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HomeMy WebLinkAbout2014-5-08 Open Space Commission Minutes Approved PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES MAY 8, 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-1hu` e Civic Center, Mo' ikeha Building in Meeting Room 2A/2B . The following Commissioners were present: Joseph Figaroa, Chair Patrick Gegen, Vice Chair Theodore Blake Randall Blake Luke Evslin Dorothea Hayashi Maurice Nakahara Excused Linda Dela Cruz The following Staff members were present: Planning Department Nani Sadora and Duke Nakamatsu; Deputy County Attorney Ian Jung; Boards and Commissions Staff Mercedes Youn. A. SWEARING IN OF COMMISSIONER Deferred to June. Be CALL TO ORDER Chair Figaroa called the meeting to order at 1 : 06 p.m. C. APPROVAL OF THE AGENDA On a motion made by Vice Chair Gegen and seconded by Commissioner R. Blake to approve the agenda as circulated. D. ANNOUNCEMENTS Commissioners Dela Cruz and Hayashi announced that they would be leaving the meeting at 3 : 30 p.m. Page 1 of 16 E. APPROVAL OF MEETING MINUTES 1 . Minutes of March 27, 2014 The minutes were approved as circulated. F. RECEIPT OF ITEMS FOR THE RECORD There were no items received for the record. G. UNFINISHED BUSINESS 1 . Review and discussion on past recommendations and prioritization of the Commission' s work plan/timeline of events and activities. Commissioner Hayashi asked where does the Commission stand on the Lawa` i Kai. Chair Figaroa stated that he believes the Commission wanted to make either a recommendation or a priority. Mr. Jung stated that the issue was brought up for discussion but there was no conclusion as to whether the Commission wanted to make it a priority. Vice Chair Gegen clarified that the Commission did not make Lawa`i Kai a priority because the area was designated a special conservation sub- zone because of the sea turtles that thrives in the area. Commissioner Hayashi stated that she asked because most local fisherman wants access to Lawa`i Kai from the Camp 1 side. Vice Chair Gegen noted that because Camp 1 is located on property owned by A&B properties most fisherman should have no problem getting access to Camp 1 . Commissioner Hayashi stated that it has become an issue because the local fisherman are not allowed in the area during harvesting season. Ms. Sadora noted that the harvesting season begins in September and ends in December. Commissioner Hayashi said just because it' s harvesting season should not keep anyone from getting access to Camp 1 . Vice Chair Gegen stated that A&B does not want deal with traffic during harvesting season for safety reasons. Ms. Sadora stated that entry from both sides of the coffee fields requires a permit which can obtain through A&B properties. Commissioner Nakahara stated that people still can go fishing during those months four (4) months they just have to park their car at the power plant in ` Ele` ele and walk through Glass Beach to get to Camp 1 . Ms. Sadora stated in regard to Lawa` i Kai NTGB ' s Director Chipper Wichman did presentation to the County Council which prompt a discussion on public access. She stated that part NTBG management plan is to provide access on the west end in an area where the fisherman uses. She stated that initially, the Open Space Commission Page 2 of 16 did not want to take action relative to public access even though there were concerns from the public wanting access to the area. Vice Chair Gegen asked if it was appropriate to ask A&B to clarify whether it's okay for the public to go unto their property during harvesting season get to Lawa` i Kai. Chair Figaroa stated that he agrees with Vice Chair Gegen, that it would be a good idea to check with A&B to see if it' s okay for the public to use their property to get to Lawa`i Kai. Ms. Sadora stated that she would provide the Commission with a copy of the requirements needed to obtain a permit. Chair Figaroa noted that once the Commission receives a copy of the requirements Lawa` i Kai should be taken off of its recommendation list. Ms. Sadora noted because the Commission already has a master list if necessary they can bring the issue back at any time for discussion. Commissioner T. Blake stated NTBG's is very concern about people walking down to the beach with young children especially during turtle' s nesting season including visitors who pay to visit the garden then end up on the beach which is off limits. He noted that on some days there are at least 80 to 100 people on the beach which brings the question on whether or not they should hire security guards. Commissioner T. Blake noted that the legal access easement is located along the rocks from the Spouting Horn side however, the people would have to transverse over the rocks to get to the beach. Mr. Jung asked if he knew whether or not DLNR addressed the access issue because the area is designated conservation sub-zone to which Commissioner T. Blake replied no, he explained that there are two accesses one of which is located on the west side and the other is on the east side and although both of these accesses are available to the public they would rather to use the access on the west side. He noted that he spoke to General Manager Wayne Katayama regarding public access and was told the reason the area had to be closed off was due to vandalism. 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 Baugh the former Hoban property and discussion on alternative pedestrian public beach access. Mr. Jung reported that the Office of the County Attorney sent an informational packet to the Administration to evaluate some of the issues that would present itself when the proposed resolution gets to Council for discussion. Ms. Sadora stated that she believes that the resolution is still in the hands of the Administration. Mr. Jung noted that he would follow-up with the Administration to see what the holdup is and report back to the Commission. Chair Figaroa asked if an acquisition packet was also sent to the Administration to which Mr. Jung replied, the Administration wanted information on the cost to do another appraisal and inquired about where the County and the landowner is at with their appraisals. Page 3 of 16 Vice Chair Gegen stated that the Commission asked for an update six weeks ago because at that time the Commission was ready to move forward with the condemnation but was told that the appraisal was no longer valid. He noted that he wished the process moved a little faster because by the time the new appraisal gets done and goes over to Council, it would be invalid. Ms. Sadora stated that timing is an issue because any additional information that is requested after the appraisal is completed is time wasted. Vice Chair Gegen asked because the Commission is going through a dossier process could all the information be incorporated into the full dossier so when the Commission is ready to look at another property the information would be available. Ms. Sadora explained that the Open Space Commission falls under the purview of the Planning Department and that all matters must first go to the Planning Director for review and then routed to the Administration and eventually to Council. Ms. Sadora noted that she would provide the Commission with an update at the next meeting. 3 . Discussion on historical roads issue and access issues to Papa`a BAY. The Commission received public testimony from Hope Kallai. Ms. Kallai stated that she just wanted to reiterate her previous request that the County identify the easement by either flagging the outline of the easement or by placing white coral cobble. She noted that once the trail identified it could probably maintain itself. Chair Figaroa asked if she wanted the County to identify the outline of the official easement. Ms. Kallai stated that in 2008 , the County accepted a grant of easement however, the trail was not physically located. Commissioner Evslin stated that even if the trail was identified there is no way the County could clear the trail because from what he understands the trail is impassible. Mr. Jung stated that the problem began when the area caught on fire and all of the ironwood trees had to be cut down and once the trees began to grow back it did not grow upward but continued to grow out and became bushy. He shared with the Commission that both he and Ms. Sadora are working with the Administration and Public Works to try to put together a list of priority trails that needs to be cleared. In addition, they are also trying to put together a crew of volunteers who are working towards becoming true members of the community to go out clear these trails. Page 4of16 Vice Chair Gegen stated that he agrees with Ms. Kallai that the trails needs to be identified and maintained. He stated that he is disappointed with the County because it accepted a granted an easement but did not maintained and historically when that happens the community will end up losing these easements which can be a challenged to get back. He stated that once the County accepts an easement it needs to identify right way and maintain it on a regular basis to prevent from going into litigation to try to get the trail back. In regard to Papa` a Bay, he believes that there is access to the bay but would like to know how to get there legally because a resolution was passed by Council to improve the access by making more accessible to the public. He asked if the Commission would consider looking at the old government road as a possible access but it would have to approach the landowner first to see if some sort of a compromise could be worked out with the landowner. Commissioner Hayashi asked what would it entail if the Commission decided to pursue the old government old. Mr. Jung stated that because the federal court had already ruled that the County road ends at the top of the Wedeman' s reservation, if the Commission were to pursue it, it would have to be through condemnation because the landowner will not allow an easement through his property. Vice Chair Gegen noted that the County has an easement that bisects the Wedeman' s property and maybe the Commission could work with the landowner on improving the trail. Commissioner T. Blake asked if he could exercise his legal rights as a native Hawaiian. Mr. Jung reminded the Commission about the discussion he had with them about customary and traditional gathering rights and encouraged them to read the handout that was provided to them. Chair Figaroa asked if he and Ms . Sadora are working towards identifying all of trails for maintenance reasons or just a few. Mr. Jung stated that the project is in conjunction with Public Works and once the list is completed he will share it with the Commission. Ms. Sadora noted that Les Milnes is helping out with the logistics however, they do not want to overwhelm him with work because the intent is to only consider the trails that need immediate clearing. Chair Figaroa asked if it was possible to arrange some type of open door stewardship with a community organization who is passionate about maintaining the trails. Ms. Sadora stated that it is possible but it needs to be done at this level and go through proper protocol. Commissioner R. Blake mentioned that the Parks Department has a program called Adopt-a-Park which he felt could be reproduced for Public Works to address access issues. Mr. Jung stated that there could be liability issues if the County considers these accesses as parks. Commissioner R. Blake stated that what he is trying to say is use the Adopt-a-Park program as model for public stewardship. Mr. Jung stated that there is a model already in place for stewardship type agreements that involves 501 (c) (3) non-profit organizations. He explained technically these organization would have to provide waivers of liability and certificate of insurance. He noted that it would be Page 5 of 16 difficult for smaller organizations because they would need to provide proper documentation that is required by the County' s insurers. Commissioner R. Blake noted that he knows of a few small non-for-profit organization who are fully licensed with the State. Chair Figaroa stated that there are certain small non-profit organizations who are less organized that have teamed up with larger non-profit organizations . He asked if there was anything to prevent the County from creating a branch that would allow smaller organizations to come under their umbrella for the sake of maintaining the County' s assesses. Mr. Jung explained that once the County starts to create new offices it would have to create new resource requirements which will become a budgetary issue. Vice Chair Gegen stated that if there are small organizations that wants to be come under an umbrella they should seek help from the Garden Island Resource and Conservation development, Hui Laka or Zero Waste Kaua'i all of which would take care of taxing liability issues . Chair Figaroa noted that it would be great to have a list of nonprofit organizations to give to the public. 4 . Discussion on a request from Council Chair Furfaro dated February 5, 2014 reizarding access to Kilauea Falls located on TMK (4) 5-2-012 : 035 , being placed on the Open Space Commission's priority recommendation list. 1 . Proposed letter from the Open Space Commission Chair requesting to meet with Charles Somers and/or his representatives to discuss access issues to the K11auea Falls, located on TMK (4) 5-2-012: 0351 Commissioner Nakahara asked before taking public testimony would it be possible to combine new business Item 1 with unfinished business Item No. 4. The Commission agreed. Chair Figaroa opened the floor for public testimony. The Commission received testimony from Tim Kallai. Mr. Kallai stated that KNA met last Tuesday to discuss access Kilauea Falls. He stated that the Board specifically asked him to make a presentation to the Commission regarding access and to inform them that to date KNA has yet to receive a response from Public Works in regard to a request to have the P1 easement surveyed. He asked if there was a way to hasten the request and that he would speak to Mr. Dill to ask him about the status. He stated in conjunction with the Commission' s discussion to address maintenance of the trails if a survey was done the community would most likely put together a group of volunteers to maintain the P 1 easement. Mr. Kallai also stated that the County has a right-of-way in Lepeuli that was not been kept opened or maintained. He stated that he cannot understand why the County has allowed these trails to become in disrepair because the community that lives in that area would love to be part of a stewardship program to help facilitate the County to keep these trails open. In regard to Kilauea Falls the Kilauea community has narrowed it down to two location the first is the P1 easement but the most preferable is the Mango Tree trail. Page 6 of 16 Mr. Kallai stated that KNA' s president also wanted to know if the Commission sent a letter Mr. Somers. He noted that KNA would like to be on the same page with the Commission when they send their own letter to Mr. Somers regarding access to Kilauea Falls. Commissioner T. Blake asked if the community group he was referring to are members of KNA to which Mr. Kallai replied that KNA is really a group of community volunteers. Commissioner T. Blake asked if KNA comes under 501 (c) (3) nonprofit organizations . Mr. Kallai stated that he is not sure but believes KNA comes under 501 (c) (4). Mr. Jung asked KNA submitted a formal request to Public Works to do the survey to which Mr. Kallai replied that he believes Councilmember Chock had submitted a request on their behalf. Vice Chair Gegen asked in a case such this where community members who are willing to help clear the trails could the Commission use their funds to pay for the survey or at the very least put out an RFP to have the trail cleared. Mr. Jung stated that the Open Space funds can only be used for acquisition of real property entitlements. Vice Chair Gegen stated that he would have no problem approaching Council to ask for RPF to either seek community groups who are willing do the work for nothing or pay someone to clear the trails. He stated that the issue has been going on for so long and the County has done nothing to address the problem. He noted that if it is just for an acquisition he would be happy to speak to Council to see if the ordinance could be changed. Mr. Jung noted that it is not within the purview of the Council to deal with this type of issue because it was first initiated by the Charter which means there needs to be an amendment to the Charter and if it is the will of this Commission then it would need to initiate an amendment. Commissioner Evslin stated that by the look of things the P 1 easement to K-11auea Falls could end up in a marshy area. Mr. Kallai stated that there are people who are under the impression that the existing P1 easement is actually in a wetland or marshy area which is why KNA wants clarification as to where the survey points are because at this point he can only speculate that the P 1 easement is on dry land. Commissioner Hayashi asked for clarification relative to the County' s liability regarding mountain accesses. Mr. Jung stated that he would try to schedule a briefing on liability issues in June. Ms . Kallai stated that she has a background in jurisdictional wetland determination. She stated that there are three elements to determine whether it is a wetland: 1 ) waparirum plants; Z) presence of water; 3 ) muddy soil. She noted that the P1 easement is not in a wetland area. She stated that there are endangered species of birds who depend on the critters that live in the mud for food and for that reason she does not want people trampling all over the area compressing the soil and killing the natural food resources for these birds. Page 7 of 16 She stated that Hawaii does not have any stream or river determination; rivers goes towards the ocean and streams goes towards rivers. The Kilauea is a river has a river bank that has a twenty foot easement which begins on dry land. Commissioner Evshn noted that because the trail is located on the dry side of the river bank it could lead up to Mr. Somers house. Ms. Kallai stated that Mr. Somers brought the property knowing that the trail could lead up to his property which the Planning Director recommended that he plant vegetation within the easement. Mr. Kallai stated that although there were two trail options being considered he has an overwhelming sense that the people in Kilauea thinks that the Mango Tree trail is the appropriate trail because it has been in use for quite some time. Commissioner Hayashi stated that as a resident on the west side it is her understanding that the Hanapepd River tends to shift which makes her wonder whether the same thing is happening to the PI easement. Ms . Kallai stated that she made a good point however the river was dredged post Kaloko which she believes affected the entire hydrology/isobaths. Ms. Kallai stated that the Kilauea River has been seriously diverted; every drop of water that went to the Kilauea Plantation came from a water source that use to go the Kilauea River and the Kaloko Ditch which is still being diverted. She stated that before the water goes back into the Kilauea River the trail needs to be laid out prior to the hydrology; prior to the diversion otherwise the trail will be under water. She noted that 20 feet is a huge easement because most easements are 6 to 10 feet. Ms. Kallai stated that Hydrologist Matt Rosener is probably the person who could address any questions relative to the movement of water. In regard to the maintenance and liability of the Kahili Quarry Road some type of agreement must be made between Fish & Wildlife, County and Mr. Somers to maintain the road. Ms . Kallai added that there is a contractor on stand-by ready to do the work but before it can happen the people who works for Mr. Somers needs to sit down at table with Fish & Wildlife and work out best practices for the surrounding environment. Commissioner Evslin noted that it is difficult for him to imagine that the road maintenance is not a high priority and unfortunate that the Open Space Commission is not the body to enforce road maintenance. He stated that the Commission can only continue, to acquire access to the K11auea Falls and push to identify the P1 easement. He asked whether the Commission would consider sending a letter to the Planning Department and have them figure something out to address the road maintenance. Ms. Kallai state that maintaining the road to so critical because it will provide parking for the public who wants to go to the P 1 easement. Commissioner Evslin stated that it is clear to him that a decision needs to be made because up to this point, the Commission got a lot of feedback from members of KNA relative to its trail options. He stated that it will be hard however to make a Page 8 of 16 decision without a right-of-entry to know if extending the P1 easement would be the least ideal versus the Mango Tree Trail. He stated that although he would advocate for the Mango Tree trail he does not want to influence anyone, he just wants to move forward and get the P 1 easement surveyed. Vice Chair Gegen asked if a letter was drafted to which Chair Figaroa replied that the draft letter is completed but is being revised by Staff. Vice Chair Gegen stated regardless of the options he feels that the Commission should start dialogue with Mr. Somers and the community regarding access to Kilauea Falls. Commissioner R. Blake asked whether the public' s testimony is good enough or should the Commission ask for KNA' s the meeting minutes. Commissioner Evslin stated that it would be sufficient if KNA could just write a letter listing the two trail options. Vice Chair Gegen stated that it would encumber the Commission to do its due diligence by pushing to have the P1 easement surveyed to see which of the two options would make more sense from an overall standpoint. He stated that although the P1 easement may not be the overall choice of the community at least there will an access that is adequate. 5 . Update on Kauapea (Secret Beach)pedestrian public beach access. 6. Update on pedestrian public beach access involving Falko Partners subdivision in the Waipake ahupuaa, The Commission received public testimony from Tim Kallai. Mr. Kallai stated that the developers has given the public another opportunity to see three specific sites unfortunately, KNA could not get their waiver in on time for the first site visit but has every intentions of making the second one. He stated that in the lieu of that he still feels it should be part of the developers due diligence to ensure that the access is in proper shape to even be accepted in their presentation to the County. Mr. Kallai expressed his concerns about a proposal to up some type of barrier corridor to separate the property line and the easement that may or may disturb the view plain. He felt that more discussion is needed on the matter prior to the acceptance of the easement. He asked who will be responsible for the maintenance of the easement; will it fall onto the County or become part of a condition by the Planning Department onto the developer. Ms. Sadora stated the concerns that Mr. Kallai is bringing up has been brought to the attention of Shawn Smith. She explained that the purpose of the site visit was for the public to understand what the developer is willing to give to the community relative to public access. The details regarding what type of fence will be built has not been discussed but to her knowledge it become part of the County' s property. She stated the developers are taking care not to cross over into each other' s the property. She stated that the initial proposal relative to where the easement should end has changed Page 9of16 and the new proposal now shows the easement veering off to the left of where the original proposal called for. Ms. Sadora stated that according to Shawn Smith the developers did not look at the end result because they were more focused on creating an easement but now that they know more attention will made to make path a safer access to the beach. Commissioner R. Blake asked if the Planning Commission has the power to put in a stipulation that the developers have to grant access to the beach. Ms. Sadora said that the access will be dedicated to the County as part of the developer' s subdivision requirements. Commissioner Evslin mentioned that he asked Mr. Jung at the last meeting, if the landowner will be responsible for maintaining the easement to which Mr. Jung said no. Chair Figaroa asked why the landowner wouldn't be responsible for maintaining the easement. Vice Chair Gegen clarified that the County is the landowner because . the easement will be dedicated to the County but as far as the fence the County will only be responsible if it' s built on County land. The Commission received testimony from Caleb Davis. Chair Figaroa asked overall if he knew whether Falko plans to put up a fence. Mr. Davis stated that he has no knowledge of what is being planned for the esthetics of the finalized trail. Commissioner Evslin stated that there is nothing the Open Space Commission can do except to follow the process. Mr. Kallai thanked the Commission for their hard work including the person (s) responsible for giving the general public the opportunity to visit the subject area. He asked if this process could be part of the Planning Commission' because after all a developer should at the very least give back to the community in lieu of a subdivision in an area where there has been no density before. Ms. Sadora stated that a protocol is in place and being enforced by the Planning Department in which any subdivision application that comes through the Planning Commission where access is part of a condition must go through the Open Space Commission for input or recommendation. 7. Discussion on Article XII, Section 7 of the Hawaii Constitution regarding customary and traditional gathering rights . Chair Figaroa asked to defer this item for continued discussion at the next meeting. Page 10 of 16 8 . Update on Commission education topics. Ms. Kallai was distributed a copy if an email is asking the Commission to consider a training workshop with Maui Attorney Tom Pierce regarding historic trails. The Commission received public testimony from Hope Kallai. Ms. Kallai stated that she would like the Commission to facilitate a training workshop. She noted that she spoke to Mr. Pierce and found out that he has a window of opportunity during the first week in June. Ms. Kallai noted that it would be nice to have native Hawaiian component worked into the agenda. Ms. Kallai asked if the public is invited to participate in the workshop. Ms. Sadora stated that the workshop is to help the Commission learn about historic trails which is open to the public. Commissioner Hayashi stated that it was her understanding that Mr. Jung was working on inviting Mr. Pierce to a future meeting. Commissioner T. Blake asked if Mr. Pierce was involved in a case on Kauai. Ms. Kallai stated that the only case she knows of involved the Haleakala trial. Commissioner T. Blake noted that based on his conversation he had with Mr. Jung Mr. Pierce is involved in another case on Kauai and would not be available to address the Commission until the case is over. Ms. Kallai stated she does not want to bet on Mr. Jung because according to an email she got from Mr. Pierce no from the County contacted him. Chair Figaroa asked if the Commission could expedite a communication to Mr. Pierce to invite him to a meeting. Commissioner Hayashi stated that she would rather wait until she hears from Mr. Jung. Commissioner T. Blake stated that Mr. Pierce would not be able to make a presentation anyway because he is involved in a legal case against the County of Kauai. Commissioner Evslin asked Ms. Sadora if she could follow-up with Mr. Jung regarding Mr. Pierce presence at a future meeting to which Ms . Sadora replied yes. At 2 : 58 p.m. Chair Figaroa called for a five minute recess . At 3 : 05 p.m. the meeting reconvened. 9 . Discussion on presentation of the Commission' s 2013 Report to the Kauai County Council and the Ma or. Chair Figaroa stated that the although the presentation to Mayor Carvalho went very well and that he seemed very supportive he was very surprised to see an article in the newspaper regarding a proposal to reduce the annual allocation made to the Open Page 11 of 16 Space Fund. Chair Figaroa stated that the presentation to the County Council also went especially well because they were focused on shoreline setback issue. 10. Discussion on acquisition of land for open space preservation to create a buffer at Salt Pond Beach Park. Commissioner Hayashi stated that her heart is set on acquiring the land because only then can plans be made for the future but if the Commission fails to obtain the land she is afraid of what could happen. She stated that although the Mayor has his own ideas and has even asked the Commission to back off she wants to let him know that the Commission only wants to acquire the land and has no plans expect to keep it open space. Commissioner T. Blake stated that because the land is owned by the State the only way it could be kept as an open space is if the State issues an executive order. Vice Chair Gegen stated that the Commission had talked about asking the Mayor to approach the State to ask for a buffer zone around the historic salt pans including the potential future expansion. Commissioner Hayashi stated that the word buffer seems to be turning off the community on the west side. Commissioner T. Blake stated that he is concerned about the future of the salt pans because of the amount of activity in the area including the homeless people living adjacent to the salt pans . Commissioner Evslin stated that beach park comes under the State because DOCARE enforces the area. Commissioner T. Blake stated that the Salt Pond Beach Park is owned by the State but funds the County lifeguards. Commissioner Hayashi stated that she would like verification on whether the beach park is County or State owned. At 3 : 15 p.m. Commissioner Hayashi left the meeting. Chair Figaroa stated that the public is concerned about two things the proposal to create a buffer zone at salt pond and the raw sewage seeping into the salt pans which he believes is the responsibility of the Parks Department. Commissioner Evslin asked if anything is set in concrete to take that portion of the land out of Ag. Chair Figaroa stated if the land remains with the State, the State could lease it out to a commercial farmer who could use the land for Ag. Commissioner Evslin stated that a buffer zone would keep industrial farming away from the salt pans. Chair Figaroa stated that there is nothing set in concrete and although the Mayor asked to the Commission to back-off he still feels that the Commission should do something. Commissioner Evslin stated that if the Commission could work on a plan Mr. Jung could review it before sending it to the Administration for comments before forwarding it to the State. Commissioner T. Blake stated that would be the best thing because as the saying goes the squeaky wheel gets the grease. Page 12 of 16 Chair Figaroa stated that because the Mayor had plans to do an executive order to maybe the buffer zone could be included in the transfer. Commissioner T. Blake stated that he really does not think that the State would transfer any of its beaches but what they could do is enforce a law to keep people from driving onto sand. Commissioner Evslin stated that if the Commission is really serious about designating the Ag land he would like to know how many acres are involved on the mauka side. Chair Figaroa stated that he believes the land measures up to 373 acres. Commissioner Evslin asked if the Ag land borders the highway to which Ms . Sadora replied yes. Ms. Sadora stated that initially, when the Commission wanted to expand the park it wanted to include the buffer in the same plan. But when the Commission went before the community to propose a park expansion some members in the community did not want it they just wanted protection for the salt pans. Commissioner T. Blake stated that because he is sure that the State will never give up on a piece of land based on an executive order he wants the Commission to come up with another plan and then call in Senator Kouchi to ask him for recommendations on how to proceed. Commissioner Evslin asked what would be the purpose of calling in Senator Kouchi because as he sees it the Administration is already working on a plan. Commissioner T. Blake stated that you have to look at every chance of winning and although he likes the idea of an executive order it will not do anything. Chair Figaroa stated that because the Commission is already working on creating a buffer zone maybe it should include some type of enforcement to protect the salt pans from. commercial Ag. Commissioner R. Blake stated that the Commission' s purpose all seems to be congruent in protecting the area and by acquiring this parcel of land is congruent with what the Commission is charged with. Chair Figaroa stated that working with the State can be an easy route because all it takes is going to the Land Board. Commissioner R. Blake stated that there has to be a junction between the State and the County and if the County decides to put large boulders along the road way as a scenic improvement then the County might be able to block access to the beach similar to what was done at Lydgate Beach Park. Commissioner Evslin suggested that the Commission put its suggestions in the letter to Council in respect to protecting the salt pans and preserve open space. Chair Figaroa asked if the letter would go directly to Council to which Commissioner Evslin stated that he believes that the letter would have to go to the Administration first. Ms. Sadora stated that the letter could be addressed to whoever the Commission wants the end person to be however, the letter must be routed to the Administration first. Chair Figaroa stated that if Council accepts the Commission' s suggestion to place boulders the area they could pass it on to Public Works. Page 13 of 16 Commissioner Evslin stated that the Commission should continue the discussion at the next meeting when Commissioner Hayashi is present before drafting the letter. Commissioner R. Blake stated that it would help to have a map of the area. Commissioner T. Blake stated that the Commission should try to find out what the tenure of the salt makers are. Ms. Sadora stated that there is a lot of mixed feelings on the west side because each Hui has its own ideas. Commissioner Evslin stated that in an effort to protect the salt pans he would like to see the portion of the road leading to the beach blocked off by using boulders. Commissioner T. Blake commented that this will be the Commission's first experience in stirring a bucket of rocks. Chair Figaroa noted that the community wants to protect the salt pans but in their own way. Commissioner Evslin stated that the Commission should formulate a plan first and then schedule a community outreach meeting to let the people know this is what the Commission is recommending to the Administration and whether they accept the recommendation is up to them. Commissioner T. Blake stated that he agrees with Commissioner Evslin because whether the Administration or the community agrees or not at least the Commission is trying to protect the salt pans; all the community needs to do is to point the Commission in the right direction. Ms. Sadora stated that the Commission might want to piggyback with the Administration because up to this point, the Commission does not know what the Administration has planned. She noted that the Administration may already have the community in a good place and if Commission comes in with another plan it would not help the situation which why it would be a good idea for the Commission to find out what the Administration is doing first before formulating a plan. Commissioner Evslin asked if someone from the Administration could provide another update relative to Mr. Trask' s update to which Ms. Sadora stated that she would follow-up with the Administration and Mr. Trask. Discussion on 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 Commissioner T. Blake stated that he was surprise there was not a lot of dissenting voices about what the Commission is doing. He expressed his concerns that there was no discussion about a sunset clause or replacing the funds. He stated that the Open Space Commission is one of the few, if not the only ones whose budget is being reduced by 66%. He noted that no one is reciprocating by not saying that the bill will sunset in two years. Chair Figaroa asked Ms. Sadora to share what she experienced at the hearing yesterday. Ms. Sadora stated that Council had mixed feelings because their decision would impact the County' s financial stability. She stated that the meeting ended with a floor amendment being introduced by Vice Chair Mason Chock reflecting a timeline of two years which would reduce the fund by . 5% and in the year 2016 Page 14 of 16 return the fund to its original 1 . 5%. She stated that the amendment was voted down and the bill was approved as is and taken back to full Council for further review. Chair Figaroa asked if it was normal for counties to have access to other County resources and if Council considered exploring these resources. Ms. Sadora stated that it is her understanding that Council did explore other resources . Commissioner T. Blake asked whether the Planning Committee voted against the amendment to which Ms. Sadora replied yes . Commissioner T. Blake commented that although he understands the fiscal challenges the County is facing he is not happy with the bill and encouraged his fellow Commissioners to attend the meeting to voice their feelings. Chair Figaroa voiced his concerns that the bill would only leave it open for the Administration to take more funds in the future. He stated that the Administration needs to be more responsible when it comes to making financial decisions which brings the question whether other departments are also making foolish decisions. Commissioner T. Blake asked if the money is being used to pay for salaries. Ms. Sadora stated that it is her understanding that the Administration is trying to recover shortfalls in the budget. Commissioner T. Blake asked if the decision to reduce the fund came after or before the legislature gave money to the County to which Ms. Sadora replied she does not know. Chair Figaroa stated that these are the type of questions the Commission should ask Council at their next meeting. Commissioner Evslin asked whether it would be appropriate to draft a letter to Council and appoint a member to represent the Commission rather than have all seven members appear before Council. Commissioner T. Blake stated that it would have a greater impact if all seven members appear before Council. Ms. Sadora stated that although the Commission cannot testify as a body it can do so as an individual member of the public. Chair Figaroa announced that he had just received the revised letter from the Open Space Commission to Mr. Somers requesting to meet with him and/or his representative to discuss access issues to the Kilauea Falls. Commissioner T. Blake shared with the Commission that he spoke to the President of the Kilauea Neighborhood Association Yoshito L' Hote and was told that Mr. Somers has agreed to meet with him at another time to discuss access to the Kilauea Falls. Ms. Sadora noted that she would contact Mr. L' Hote to find out what took place during their meeting and report back to the Commission. Commissioner T. Blake asked whether the Commission should send the letter or wait until she reports back. Ms . Sadora stated that it would be good idea to send the letter because it would show Mr. Somers that the access to the Kilauea Falls is becoming an issue with County' s Open Space Commission and Planning Commission and not just with the Kilauea community. Page 15 of 16 i H. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Figaroa announced that the next meeting is on May 22, 2014 in which all agenda items will remain on the next agenda with the exception of agenda item G 91 Commissioner Evslin stated that if Mr. Somers does not respond by the next meeting he would like to move forward with a discussion on right-of-entry at the next meeting. Ms. Sadora stated that it may be a problem because the letter has to be sent to California. Commissioner Evslin stated that either way he still wants to have a discussion on right- of-entry. I. ADOURNMENT At 3 : 59 p.m. Chair Figaroa declared the meeting adjourned. Submitted by: Mercedes Youn, Co ission Support Staff Approved on June 26, 2014, Page 16 of 16