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HomeMy WebLinkAbout2014-6-12 Open Space Commission Minutes Approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date: June 12, 2014 Resources Preservation Fund Commission Location Mo `ikeha Building — Meeting Room 2A/2B Start of Meeting: 1 : 03 p.m. End of Meeting: 3 : 07 p.m. Present Chair Joseph Figaroa; Vice-Chair Patrick Gegen; Members : Theodore Blake, Randall Blake, Linda Dela Cruz, Luke Evslin, Maurice Nakahara and Karen Ono Also present: Deputy County Attorney Ian Jung (left the meeting at 1 : 54 p.m.) Planning Department Staff Nani Sadora and Duke Nakamatsu; and Boards & Commissions Office Staff. Support Clerk Mercedes Youn Testifiers: Rhoda Libre Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Figaroa called for a roll call attendance with 8 Commissioners present to ascertain a quorum. Approval of the Prior to the approval of the agenda the rules was suspended to allow Ms. Agenda Rhoda Libre to testify on the following agenda items : • G6 . Discussion on acquisition of land for open space preservation to create a buffer zone at Salt Pond Beach Park. • H1 . Discussion on a proposed draft letter to Senator Ronald Kouchi requesting assistance with an executive order to acquire State of Hawaii land to create a buffer area near Salt Pond Beach Park. • H3 . Discussion on a proposed draft letter to the Department of Land and Natural Resources to block motorized vehicles from driving on the beach and near the southern point at Salt Pond Beach Park. Announcements No announcements were made. Approval of Regular Open Session Minutes of April 10, 2014 and April 24, 2014. Deferred to the next meeting. Open Space Commission Regular Open Session June 12, 2014 Page 2 SUBJECT DISCUSSION ACTION Minutes Receipt of Items There were no items received for the record. for the Record Public Ms. Libre - The Kauai Westside Watershed Council and the Hana Testimony Kamoku Puanua is requesting for clarification regarding the Commission' s proposal to acquire land for open space preservation to create a buffer zone at Salt Pond Beach Park including a map of the area. Chair Figaroa indicated that a map of all acquisition recommendations is available in the Commission' s 2013 - 14 Annual Report which can be found on the Commission' s website. Ms. Libre asked if she could also get a copy of a status report if one is available relative to the land acquisitions and if the Commission could defer the matter until all of the details have been worked out between her organization, the State and the Mayor for the preservation of Salt Pond Beach Park as well as the buffer zone. She stated the reason she asked is because she wants to ensure consistency throughout the entire process. Commissioner T. Blake asked for specific details on the type of work her organization is collaborating with the State and other government agencies, nothing that the Commission is also working on its own path and does not want to duplicate -efforts but at the same time wants to cover all bases. Ms . Libre replied they are working with DLNR Chairman William Aila, Division of Land, Docare and the Division of Boating and Recreation for the preservation and restoration of the cultural and natural sources and to establish stewardship who will be responsible for the management of the konahema and ahupuaa. She stated they have gathered data showing a decline in their food supply, native gathering practices and traditions, food nurseries and stocks. She stated that they have been working with these Open Space Commission Regular Open Session June 12 , 2014 Page 3 SUBJECT DISCUSSION ACTION government agencies since Governor Abercrombie came into office and the appointment of DLNR Chair William Aila. Commissioner T. Blake asked if Chair Aila assigned a particular agency to oversee the project noting the reason he asked was because in addition to their efforts the Open Space Commission is looking into acquiring land for open space preservation to create a buffer at Salt Pond Beach Park and stopping motorized vehicles from driving near the southern point at Salt Pond Beach Park. He stated for the Commission to address these issues he would like to see specific details relative to what her organization is doing because he feels it would give the Commission insight when making a recommendation. Ms . Libre stated because the area has been encumbered for two hundred years they would like to be included in the discussions because she felt it would be logical for all agencies to work in concert to address these issues. Commissioner T. Blake stated because there are two different government agencies one to regulate the beach area and the other to regulate camping he felt it would help to include them in the discussion also. Ms. Libre stated perhaps she could invite the person responsible for the stewardship for the konohiki to come a Commission meeting to provide input on the matter. Chair Figaroa inquired whether the Commission could get a copy of a report showing what her organization has accomplished so far to which Ms. Libre replied she would send a copy of the report to Ms. Sadora for distribution to the Commission. Chair Figaroa stated the reason he asked is because from what he understands she wants the Commission to extend to her professional courtesy to allow her organization to handle the situation one conversation at a time in a group setting noting, this is the first time he had heard about a community organization wanting to acquire land from the State for the preservation of the Salt Pond Beach Park. Open Space Commission Regular Open Session June 12, 2414 Page 4 SUBJECT DISCUSSION ACTION The Commission received testimony from Mr. Nolan Olde. Mr. Olde testified the area the buffer zone is being proposed is subject to heavy rain fall turning the area into a swamp. He stated if any work to remove or alter the berms will cause the rain water to seep into the salt pans and will cause it to disappear. He stated as a practitioner in salt making he has seen the effects over the years so much so that if any decisions were made to preserve the salt pans should be clear. Commissioner T. Blake asked if the location he was referring is mauka of the road to which Mr. Olde replied yes, explaining that the berms helps to keep the rain water from seeping into the salt pans. Mr. Olde shared with the Commission that although he applauds the State' s efforts to keep motorized vehicles from driving onto the beach the State did not use enough boulders to cover the length of the DOT (Department of Transportation) fence not to mention the boulders should have been placed along the fence line and not inside of the fence line. Chair Figaroa asked if a lack of the boulders left an opening for vehicular access to which Mr. Olde replied yes. Commissioner T. Blake stated this has been an island wide problem for so long partially because the Docare lacks manpower needed to enforce the rules. He stated in order to combat this problem each community must come together to find a solution because it' s part of their kuleana; waiting for the State to do something will take forever. Ms . Libre replied that is the reason they began to work together with the Kauai Westside Watershed Council to find a better solution to manage the i Open Space Commission Regular Open Session June 12, 2014 Page 5 SUBJECT DISCUSSION ACTION area and protect their food supply. She stated in adherence to their cultural protocol they are also working with the DOT because the problem lies within their jurisdiction. She stated in 1999 the Kauai Westside Watershed Council created a master plan of the konomoku way before the implementation of the watershed Aha'moku system. Ms. Libre stated she wants to assure that every step that is taken is ikipono because their food supply and habitat has been infringed upon for so long. She stated they would like to work with the Commission to resolve these issues and the same time adhere to the Commission' s efforts as well as their kuleana of birthright. Ms. Libre asked if she could get a copy of the map showing the location of the proposed buffer. She shared with the Commission that a taskforce of 10 individual was formed of which few of its members specialize in emergency protocol and data gathering. In addition, to the taskforce they have brought in divers from the University of Hawaii marine biology to assess the area and to show that the food supply and habitat is being severely impacted on. In regard to Item H3 , Ms. Libre inquired whether the area the Commission is referring to located near Paolo point. Chair Figaroa stated the area is near to the airport to which Ms. Libre replied she supports the Commission ' s efforts to keep motorized vehicles from driving on the beach and near the southern point at Salt Pond Beach Park. Ms. Libre asked if a County agency will be assigned to regulate the proposed buffer zone or would the County obtain an outside contract. Chair Figaroa stated although he appreciates all of her questions and good points the Commission has a full agenda and would like to suggest as a solution to place the matter on the next agenda for continued discussion under Item G5 . Commission education topics and instructed Staff to contact Ms. Libre to let her know the date of the next meeting.. Ms. Libre asked if the Open Space Commission Regular Open Session June 12, 2014 Page 6 SUBJECT DISCUSSION ACTION Commission could defer from making any decisions relating to Item G1 until she had the opportunity to make her presentation at the next meeting. Chair Figaroa stated in regard to Item G6, he wanted the Commissioners to share their opinions so that everyone will have a better perspective when making a decision. In regard to the Items H1 and H3 the Commission will be discussing both items as scheduled. Ms. Libre asked if it was right for her to assume that no action will be taken relative to New Business Items H 1 and H3 to which Chair Figaroa replied it will be up to the Commission to decide whether or not a decision will be made. Ms . Libre asked if she could be apprised of the decisions before a vote is taken to allow them the time to respond to things they are unsure of to which Chair Figaroa replied yes. Commissioner T. Blake pointed out that the Commission is a recommending body and any final decisions would have to come from the appropriate parties which in this case, is Senator Ronald Kouchi, DLNR and the County Council. Ms. Sadora explained although the matter will be placed on the next agenda she wants to remind the Commission that there is absolutely no set plans or maps, in fact, the decision to place the matter on the agenda came in as a request from the community to acquire land for open space preservation to create a buffer at the Salt Pond Beach Park. Ms. Sadora stated she does not want the public to get the impression that the Commission has a full scale plan in place because it was only placed on the agenda to show the public that the Commission is taking the matter seriously which is to protect area by creating a buffer at Salt Pond Beach Park. Open Space Commission Regular Open Session June 12, 2014 Page 7 SUBJECT DISCUSSION ACTION Vice Chair Gegen stated from his stand point what the Commission is trying to do is similar to what Ms . Libre is trying to accomplish. He pointed out that the Commission has no intentions of doing major work within the area except to establish a buffer sooner rather than later to keep its pristine beauty and to preserve traditional rights given to the native people many years ago. Mr. Olde mentioned that the County' s parking lot at the Salt Pond Beach Park has a history of retaining rain water that will eventually seep into the salt pans. Vice Chair Gegen stated the problem is out of the Commission' s purview but was glad to hear that his organization is working with the Administration to resolve the problem. With no further discussion, Chair Figaroa thanked Ms . Libre and Mr. Olde for their testimony. Unfinished G1 . Review and Discussion on past recommendations and prioritization of Business the Commission' s work plan/timeline of events and activities. Chair Figaroa asked if there was any discussion on this item, hearing none, he moved on to Item G2 . G2. 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 pedestrian beach access option to Kukui `ula Ba . Mr. Jung stated he has no updates at this time asking if Ms . Sadora had the opportunity to speak with Planning Director Michael Dahilig to which Ms. Open Space Commission Regular Open Session June 12, 2014 Page 8 SUBJECT DISCUSSION ACTION Sadora replied no because the Planning Director has been out of town for the past couple of weeks . She stated there will be no updates until department has had a chance to resolve a procedural issue regarding transition of all transmittals coming from this body to the Planning Director. Vice Chair Gegen stated the last he heard the Administration was having another appraisal done and was going to submit it to the County Council. He questioned what is keeping this body from doing its work noting that Commission had already made a recommendation which he thought was already transmitted to the County Council. Ms . Sadora stated she believes that the Administration is looking to see whether or not it would be cost effective to move forward with the condemnation proceedings. Vice Chair Gegen asked if the Commission's decision is being second guessed by the Administration or the Planning Department. Ms . Sadora stated a request came from the Administration asking for spreadsheet to show how much it would cost if the County decided to proceeding with condemnation. She shared with the Commission that earlier the Planning Director sent a memo to the Administration asking for input on the matter before taking any action to move forward with the condemnation. Ms. Sadora stated Staff has done everything it could to move the Commission' s recommendation forward; however, other factors have come into play which must be dealt with by the Administration in terms of obtaining additional information from outside sources. Vice Chair Gegen stated he does not understand how protocol can get in the way of the Commission' s ability to move forward with its Open Space Commission Regular Open Session June 12, 2014 Page 9 SUBJECT DISCUSSION ACTION recommendation for a condemnation resolution. He pointed out that Chapter 6, Article 14 of the Kauai Code Section 6- 14 .3 (b) Appropriation of Funds stated that the Commission shall transmit biennial recommendations as part of the dossier to the Council for priorities of land or other property entitlements to be acquired, or for the funding of projects directly related to the purposes of the article. Ms . Sadora reminded Vice Chair Gegen that the Commission did make a recommendation to which Vice Chair Gegen responded he is aware that a recommendation was made but just questions why the first appraisal had to expire prompting for another appraisal to done. He stated he believes it is the wish of this body to proceed with a new appraisal if that is what it will take to move forward with the recommendation for condemnation resolution. Ms. Sadora stated to adhere to protocol guidelines the Commission' s recommendation for condemnation resolution was sent to the Administration for review first which prompt the Administration to make a request to the Planning Director Michael Dahilig that he provide a spreadsheet showing what it would cost in the event Council decides to proceed with the condemnation. Vice Chair Gegen stated the Commission clearly understands that funds are needed to cover the cost however, he believes the decision lies with the Open Space Commission and not the Administration. Ms. Sadora stated as part of protocol the Director of Planning is the one who has to answer to the Administration and Council . Mr. Jung stated to clarify the Planning Director needs to work with the Administration to resolve the issue regarding proper protocol. He stated Open Space Commission Regular Open Session June 12, 2014 Page 10 SUBJECT DISCUSSION ACTION from what he understands the issue stems from how things are being transmitted over to Council which prompt the Administration to implement a requirement that everything corning from a department has to go through the Administration first before sending it over to Council. Mr. Jung explained the Planning Director is in sort of a conundrum because although the Commission is the advisory body to the Administration and Council each decision that is made by this body must be funneled through the Planning Director first then to the Mayor who will then transmit the documents over to the County Council . Mr. Jung noted the purpose is to ensure a smoother transition of all transmittals for all Boards and Commissions . Vice Chair Gegen asked if the process is articulated in Commission' s charter or bylaws to which Mr. Jung replied it depends on the level of interpretation when it comes to the charter because the charter does not speak in detail on how to process information. Vice Chair Gegen replied but yet the Commission is required to submit its annual report to Council and as a courtesy provides the report to the Administration to which Mr. Jung replied for clarification the annual report actually goes to the Mayor first then to the Council. Mr. Jung stated the problem is with the Commission' s new dossier process because it does not contemplate either the charter or the ordinance because normally what is transmitted is just the Biennial Report which is set by the charter. He explained with this new approach it does not describe the details in terms of how to get things over to the County Council which is what prompt the Planning Director to work with the Administration to come up with the proper protocol guidelines. He further explained although the Commission falls under the Office of the Boards and Commissions and the Administration the Commission still has Open Space Commission Regular Open Session June 12 , 2014 Page 11 SUBJECT DISCUSSION ACTION an obligation to provide Council with a Biennial Annual Report. Mr. Jung said although he acknowledges the Commission' s concerns about the length of time it is taking there are other issues on the priority list that needs a more attention and will try to his best to coordinate a meeting between the Managing Director and the Planning Director to try to figure something out. Vice Chair Gegen stated time is what caused the first appraisal to become invalid in the first place. Mr. Jung stated the reality is if condemnation resolution moves forward to a condemnation proceeding new appraisals will need to be obtain regardless. Vice Chair Gegen asked when will the condemnation resolution make it to the County Council for consideration? Because from what he understands the resolution was never formally introduced to the County Council. He voiced his frustration about the time expended working on the issue to which Mr. Jung replied the real issue is about dealing with willing landowners. Vice Chair Gegen voiced his frustration about all the time and effort expended by the Commission and it cannot even move the recommendation forward because it was never transmitted to the County Council. Mr. Jung clarified that although the recommendation for condemnation resolution was never formally introduced to Council the recommendation for acquisition was introduced. He stated the concern now is trying to solidify the details of this new process mainly because the Commission has chosen to take on this new approach versus what is laid out in the Charter. Vice Chair Gegen stated the Commission main focus is to seek Council' s approval to continue with the condemnation process . Mr. Jung replied because the Commission is asking Council ' s to consider its recommendation for a condemnation resolution he believes that the Open Space Commission Regular Open Session June 12, 2014 Page 12 SUBJECT DISCUSSION ACTION Administration needs to have input in terms of offering its own ideals relating to expenditure of financial resources due to concerns about disparity on what it would cost to proceed with the condemnation proceeding. He stated the Administration will have to front the initial cost because the legal fees would not be contemplated under the Open Space Fund because of the expenditure of funds is beyond what the Open Space Fund would allow. Vice Chair Gegen voiced his disappointment with the process because he feels it is preventing the Commission from being effective and if anything can done by the next meeting to streamline the process he would greatly appreciate it so that the Commission can finally send the recommendation for condemnation resolution to the County Council for consideration. Commissioner T. Blake stated as he recalls at the last meeting, Mr. Jung did try to explain to the Commission about the new protocol guidelines because the communications/transmittals that was sent to Council from this body previously was basically overlooked. He stated the new protocol in place it will ensure that all transmittals coming from this body via the Administration to the Council would not be overlooked. Vice Chair Gegen asked what is it going to take to get the protocol guidelines completed to which Mr. Jung replied he plans to work with the Director Planning because it is an Administrative issue. Chair Figaroa said from what he understands there is no system in place at the moment and is working towards implementing a system. Mr. Jung stated the current system that is in place is the biennial report which goes to the Mayor first then to Council. Mr. Jung stated the Commission should place a more emphasis in its report by being morespecific about its recommendations . He stated going i Open Space Commission Regular Open Session June 12, 2014 Page 13 SUBJECT DISCUSSION ACTION through a condemnation adds a layer of litigation which will take a lot more time versus properties where there are more willing landowners who are willing to sell to County or create a land sale agreement. He stated the cost of going through condemnation comes from the Administration and the actual price the court puts on a property comes from the Council . He stated the Commission should reassess its priorities by looking at the list in terms of identifying which properties are easier to go after relative to its importance based on what each community is looking at. Chair Figaroa stated from what he understands the Biennial Annual Report had already made its way to Council which at the time the councilmembers were informed that the Commission voted unanimously to approve the recommendation for a condemnation resolution and would send a formal request to Council. Mr. Jung stated although he agrees as a reminder the Commission was also criticized by Council for not creating a list of priorities. Chair Figaroa added in addition to being commended Council also advised the Commission to adhere to the protocol guidelines and do more homework relative to its recommendations to ensure a smoother discussion relative to its recommendation for a condemnation resolution. I Mr. Jung stated the Commission is only obligated to submit a Biennial Annual Report to the Mayor and Council he felt it was okay for the Commission to take steps outside of the perimeters of the Charter. However, as a reminder Council will only review what' s in Annual Report. He stated the fact Council likes the dossier should prompt the Commission to do more homework relative to its specific recommendations because the Commission is just an advisory body who makes recommendations. Open Space Commission Regular Open Session June 12, 2014 Page 14 SUBJECT DISCUSSION ACTION Vice Chair Gegen stated based on today' s discussion he would like the Commission to work on producing quarterly reports and forget about the biennial report to which Mr. Jung replied it ' s really up to the Commission. Vice Chair Gegen stated if that' s what it takes the Commission could write a new report include the recommendations and once Council approves the resolution all of the work would have been done to move forward with the condemnation proceeding. Mr. Jung replied such a move would require an ordinance change. Vice Chair Gegen stated from what he understands the annual report will include a list of recommendations and prioritizations of the Commission' s work plan and timeline of events so when the Commission is ready to make a recommendation it would be based on pertinent information. He stated although he agrees with Mr. Jung that the Commission should be looking at easier priorities this body has already decided to make the former Hoban property a main priority because it has been on the priority list for so long and out of respect for the previous predecessors of this Commission. Commissioner Evslin stated he understands the Vice Chair' s frustration on the time and effort expended by the Commission discussing the issue and would like to see the process streamlined especially if the Commission wants to look at future condemnations due to the lack of unwilling landowners. Mr. Jung suggested that the Commission make a request to the Administration to ask why the communication was never transmitted to the Open Space Commission Regular Open Session June 12, 2014 Page 15 SUBJECT DISCUSSION ACTION County Council and perhaps invite the Administration to the next meeting to explain what happen and to update the Commission on the new protocol procedures. Commissioner T. Blake indicated that he would like to make a motion On motion made by Commissioner T. Blake and based on Mr. Jung' s suggestion. Commissioner Nakahara said he would seconded by Commissioner Nakahara to send a like to second the motion. written request to the Administration requesting for an explanation on why the Commission' s recommendation for a condemnation resolution was never sent to the County Council; update regarding the implementation of the new protocol procedures, the motion carried 8 : 0 Commissioner R. Blake stated the purpose of Ordinance 925 (effective in April 2012) is to better align the authorities provided by the ordinance and that of the County Council by providing feedback on the Commission' s implementation of priorities . Mr. Jung stated before he leaves he would like to address Item G4 . The Commissioners agreed. G4 . Update on pedestrian public access involving Falko Partners subdivision in the Waipake ahupuaa. Mr. Jung stated there are two openings available if any one of the Commissioners would like to go on the third and final walk through the subdivision with the landowner. He stated walk is scheduled for either June 27 or June 30 at 10: 00 a.m. both Commissioners Evslin and R. Blake Open Space Commission Regular Open Session June 12, 2014 Page 16 SUBJECT DISCUSSION ACTION expressed their willingness to go. Staff acknowledge the request and will make the necessary arrangements and contact the Commissioners via email with the correct date and time. Mr. Jung left the meeting at 1 :54 p.m. Chair Figaroa called for a 5 minute recess 1 : 55 p .m. The meeting reconvened at 2 : 10 p.m . *Note Chair Figaroa also expressed his willingness to go on the site visit. Ms. Sadora acknowledged Chair Figaroa' s request, Commissioner Nakahara requested that the Commission combine Items G3 and H2 because they relate to access issues to Kilauea Falls. Unfinished Item G3 . Discussion on a request from Council Chair Furfaro dated February 5 , 2014, regarding access to the Kilauea Falls located on TMK (4). 5-2-012 :035 , being placed on the Open Space Commission 's priority recommendations list and letter from the Open Space Commission Chair requesting to meet with Charles Somers and/or his representatives to discuss access issues to Kilauea Falls. . New Business Item H2. Discussion on a proposed draft letter to be submitted to Charles Somers and/or his representatives regarding a ri hg_t- of-entry request to enter property identified as TMK (4) 5-2-012 : 035, to do a limited meeting site visit with the Commission to Kilauea Falls. Commissioner Dela Cruz asked if the letters was sent to Mr. Somers. Ms . Sadora stated an uncertified letter requesting a meeting with Mr. Somers was sent on May 13 with no response and another follow-up certified letter was sent on June 5 but to date no return receipt was received to provide Open Space Commission Regular Open Session June 12, 2014 Page 17 SUBJECT DISCUSSION ACTION proof of delivery. Commissioner Evslin pointed out that at the last meeting, the Commissioners all agreed that if there is no response within a reasonable time period the request for a right-of-entry would be sent regardless. Ms . Sadora stated she believes the letter he was referring to is the request to meet with Mr. Somers and not the request for a right-of-entry because the Commission wanted to discuss the matter further. She noted if the Commission wants to move forward with the request for right-of-entry she will ask Mr. Jung for his input regarding a standardized letter used for this type of request. Chair Figaroa stated because Mr. Jung had to leave the meeting he ask if she could text Mr. Jung to ask him about the standardized letter to which Ms . Sadora replied she already did. Ms . Sadora asked for clarification whether the Commission wanted to review the letter before she sends it to Mr. Somers if not, she will have Mr. Jung draft the letter and send it out. Chair Figaroa stated because it' s a standardized letter he does not believe the Commission needs to review the letter. The Commissioners agreed. Chair Figaroa then called for a motion to have Staff draft the letter and send it certified mail to Mr. Somers asking for right-of-entry to enter property identified as TMK (4) 5-2-012- : 035 , to On a motion made by Commissioner Evslin and do a limited site visit with the Commission. seconded by Vice Chair Gegen to allow Staff to send a written request to Mr. Somers asking for a right-of-entry to enter his property to do a limited site visit, the motion carried 8 : 0 After the vote, Chair Figaroa asked Staff to email the Commissioners with the date the letter was officially sent out to which Ms. Sadora re plied yes . Open Space Commission Regular Open Session June 12, 2014 Page 18 SUBJECT DISCUSSION ACTION Commissioner Evslin voiced his concerns whether a timeline would be included in the request because if there is no response by Mr. Somers within that timeline what is the Commission' s next step. Chair Figaroa stated he would allow up to 30 days for a response and if no response is received by then the Commission could always send a follow-up letter demanding response. Ms. Sadora pointed out based on Commissioner Evshn concerns she would combine a discussion on a proposed draft letter requesting for a right-of-entry request under Unfinished Item F3 for continued discussion. F5 . Update on the Commission education topics. Chair Figaroa stated after listening to Ms. Libre' s testimony Staff could work on the language for placement on the next agenda for continued discussion. Ms . Sadora stated another item of interest is a presentation by Maui Attorney Tom Pierce regarding the Haleakala Trail case. She stated based on his availability Mr. Pierce ' s presentation has been scheduled for August 14. Chair Figaroa noted in addition to Mr. Pierce' s presentation he asked Staff if it was possible to schedule another meeting with Ms. Libre regarding the Salt Pond Beach issue. Vice Chair Gegen stated two years ago, the Commission submitted its Biennial Annual Report to the Mayor and he indicated that he was working on trying to resolve the same issues. He stated perhaps it would be a valuable to invite someone from the Administration to see what they are doing during the same Ms . Libre' s is scheduled to do her presentation and maybe the Commission could piggyback with the Administration' s to assist in their efforts. Open Space Commission Regular Open Session June 12, 2014 Page 19 SUBJECT DISCUSSION ACTION The Commission received testimony from Ms. Hope Kallai. Ms. Kallai stated she would like to invite the Commission to a presentation by HILT regarding conservation land in Waiakolua on Saturday, July 12, 2014, from 6:30 p.m. till 8 p.m. Ms. Kallai noted that the easement is a very limited access located just makai of Kapinau heiau. Chair Figaroa asked if she knew someone in the community who knows about land conservation because he feels the more education the Commission receives would be beneficial when making decisions . Ms. Kallai stated she was waiting for the Commission to select a date for Tom Pierce ' s presentation because she has a plans to invite folks from Maui and the Big Island the same week. Ms . Kallai stated in addition to inviting the folks from the other islands she would like to invite Moana Rolland from Na ala hele. The Commission received testimony from Tim Kallai , Mr. Kallai stated in regard to Na ala hele there are couple of positions that were lost and if the Commission could assist by putting out the word to try to get other individuals onto the board to fill these positions he would be very grateful. He shared with the Commission that the Mayor made a presentation to the Kilauea Neighborhood Association regarding a maintenance plan to maintain the trails at Lepeuli. He stated one of the concerns that was brought to KNA attention was the fencing off of the alleged alaloa trail. He stated relative to the aspects of the fencing it is his understanding that a letter was written to the Land Use Commission to make a determination on the conservation district boundary regarding the boundaries of the fence. He stated he wants to prevent the same situation Open Space Commission Regular Open Session June 12, 2014 Page 20 SUBJECT DISCUSSION ACTION relative to the Hapa Trail from happening again and is concern whether the County would put up a fence without the State' s approval. The Commission received testimony from Felicia Cowden. Ms. Cowden thanked the Commission for all its effort in trying to protect and preserve the alleged alaloa trail. The Commission received testimony from David Jenner. Mr. Jenner stated he is concerned about plans to build a fence that he feels will block off the alleged alaloa trail not to mention it set a very bad precedence. He stated as the Open Space Commission he feels that the Commission should voice an opposition because once the fence goes up and blocks the alleged alaloa trial any chances of keeping the trail open will be gone forever. Chair Figaroa asked Mr. Kallai if he could email a hard copy of the Mayor's presentation to the Commission. Ms. Sadora stated Mr. Jung would be more than happy to provide the Commission with a hard copy of the Mayor's presentation. The Commission received testimony from Hope Kallai. Ms. Kallai referred to a map showing the location of the proposed 10 feet fence. She stated the section in question is where the conservation easement begins and the agricultural zone ends. She stated conservation use permits are required before a fence can be built and from her understanding neither the developer's paid archeological consultant nor the State' s historic preservation division possess the capacity to determine Open Space Commission Regular Open Session June 12, 2014 Page 21 SUBJECT DISCUSSION ACTION whether any historic site found and evaluated meets the criteria for having an important value to native Hawaiian people be infringed upon. She stated the Mayor is planning to fence off an area without consulting with OHA, Na ala hele and SHPT. 7. Discussion on proposed Bill to amend Chapter 6, Article 14, Section 1 , Kauai County Code, to reduce the annual allocation made to the Public Access, Open Space, and Natural Resources Preservation Fund. Commissioner T. Blake stated it is his understanding that the issue has been voted down. Commissioner R. Blake stated the reason the item is still on the agenda is because he made a motion to send a thank you letter to the County Council for retaining the Commission' s Open Space Fund, Chair Figaroa indicated that he was just handed a draft letter (On file) which he will passed on to the Commissioners for review. He stated upon the Commissioners approval he will instruct Staff to send the letter. Commissioner R. Blake asked if there was a place for the Commissioners signatures to which Ms. Sadora noted she would need to step out for a while to amend the letter. Chair Figaroa read the final draft letter into the record "On behalf of the Public Access, Open Space and Natural Resources Preservation Fund Commission, we would like to express our gratitude to all members of the County Council and commend you ,for your due diligence during the budget process specifically, with the non passage of'Bill 2541 in keeping the Open Space Fund at its current appropriation of one and one-half percent of the certified tax revenues. This decision will continue to support our mission, purpose and foundation of this Commission. We as a Commission will be able to continue our efforts in addressing long term Open Space Commission Regular Open Session June 12, 2014 Page 22 SUBJECT DISCUSSION ACTION access issues, historical land issues and its quest in planning ahead far opportunities including acquisitions of future accesses for Kaua `i. Look forward to our annual.status report at the end of 2014 an too out next Biennial Annual Report for 2015. Mahalo. i Chair Figaroa called for a motion to approve the final draft of the On a motion made by Commissioner R. Blake to Commission' s thank you letter. accept the final draft thank you letter in its entirety, and seconded by Commissioner Dela Cruz, the motion carried 8 : 0 New Business H1 . Discussion on a proposed letter to Senator Ronald Kouchi requesting assistance with an executive order to acquire State of Hawaii land to create a buffer area near Salt Pond Beach Park. Chair Figaroa asked whether it is the Commission' s wish to initialize a letter to Senator Kouchi . Ms. Sadora stated at this point she believes that the Commission wanted to discuss the matter further; however, with the testimony that was received earlier in the meeting by Ms. Libre the Commission agreed to allow Ms . Libre to educate the Commission at the next meeting before making a decision to send the letter. Chair Figaroa stated he would like to defer the matter for continued discussion at the next meeting to which the Commissioners agreed, H2 . Discussion on a proposed draft letter to be submitted to Charles Somers and/or his representatives regarding a right-of-entry request to enter property identified as Tax Map Key (4) 5-2-012- : 035 , to do a limited meeting site visit with the Commission to Kilauea Falls. H3 . Discussion on a proposed draft letter to the Department of Land and Natural Resources to block motorized vehicles from driving on the beach and near the southern point at Salt Pond Beach Park. Open Space Commission Regular Open Session June 12, 2014 Page 23 SUBJECT DISCUSSION ACTION Chair Figaroa noted because Items H 2, and H3 was discussed earlier in the meeting no further discussion would be necessary. Next meeting Next regular meeting — June 26, 2014, at 1 : 00 p.m. in the Mo 'ikeha date and agenda Building in Meeting Room 2A/2B . topics for discussion Chair Figaroa noted that the following items will remain on the next agenda: • Unfinished Business Items F. 1 -5 • New Business Items H. 1 -3 Vice Chair Gegen asked whether the Commission could get an update on the status on Kauapea at the next meeting. Ms. Sadora explained the Commission has done all it could up to this point regarding Kauapea which currently going through a legal process to determine where the location of the recorded easement will be. Commissioner Evshn stated another interesting topic he would like the Commission to discuss is an acquisition process involving willing landowners. Chair Figaroa stated he would like the Commission to be provided with a budget report from the time Ordinance 925 was first adopted. Commissioner Dela Cruz suggested that the Commission wait until the start of the new fiscal year which is in July to receive the budget report to which Chair Figaroa stated he would like to keep the topic as an on-going agenda item in case the Commissioners wanted to have a discussion on the budget. Chair Figaroa asked if it was possible for the Commission to get a status report relative to the implementation of the new protocol guidelines for transmitting documents over to the County Council. Ms. Sadora acknowledged the Commission ' s request and will place all items on the next agenda. In addition, Commissioner R. Blake asked if the Open Space Commission Regular Open Session June 12, 2014 Page 24 SUBJECT DISCUSSION ACTION Commission wanted to see the presentation Mr. Jung gave to the Kilauea Neighborhood Association on behalf of Mayor Carvalho to which Chair Figaroa replied yes. Adjournment With no fiirther business to discuss, Chair Figaroa declared the meeting At 3 :07 p.m. Chair Figaroa declared the meeting adjourned. adjourned. r Submitted by, zcadaAp K Mercedes Youn, Staff Support Clerk Reviewed and Approved by: Joseph Figaroa, Chair { x} Approved as circulated on December 11 , 2014. ( } Approved as amended. See minutes of meeting.