai replied according to the records the easement was identified by its metes and bounds; unlike Kauapea, the P- 1 easement was recorded and accepted. Commissioner Evslin said from what he' s hearing it seems that there are three issues, one of which is the lack of road maintenance, which he felt is more of a Planning Commission issue, the second is identifying the location of the P- 1 easement, and the third and most important is obtaining access to the Kilauea Falls. He stated at the last meeting, Mr. Jung mentioned that he would provide a map of the area to help the Page 7of15 Commission find the best path to the Kilauea Fails either by extending the P- 1 easement, or through the condemnation process. Mr. Jung said he would provide the Commission with copies of the pictometry and map of the area on the day of the site visit. Chair Figaroa stated that the first step the Commission needs to do is identify any potential accesses in the area. Commissioner Evslin voiced his concerns that the matter will not go anywhere if the Commission does not do anything; it will just keep dying with the friction of democracy. He voiced his concerns on how can the Commission identify which path is better if it is not allowed on the property, or know what the resolution is going forward. Mr. Jung said the reality is the Commission does not have the freedom to walk on private property without the owner' s permission. At the last meeting, he recalls the Commission talking about using a drone but there is the issue regarding the Fifth Amendment, which protects a person' s rights against abuse of government authority, and which is too complex for him to have to deal with. But if the Commission reaches the point where it has to start prepping for an acquisition plan he could put in a request for a right of entry. Commissioner Hayashi asked if the Commission could put off its discussion until after the site visit. Chair Figaroa asked in the meantime can the Commission write a letter to the landowner asking for a right of entry to which Mr. Jung replied he would try to work on drafting the letter. Commissioner Evslin said other than identifying which path is better he would like to talk about the lack of road improvements on the part of the County, but if Mr. Jung says that the Commission cannot do anything about the issue he would like talk about alternatives, if any. Mr. Jung stated based on the status report that was provided to the Planning Department the developer is planning on doing road improvements upon the completion of the main house; however, there is an issue regarding putting crushed coral up to the Fish and Wildlife property line. The Commission received testimony from Ms . Rayne Regush Ms. Regush said according to a recent notice published in the Garden Island Newspaper the construction on the property has been completed. Mr. Jung asked if any improvements to the road were done to which Ms. Kallai replied no. Commissioner Evslin said although the Commission has no enforcement power over road improvements it can still write a letter to the Planning Commission expressing its concerns. Mr. Jung stated that the matter will be back on the Planning Commission agenda relative to the applicant' s request for modification of his permit to construct a manager' s house and maintenance building. Commissioner Evslin asked if the problem with the motion detectors have been resolved. Mr. Jung said that the landowner is aware of the access issue and from what Page 8of15 he was told that they have spoken to their security personnel about resolving the problem. He shared with the Commission that the County is looking at putting together a routine maintenance crew, but due to the budget constraints the Department of Public Works had to find other ways that would hopefully include the State. The Commission received testimony from Mr. Ron Paul. Mr. Paul said after he reviewed the documents it seems the landowner' s biggest concern is about liability and privacy issues. He shared with the Commission that with the granting of the P- 1 easement the County released the landowner of all liability relative to public access . He asked if the Commission would consider a mechanism that would absolve the property owner from all liability of using the easement. He pointed out that any potential alliance of the easement at this point would be premature because there are many different ways to get to the Kilauea Falls , 3 . Discussion on historical roads and issues and access issues to Papa` a Bay, Chair Figaroa asked the Commission to defer discussion on the item until Mr. Jung returns to which the Commission agreed. Ms . Kallai approached the Commission to ask if and when could she give testimony on Kaakaaniu. Chair Figaroa said that at this time the Commission is waiting for Mr. Jung to return, but if she would like to give testimony now he would allow it. The Commission received testimony from Hope Kallai . Ms. Kallai stated that the KNA (Kilauea Neighborhood Association) has appeared before the Commission countless times to express its frustration on the lack of maintenance on a County owned right-of-way at Kaakaaniu. She stated when the County accepted the ten dollar grant easement in 2010 Chair Furfaro was adamant that the easement is an addition, and not in lieu of the cultural County owned right-of-way, She stated in the past, the Kilauea Boy Scouts offered to maintain the trail but nothing came out of it. She shared with the Commission when `Aliomanu went through the subdivision process an easement was made for a parking lot including several other actions that generated scrutiny regarding CDU permits for Caires and Hill in 1999 and 2001 . She shared with the Commission one of the last letters that was written from the State' s Na Ala Hele Advisory Council dated February 6, 2001 , regarding the construction of a residence within the conservation and agricultural district in `Aliomanu. 9. Discussion on the presentation of the Commission' s 2013 Report to the Kauai County Council. Chair Figaroa noted that he would do the presentation and if someone wants to accompany him to let Ms . Sadora know via email. Page 9of15 At 2 : 05 p.m. Chair Figaroa called for a five minute recess . At 2 : 22 p.m. the meeting reconvened. Ms. Sadora reported that the contents in the 2013 Report would remain the same and if changes are made she will make it as simple as possible for Commission. Chair Figaroa stated he would like the report to include the current properties in the dossier process and any commentary on the subject property. In regard to the new and old abstracts for each acquisition recommendation he would like aerial images of the each property including a map indicating acquisition recommendations. Commissioner Evslin asked if the report could also include the request to the County Council to push dialogue to the State' s Na Ala Hele Trail and Access agency in identifying the coastal Larsen's trail including the alleged alaloa trail. 10 . Discussion on acquisition of land for open space preservation to create a buffer at the Salt Pond Beach Park. Commissioner Hayashi asked Staff if there were any new reports on this item. Ms. Sadora stated that the issue was brought up during a meeting with the Mayor in which he expressed his willingness to work with the community and State to protect the salt pans in Hanapepe. She stated because the issue is very sensitive any action taken on the issue will involve the community' s input, especially the salt makers. . Commissioner Blake asked if the discussions would include the salt makers wanting to acquire the land for open space. Ms. Sadora stated to date there are no discussions to acquire the land because the community is focusing its discussions on coming up with a right plan to protect and preserve the salt pans. Commissioner Evslin stated that after hearing testimony from the family who makes the salt he found that they are against any park expansions. As a body he believes that the Commission wants to create a buffer at the Salt Pond beach park without expansions. 5 . Update on Kauapea (Secret Beach) pedestrian public beach access. Mr. Jung stated that there are no new updates on the issue. b. Update on pedestrian public access involving Falko Partners Subdivision in the Waipake Ahupuaa. Mr. Jung stated that the matter would most likely come up on the Planning Committee' s agenda on April 161x` to discuss the mauka-makai beach access and the area where the questionable 12 foot vertical cliff is, which the Council is looking into creating an apron access that would add three to four additional feet to the west. Page 10 of 15 The Commission received public testimony from Mr. Richard Spacer. Mr. Spacer provided the Commission with a photo (On file) showing a no trespassing sign situated at the entrance of State owned, historic, fee simple trail in Waipake. He stated that it is a matter of great concern for everyone because it is not positive for public access. He stated in previous testimonies the landowner acknowledged that there is a State historical coastal trail. Chair Figaroa asked if the landowner is aware it 's a State historical trail. Mr. Spacer stated that the landowner' s legal representatives Michael Lam and Sandra Moss signed a civil stipulation in 2008 with Deputy Attorney General Julie Chena to that effect; however, five years later another attorney, Dennis Lombardi representing the landowner, said at a Council meeting that the alaloa is a false issue. Mr. Jung stated that it would probably be best to pull up the map because in that particular stipulation it was for a small kuleana on parcel 10 where there was a partition action in which the State settled with the landowner to allow the State to reserve the right to go after the trail in the future through a quiet title action, which is similar to what is happening on the Falko side versus on the Waioli side. Chair Figaroa asked for the name of the law firm to which Mr. Jung replied that both attorneys are from the law firm Case & Lombardi. Hope Kallai provided the Commission with a picture of a no trespassing sign in the middle of what is known as the Fisherman' s trail in Waipake. She explained that the trial is a cultural byway used by the locals to pick limu. She stated that there has been no input from OHA, and she finds it appalling to hear attorneys talk about aprons to the beach; she is also tired of hearing the locals pick their limu from Koolau Road, and there is a need for cultural appropriate comments to preserve all cultural resource trails. The Commission received testimony from Rayne Regush. Ms . Regush stated based on Mr. Jung's information regarding public access to the beach in Waipake - the natural stone steps and the apron that zigzags down to the beach. She provided the Commission with a picture taken on January 22, 2014, of high washes of the waves coming up unto to the apron trail. She stated besides the obvious erosion the apron trail is not the best or the safest way to get to the beach. She noted that she will be sharing the information with the County Council. Commissioner Hayashi asked if the rising of the ocean and the washes of waves could have impacted the alleged alaloa trail. Mr. Jung stated that was a good point because the reality of the situation is the State is the entity that can assert ownership of the alleged alaloa. He stated that if the State goes into litigation over a quiet title action there will not only be kaimana testimony, but what' s been on the ground prior to 1892 when it was allegedly created. He stated that since the creation of the Falko Partners Page 11 of 15 in Subdivision on 2006-2008 the Planning Commission, on the advice from DLNR, set the access on the eastern side of the property line. Moving forward, the issue was then brought to the Open Space Commission to identify the location of any viable accesses, which in turn allowed for more public testimony on where the trails should be located. In the end the Commission would make a recommendation to the Planning Commission on where the trails should be. Commissioner Evslin asked if the decision has been finalized to which Mr. Jung replied the Council' s only involvement is to indemnify the County; the location of the trail is approved by the Planning Commission. Commissioner Evslin asked if Council could send the recommendation back to the Planning Commission to relocate the trail. Mr. Jung stated the Planning Commission already took action and the Council can only say no they do not accept the recommendation. Chair Figaroa commented once the Planning Commission identifies the trail the matter goes to Council for a yes or no. Mr. Jung said if you look at the code it states for indemnification that once the Council accepts an asset into the County, the Council is the one to accept the responsibility of liability from the landowner who is giving up the land for public use. Commissioner Evslin stated it seems there may be some time to push the issue relative to Item G1 to identify the alleged alaloa trail. Mr. Jung stated from a legal standpoint if the County' s easement crosses over into what could eventually be the future alaloa, the Commission must remember that the alaloa as well as the other easement is for public use. The Commission received testimony from Rayne Regush, Mr. Regush stated that the public seems to be losing the battle, and as Mr. Jung suggested although the State does not want to take action to identify the trails at this time she feels that the Commission still needs to advocate on behalf of the Kauai residents . She stated that she understands it is the State' s kuleana but asked the Commission not to let their guard down because the historic trails go back for generations and are protected under the Highways Act 1892. G. NEW BUSINESS 1 . Request to the State of Hawaii Na Ala Hele Trail and Access System to identify any alleged historic trails that may exist in the Ahupuaa in Kaakaaniu and Waipake Mr. Jung read the proposed letter to the State of Hawaii Na Ala Hele Trail and Access System. (On file) Ms. Regush announced that tonight at 5 : 00 p.m. the Na Ala Hele Advisory Council will be meeting at the Division of Forestry and Wildlife base yard. She noted that the Page 12 of 15 agenda includes updates on the alaloa, three ahupuaas, and access to the Moloa` a Forest Reserve, Chair Figaroa asked what Na Ala Hele is doing about the historic trails that are on State land. Ms. Regush stated that they are continuing to ask the State to justify why they have no plans to pursue the matter. Chair Figaroa asked what type of enforcement power does Na Ala Hele have to generate momentum to put pressure on the State to identity a trail, or is it just a recommending body. Ms . Regush stated that in addition to having a list of published trails and controversial unpublished trails Na Ala Hele is seeking the Commission' s support so that the residents of Kauai can have their voices heard at both the State and County level. Chair Figaroa asked besides writing letters what else can the Commission advocate for. Ms. Regush stated any support from the Commission is always helpful and if it wants to write a letter of support today, she would be more than happy to deliver the letter herself to help move things along. Chair Figaroa asked if Na Ala Hele is doing something similar to the 2013 Open Space Commission Report. Ms. Regush stated there have been numerous attempts on their part to get historic documentation from the Abstractor's office and the Deputy Attorney General on another issue, but they have not received anything. Chair Figaroa stated that because the Open Space Commission cannot oversee the State trails the best it can do is write letters to the State to urge them to pursue identifying the trails. Ms . Regush stated in regard to the public State trails the County could ask the State to dedicate the trail to the County, which she feels would solve the problem. Chair Figaroa stated that it can only happen if the County accepts the liability of a particular trail. Chair Figaroa asked why the State hasn't stepped up to its responsibility of maintaining its own trails to which Mr. Regush replied the State maintains only the published trails. Commissioner Dela Cruz asked if the Commission were to assist in getting the trails open for public use who would maintain these trails. Ms. Regush stated that the published trails are being used constantly so it does not require maintenance, which is more of a reason why the State should step up to help locate the unpublished trails. Chair Figaroa voiced his concerns that the Commission is being pulled down because the State agency in charge of taking care of the trails is not doing it, nor is it taking any action to pursue what it is mandated to do . Ms. Regush stated that Na Ala Hele wants to form a partnership with the Open Space Commission so that the Kauai residents do not lose their traditional and customary trails. Commissioner Hayashi stated that it seems that Na Ala Hele is just an advisory body with no real enforcement powers but as a State agency why is it coming to the County for assistance when it should be the other way around. Page 13 of 15 Chair Figaroa suggested that Ms. Regush approach members of the advisory council to see if they would consider forming a platform so that their voices can be heard at both the State and County level_ Mr. Regush replied she would have to check the rules and guidelines before suggesting anything to her fellow members. The Commission received testimony from Mr. Tim Kallai. Mr. Kallai thanked the Commission for listening to their complaints and frustrations. He stated that prior to its current members the State 's Na Ala Hele Trail and Access System Program has been dormant for over a decade due to a lack of people to fill the positions, and because there was a loss of continuity in issues that are now forthcoming. In regard to the published and unp-4blished trails; KNA has been trying to get clarification from the State on whether they can make an unpublished trail when there is so much sentiment coming from private citizens to the Commission to make the trails published. He stated that the public is using the trails on a perpetual basis. He asked the Commission to write a letter to the State in partnership with the concerned citizens to encourage the State to pursue identifying the unpublished trails. For clarification, Ms. Regush noted she was speaking in her own individual capacity and not as a member of the Na Ala Hele Advisory Council. 7. Discussion on Article IXX, Section 7 of the Hawaii Constitution regarding customarX and traditional gathering ri ts . Deferred to the April 10 meeting. S . Update on the Commission' s education topic Deferred to the April 10 meeting. H. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Figaroa noted that the next meeting will be on April 10tb and all of the items on the agenda will remain for continued discussion with the exception of a new item to discuss a proposed bill to amend Chapter 6, Article 14, Section 1 of the Kauai County Code to reduce the annual allocation made to the Public Access, Open Space and Natural Resources Preservation Fund from one and one-half percent ( 1 . 5%) not less than one-half of one percent (0. 5%) . I. ADOURNMENT At 3 : 56 p .m. Chair Figaroa declared the meeting adjourned. Page 14 of 15 Respectfully Submitted by: Mercedes Youn, Commission Support Clerk t Page 15 of 15