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HomeMy WebLinkAbout2014-6-26 Open Space Commission Minutes Approved PUBLIC ACCESS, OPEN SPACE &NATURAL RESOURCES PRESERVATION FUND COMMISSION Regular Meeting Minutes of June 26, 2014 The regular meeting of the Public Access, Open Space & Natural Resources Preservation Fund Commission was held at the Lihu` e Civic Center, Mo' ikeha Building in meeting room A2?2B . The following Commissioners were present: Joseph Figaroa, Chair Patrick Gegen, Vice Chair (Arrived at 1 :22 p.m.) Theodore Blake Randall Blake Luke Evslin (Arrived at 1 : 10 p.m.) Dorothea Hayashi (Arrived at 1 : 19 p .m.) Maurice Nakahara (Left at 2.45 p.m. Karen Ono Excused: Linda Dela Cruz The following staff members were present: Planning Depart Nani Sadora and Duke Nakamatsu; Boards and Commissions Staff Mercedes Youn. Ms. Sadora stated for the record that Deputy County Attorney Ian Jung was unable to attend the meeting due to prior work commitments. A. CALL TO ORDER Chair Figaroa called the meeting to order at 1 : 03 p .m. Ms. Sadora announced that Deputy County Attorney Ian Jung will not be present. B. APPROVAL OF THE AGENDA The agenda was approved as circulated C. ANNOUNCEMENTS Commissioner Nakahara announced he would have to leave the meeting at 2:45 p.m. Commissioner Randall Blake announced that he is unable to attend the meeting on July 101h Page 1 of 15 D. APPROVAL OF MEETIG MINUTES 1 . Minutes of April 10, 2014 2 . Minutes of April 24, 2014 3 . Minutes of May 8 , 2014 Commissioner Ono noted with the exception of a few typographical errors the minute's looks fine. The Commission declared the meeting minutes of April 10, 2014 and April 24, 2014 approved as circulated. The Commission declared the minutes of May 8, 2014 approved as amended. E. RECEIPT OF ITEMS FOR THE RECORD There were no items received. F. UNFINISHED BUSINESS 1 . Review and discussion on past recommendations and prioritization of the Commission' s work plan/timeline of events and activities. Chair Figaroa stated it seems that a lot of properties listed in the Commission ' s past recommendation are less expensive to acquire and does not involve any major or potential development. He asked why the Commission can' t simply purchase these properties than rather condemn them since it has the funds. Commissioner T. Blake asked if he could give the Commission examples of properties he was referring to. Chair Figaroa stated generally he was thinking along the lines of the former Hoban property because rather than prolonging the process the Commission could ask for an official amount and just purchase the property out right since it has the funds . He stated at this point who cares if the former Hoban property is above market price; the bottom line is the Commission has the funds to purchase the property. Chair Figaroa added that the Commission should start by looking properties that are easily obtainable rather than go through a lengthy process. Commissioner T. Blake stated he highly doubts that the Hoban property sold for 2 million dollars because why would the landowner want $600,000 for a 3 foot easement which is Yd of selling price. He stated the only argument the landowner has to fall back on is wanting a peace of mind but in his opinion no rational Judge would agree with the landowner' s claim of wanting privacy or a piece of mind is worth such an exuberate amount. He noted that it is more than likely the property would probably end up as a TVR which would go against the argument of.loss of privacy. He stated as Mr. Jung once said the Commission should start prioritizing and go for the low hanging fruit and may be after the Commission can make better decisions in other areas. Page 2 of 15 Commissioner Nakahara stated he agrees with Commissioner T. Blake that the Commission should go for the low hanging fruit because if the Commission decides to purchase the property some kind of mutual agreement needs to be reached in terms of an appropriate price. Chair Figaroa stated taking each situation on a case by case basis is a good thing but the Commission should explore finding willing landowner ' s who are willing to sell their property and whose property is not slated for potential development then maybe some type of agreement can be worked out with the County for this body to acquire the land. Ms. Sadora stated although the agenda is growing she understands the Commissions frustration in trying to accomplish things whether going through condemnation or dossier process . She stated in trying to get the Commission back on track she felt that the Commission should begin by streamlining the process in terms of simplifying and eliminating unnecessary steps. She stated if the Commission wants to look into the possibility of purchasing property it should refer to its list of current and past recommendations. She stated since 2005 only two properties were purchased out right everything else was either accesses that existed at one time or were controversial . She stated the Commission should focus on these recommendations or look at the island as a whole in terms of expanding open space or acquiring access along the coastline. Ms. Sadora stated at this point there has been no activity in terms of an acquisition; however, some of the recommendations can still be pursued with no out of pocket expense because the Commission could work with other entities to open accesses which will become part of the Commission's inventory list. She stated although she understands the Commission desire to want to set some type of activity in motion whether it's to condemn the former Hoban property or purchase the property land out right she feels that the Commission should narrow its search to potential properties that can be purchased out right rather than deal with properties that are controversial . The Commission received public testimony from Caren Diamond. Ms. Diamond stated in 2005 when the Commission was first established there was concerns about public accesses that were either lost or referred to as opala issues. She stated it would help the Commission to hire outside legal counsel to assist with obtaining the necessary appraisals and recordation of potential accesses. She stated she agrees with Commissioner T. Blake' s suggestion to go after the lower hanging fruit rather than spend time on lengthy legal battles. Ms. Diamond suggested that the Commission work with the Legacy Lands agency because although the Commission has the funds to purchase it has never made any recommendations to acquire space open. 2. Update on a recommendation to County. Council for condemnation resolution for a portion of TMK 4 2-6-003 : 017 to obtain a pedestrian public beach access easement to Kukui`ula Bay through the former Hoban property and discussion on alternative pedestrian public beach access options to Kukui`ula Bay. Page 3of15 Commissioner Evslin stated at the last meeting, the Commission requested someone from the Administration to provide insight relative to where the condemnation resolution stood at Council. Ms . Sadora stated although she cannot provide any updates she was able to confirm with Planning Director Michael Dahilig on the proper guidelines for transmitting agenda items to Council. She explained moving forward all transmittals/requests from this body will be sent to the Planning Director first for review who in turn will send it to the Administration for input if deemed necessary then transmitted to Council for placement on the agenda. She further explained that the Commission will receive a copy of the transmittal along with the date it was sent including a time stamped copy of when the transmittal was received by the designated agency. She noted that not all requests will guaranteed a response. Ms. Sadora pointed out if Council decides not to take action on a specific issue the Commission could still ask for an update using the same process. Commissioner Evslin asked if an official request from the Commission asking for an update on the condemnation resolution was sent to the Administration to which Ms. Sadora replied there was no written request because it was done verbally but for the sake of tracking everything from now on be in writing. She stated in regard to the concerns about the condemnation resolution being held up by the Administration; the Administration is part of its own due diligence by reviewing its feasibility before sending the recommendation to Council. Ms. Sadora stated not want to confuse the situation even more but the request was sent to Council; however, the Administration felt it was necessary on their part to do its own due diligence in terms on the feasibility. Vice Chair Gegen asked if a copy of the request was available to which Ms. Sadora replied no, but steps are now being taken to get a timely response on any specific issue. Vice Chair Gegen stated at its meeting on January 23 , 2014, the Commission voted unanimously to send a recommendation for a condemnation resolution asking what has been done in terms of follow-ups. Ms. Sadora stated a memorandum will be sent to Council requesting for an update to which Vice Chair Gegen replied when will the memo be sent to which Ms. Sadora replied either today or tomorrow. Commissioner Evslin stated in addition to getting an update by Council he feels that the Commission should get an update from the Administration to which Ms. Sadora replied the Administration will now get to see the request because of the new routing process that is in place. In addition, Commissioner Evslin asked if the Commission could get an update on the new appraisal . Vice Chair Gegen stated from what he understood the recommendation was part of the dossier. Ms. Sadora stated the recommendation was not part of the dossier because the Commission wanted to send the recommendation as a separate communication to Council to which Vice Chair Gegen replied because the previous appraisal was no longer invalid the Commission had no choice but to allow the Administration to get another appraisal to help to complete the dossier. Page 4of15 Ms. Sadora stated she would provide the Commission with a copy of a cost sheet that was provided to the Administration and if the Commission wanted Council to have a copy of also she could attached to the follow-up memo to Council asking for an update relative to the condemnation resolution. Vice Chair Gegen asked what is expected in the dossier to which Ms. Sadora explained when the Commission decided to do the dossier it involved a complete work-up of how the Commission viewed the purchase which included the first appraisal. But because it now involves the condemnation which was not part of the previous dossier additional expenses occurred because more information was needed . She stated once the Commission reviews the worksheet it will have a better understanding on the cost and Council decision to either move forward with the condemnation proceedings or not. Chair Figaroa asked prior to the new routing system did the Commission' s original recommendation for a condemnation resolution reach Council to which Ms. Sadora replied it have should have gone to Council but not for an opinion. Chair Figaroa stated he recalls during the Commission' s 2013 annual presentation to Council the members was not aware that a condemnation resolution was being recommended. Ms . Sadora stated may be at that point, Council did not receive the recommendation because she thinks it was still being circulated. Vice Chair Gegen asked if a dated copy of transmittal was available to which Ms. Sadora replied yes. Vice Chair Gegen stated based on Mr. Jung's comments request for condemnation resolution was not sent to Council because it was stuck in Planning. Ms. Sadora replied from what she understands with the new routing system in place every communication or request must go to the Administration for final review and input. Vice Chair Gegen commented according to Mr. Jung comments he was under the impression nothing was sent. Ms. Sadora replied that the recommendation for condemnation was transmitted to the County Council who now needs to decide whether or not to move ahead with a condemnation resolution. Ms. Sadora explained although a worksheet was created as a result of the Commission ' s recommendation for a condemnation resolution Council came back asking for more information which prompt the Planning Department and the Administration to step in. Ms. Sadora stated both she and Mr. Jung met with Planning Director Dahilig to discuss the new protocol guidelines relative to communicating with the County Council and the Administration. She stated any updates the Commission wants may not guarantee a response because no action was taken on the matter. However, every effort will be taken to track these request and responses by requesting a copy of the receipt from the body the communication was sent to. Commissioner Hayashi stated from what she understood the Mayor was going to step in to negotiate with the landowner for the former Hoban property. Ms. Sadora stated the Mayor supports the idea. Chair Figaroa stated Commissioner Hayashi brought a good point because from what he recalls during the presentation of the biennial report the Mayor verbally mentioned he would discuss the matter with the landowner to try to negotiate a price. Ms. Sadora stated she believes that the Mayor' s intent was only to Page 5of15 support the Commission and not engaged in any type of negotiations. Commissioner R. Blake stated the fact that the Commission communicated with Council through its annual report should be enough to get their attention because the Commission has spent countless hours and years trying to move this matter forward. Vice Chair Gegen stated he would like to see a copy of whatever was sent to Council before the Commission starts to make accusations including a copy of the worksheet that identifies the potential cost and attached it to draft letter the Commission will compose at the next meeting. 3 . Discussion on a request from Council Chair Furfaro dated February 5 , 20141 regarding access to the Kilauea Falls located on TMK (4) 5 -2-012-:035 , being place on the Open Space Commission' s priority recommendation list. Chair Figaroa noted that the Kilauea Falls has been placed on the Commission' s recommendation list. • 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 TMK (4) 5-2-012 : 035, to do a limited meeting site visit with the Commission to Kilauea Falls . Chair Figaroa asked if the letter was submitted to Mr. Somers and whether a response came back to which Ms. Sadora replied she received confirmation that the letter was received but no one has contacted her. Commissioner R. Blake asked for the date the letter was received to which Ms. Sadora replied the return receipt shows June 10. Commissioner Evslin stated according to a statement made by Commissioner T. Blake a representative from KNA said Mr. Somers acknowledged receipt of the letter to which Ms . Sadora replied yes . Commissioner T. Blake stated from what he understood the president of KNA met with Mr. Somers to discuss options of having different access routes including plans for a future site visit. He stated to avoid confusion he felt it would be best for the Commission to follow KNA' s lead but at the same time be prepared to react should a situation arise. He noted based on Mr. Somers previous actions this is a big step for him in terms of reaching out to the community. Commissioner Nakahara pointed out that he noticed there are a few members of the KNA in the audience and may be they could provide input relative to the meeting between Mr. Somers and KNA' s President Yoshito L' Hote. Chair Figaroa asked the Commissioners if they would like to continue the discussion, if not, he would open the floor for public testimony. The Commission received public testimony from Tim Kallai. Mr. Kallai stated as a member of KNA he does have the specifics in terms of what took place at the meeting between Mr. Somers and President Yoshito L' Hote. He stated in Page 6of15 regard to any feedback from Mr. Somers regarding the Commission's request for a right- of-entry he has not heard anything. Commissioner Evslin stated at some point the Commission must decide whether or not it wants to pursue the right-of-entry by sending Mr. Somers a request or drop the issue and wait or to see what KNA can produce. He stated it would be hard for the Commission at this to do anything without knowing what KNA is doing on their side. He stated he was hoping that the Commission would make a decision today whether or not to move forward with the request for a right-of-entry. Mr. Kallai stated although he cannot speak for KNA he would be more than happy to give the members of the KNA the heads up at the July 1 meeting relative to the Commission' s intentions. Chair Figaroa noted that it would be great to get some feedback from KNA before moving forward with the request for the right-of-entry. Mr. Kallai asked if the Commission had specific questions they would like him to ask KNA. Commissioner Evslin stated as he sees it there are two options: 1 ) the Commission could go ahead with its request for a right-of-entry or 2) hold off. He stated whether or not the Commission decides to hold off until KNA gives an official opinion either way would help to avoid any duplication of efforts. Chair Figaroa stated putting together a list of questions for KNA would help to avoid any duplication of efforts and allow the Commission and KNA to pursue its own paths. Chair Figaroa called for a motion to instruct Staff to draft a letter for a request for right-of-entry to visit Mr. Somers property. Commissioner T. Blake he would like to make a motion to postpone all efforts by the Commission to gain access to Kilauea Falls including the request for a right-of-entry until the Commission receives a response from the Kilauea Neighborhood Association. Chair Figaroa called for a second, the motion died due to a lack of a second. Commissioner Blake stated because the meeting between KNA President L` Hote and Mr. Somers went fairly well he would rather KNA take the lead. Commissioner Evslin stated he believes that Chair Figaroa wanted a motion to draft a letter to KNA to ask for their official opinion on how whether the Commission should hold off or keep taking steps to gain access to Kilauea Falls including postponing the request for a right-of-entry until the Commission hears back from KNA. Commissioner T. Blake thanked Commissioner Evslin for clarifying and stated he agrees with the Chair. On a motion made by Commissioner T. Blake and seconded by Commissioner R. Blake, to postpone any action by the Commission to gain access to Kilauea Falls including postponing a request for a right-of--entry to Mr. Somers to visit Kilauea Falls, the motion carried (7 : 1), with (7) ayes from Commissioners Theodore Blake, Randall Blake, Luke Evslin, Dorothea Hayashi, Karen Ono, Joseph Figaroa; and Patrick Gegen; and (1) nay from Commissioner Maurice Nakahara. Page 7 of 15 4 . Update on pedestrian public access involving Falko Partners subdivision in the Waipake ahupuaa. Chair Figaroa suspended the rules to allow public testimony. The Commission received public testimony from Ms . Caren Diamond. Ms. Diamond testified that she finds it interesting on how hard it is to dedicate public easements on the island and would like to encourage the Commission to put its fall support to obtain public access in the Waipake ahupuaa. She stated she has walked on the trail many times and appreciates its siren beauty and the fact that there are no public restrooms in area. The Commission received public testimony from Mr. Tim Kallai . Mr. Kallai testified that he also supports public easement because he feels that the public should have access to every beach on the island. He stated he would like to see more dialogue with the developer relative to safety of the proposed easement because he has seen photographs showing rocks on the lower portion of the proposed easement that has taken a toll from high wash waves. He stated if somehow the County could involve the State to assist in locating the costal lateral trail would prevent further problems in the future. He stated if the State does not do its own due diligence as a request from the Commission as well as the public he does not know what else can be done. He stated if it does not happen he does not want it to stop the County from getting the acquisition. The Commission received public testimony from Ms . Hope Kallai, Ms . Kallai testified that she wants to learn from this lesson to avoid this type of situation from happening again. She voiced her concerns about the Planning Commission approving an easement that stops five hundred and eighty feet from beach which she believes should have been some ground work first. She stated the fact two from individuals from the Planning Commission subdivision/subcommittee made a decision to accept these subdivision plans without public input should have never happened because she believes that there were enough triggers to initiate public reaction. Ms . Kallai stated there are cultural impacts that have not been considered relative to the project/easement which is not fault of the County or the Planning Commission but the State because she feels that the State should have taken the lead. She suggested that perhaps the Commission could dialogue with the archeologist regarding the type of impact it will have to the historic cultural trail . She stated the fencing of the alleged alaloa trail will be a main issue and at this point she does not know what can done to prevent it from happening but would like to work with the Commission to figure out how to avoid this type of situation from happening in the future and learn from it. With no further testimony, Chair Figaroa called the meeting back to order. Page 8 of 15 Commissioner T. Blake stated the County has a system of trails throughout the island most of which are owned by the State and to go through the same process for every trail does not make sense to him because if it' s a State owned trail the burden should be on State to determine the location of the trails . He stated although he credits both Tim and Hope Kallai for the time and effort they have spent on the issue the really boils down to being a legal issue. Commissioner T. Blake stated he would like to see the Commission take positive steps and perhaps hire a special group to go out and identity these trails which he believes would help the State to take some action, Commissioner R. Blake stated he agrees with Commissioner T. Blake comments and perhaps the Commission could ask specific questions during the Commission' s education session with Maui Attorney Tom Pierce. Vice Chair Gegen stated it seems that the discussion is starting to revolve around the alleged alaloa trail when it would should remain on the public access involving Falko Partners subdivision in the Waipake ahupuaa. He suggested that perhaps the Commission could ask Staff to place the alleged alaloa trail on the next agenda for further discussion. He added that the Commission did try to use the Falko Partners subdivision as an opportunity for the State to identify the alleged alaloa trail but the State refused. Vice Chair Gegen stated he agrees with Ms. Diamond that Falko Partners are meeting the requirements of what is needed to do the subdivision according to the Hawaii Revised Statutes which he believes will still keep the area relatively scenic and address the concerns about the twelve foot cliff. 5 . Update on Commission education tonics. Ms. Sadora stated as a result of Ms. Libre' s testimony at the Commission' s last meeting there will now be two groups that will be doing a presentation. In regard to Mr. Pierce' s presentation he is schedule for August 14; Ms . Moana Rolland presentation will still need to be finalized. Commissioner T. Blake asked if it was possible to make other suggestions on authorities on trails besides Ms. Rolland and Mr. Pierce to which Ms. Sadora replied yes . Chair Figaroa asked if it was possible to have someone who could educate the Commission on the alleged alaloa trail. Vice Chair Gegen stated perhaps that is something Mr. Pierce could educate the Commission about. Ms . Sadora stated perhaps the Commission should wait until it hears from Mr. Pierce because he could provide some type of direction as to how the Commission should proceed with identifying the alleged alaloa trail. Commissioner T. Blake asked if it was possible after Mr. Pierce ' s scheduled presentation if the Commission could hold seminar on another date and invite others in the community who are considered experts on the alleged alaloa trail to which Ms . Sadora replied it would depend on Mr. Pierce's availability at that point. Commissioner T. Blake asked if it was possible would the County agree to take care of the expenses to which Ms. Sadora replied she would bring his suggestion to the attention of the Planning Director for his input. Page 9 of 15 • Discussion on acquisition process involving willing land owners . Commissioner Evslin asked if it was possible to create a format on the Commission' s website to attract willing landowners. Chair Figaroa stated he likes the idea because there are a lot of coastal properties belonging to landowners that are up for sale that the Commission may not know about. Commissioner R. Blake stated he agrees with Commissioner Evslin that the Commission should have a process in place to help identify properties with landfilling landowners . Chair Figaroa called for a motion to modify the Commission' s website to include information for willing landowners who have properties that meets the Commission' s requirements and mission. In addition, Chair Figaroa noted that he would also like the Commission to begin discussion on implementing a process involving willing landowners. On a motion made by Commissioner Evslin and seconded by Commissioner R. Blake to modify the Open Space Commission's website to include information for willing landowners who have properties that meet the Commission 's requirements and mission for open space, motion carried unanimously 8 : 0. 6. Discussion on acquisition of land for open space preservation to create a buffer at Salt Pond Beach Park. Ms. Sadora stated from what she understood a request was made by Ms. Libre at the Commission' s last meeting to postpone the discussion until after she had the chance to make her presentation. Commissioner Hayashi stated her only concern is the use of the term "buffer" asking if it was possible just keep it as open space preservation at the Salt Pond Beach Park. Ms. Sadora it was a recommendation from this body to use the term "buffer". She explained initially the agenda read "park expansion and buffer" but the Commission decided to eliminate "park expansion" because there were concerns in the community about expanding the park. Commissioner Hayashi stated the only reason she brought it up was because certain salt makers made it clear to her that they did not want a buffer because they felt they could do their own preservation without interference from outside agencies. Commissioner T. Blake asked without a buffer how they propose to stop the ground water from seeping into the salt pans. Commissioner Hayashi stated that is the difficult part because everyone seems to have their own opinion. Chair Figaroa stated there is always the possibility of rewording the topic but in the end because there are so many fractions in this one group there is no way to make everyone happy. Commissioner Evslin stated having good communication with all parties relative to the Commission intentions of creating a buffer will avoid misconceptions. Vice Chair Gegen stated to address Commissioner Hayashi ' s concerns he would like to make a motion to delete the wording "to create a buffer" to say "Discussion on acquisition of land for open space preservation at Salt Pond Beach Park or near Salt Pond Beach Park. Chair Figaroa stated before he calls for a motion he would like to suspend the rules for public comment. Page 10 of 15 The Commission received public testimony from Mr. Tim Kallai. Mr. Kallai testified he was thinking along the lines as a natural preservation zone instead of using the term buffer. He stated he can understand how people could construed the term buffer as being a whole new different concept and feels maybe the Commission could use Hawaiian terminology to make it more constructive. Chair Figaroa stated the reason the Commission decided to stay away from using Hawaiian terminology is because a misused of the okino could cause a war. Commissioner Evslin stated because the Commission is only referring to mauka of the road there would be no impact to the salt makers therefore, using the term "mauka buffer" would make things clear. Commissioner Ono commented the intention is not to create a buffer because one is already there it' s more about maintaining the buffer. Commissioner Evslin noted that seems to solve the problem. Ms . Sadora stated just for the Commission' s edification the terms "mauka and west of the salt pans" was used to add more detail; however, the Commission eliminated those terms because there was a lot of opposition then. Chair Figaroa called for a motion to reword the agenda to eliminate the term "to create a buffer" to "maintain the buffer". Commissioner T. Blake asked what the use of the land is if the ownership changed from the State to the County. Chair Figaroa noted Commissioner' s Blake question just added layer to this issue; however, the Commission must understand that the acquisition of land for open space preservation must meet the requirements of the Commission' s mission statement. At 2 : 30 p.m. Chair Figaroa called for a five minute recess . At 2:40 p .m. Commissioner Nakahara left the meeting. At 2 :44 p .m. the meeting reconvened. Chair Figaroa stated at this point the Commission needs to decide whether or not it wants to change the wording from "to create a buffer" to "maintain a buffer at the Salt Pond Beach Park". Ms . Sadora stated it does not matter what word the Commission decides to use because whether it wants to create or maintain a buffer the question that will still come up is "who will maintain the buffer or who will create a buffer". She stated the Commission has always been aware of the sensitive nature of the issue so much so that it had to make sure that any dialogue relative to the intentions had to be made clear to the public. She stated it may be a good idea for the Commission to include mauka and west to let the public know that it is not focusing on the salt pans, but you never know. Chair Figaroa stated he liked the word "maintain" because the Commission has not intentions of creating a buffer. Commissioner R. Blake stated the Commission should have a discussion describing what the Commission's intent for acquiring the land is because that is where the confusion lies . He stated from what he understands the Commission wants to protect the coastal area which is the salt pans . Chair Figaroa indicated that he would ask Staff to keep the item on the agenda for continued discussion and as more knowledge is acquired the Commission can explain the Page 11 of 15 Commission' s position and intentions on why it wants to acquire the land for open space preservation. 7 . Discussion on proposed Bill to amend Chapter 6, Article 14, Section 1 , of that Kauai County Code, to reduce the annual allocation made to the Public Access, Open Space, and Natural Resources Preservation Fund. Chair Figaroa stated as he understands it this issue is moot because the County Council voted to retain the Open Space Fund. Ms . Sadora stated a thank you letter was sent to the County Council via the Administration since the Commission' s last meeting. Chair Figaroa asked if it was possible to keep a log of all communications coming from this body to another agency to which Ms. Sadora replied sure. Commissioner R. Blake asked if he is referring to a spreadsheet document to which Chair Figaroa replied yes . Commissioner R. Blake stated it would be nice for the Commission to be able have a monthly log of the date a communication was first initiated; when it was sent; why it was initiated; and the date the Commission received a response. Vice Chair Gegen stated it would also help to have a log of the actions taken by the Commission. Ms. Sadora stated to clarify the Commission wants the document to be task oriented based on the time the project was first initiated to its completion date to which Chair Figaroa replied yes. 8 . 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, 9 . 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. Ms . Sadora reminded the Commission that all matters pertaining to Salt Pond Beach Park has been deferred until after the presentation from Ms. Libre' s organization. Commissioner T. Blake pointed out that the discussion to block motorized vehicles from driving on the beach is a separate issue and should not be deferred. He stated he would like to take a step further and delineate the State land from the County land because they both located near to the salt pans. He explained because the State and the County has its own set of rules and regulations that does not coincide with each other he felt it would best to address the agencies separate relative to the type of enforcement. Commissioner Hayashi stated it is her understanding that the airport is under the State' s jurisdiction to which Vice Chair Gegen replied he believes the State's jurisdiction includes the beach and the area near the southern point. Commissioner T. Blake stated the State controls everything from the shoreline set back down to the water and may control the area all the way down to the salt pans. He stated there is a portion of land that is owned by the County that touches the south west side (near the salt pans) which anybody can drive on and the State cannot do nothing. He stated that the Commission Page 12 of 15 needs to be specific when describing the area it wants the State to enforce because the boundaries between the County and the State are close together. He stated it would be great if the State and County could join forces to deal with this problem but that has not happened yet. Chair Figaroa asked whether the letters should be addressed to both the State and the County. Commissioner R. Blake stated the letter should be written to the Department of Land and Natural Resources asking to do some type of enforcement to block motorized vehicles from driving on the beach and near the southern point at the Salt Pond Beach Park. Commissioner R. Blake asked whether it was possible for the Planning Department to produce a map of the area and perhaps the Commission could highlight the areas and use it as a reference to which Ms. Sadora replied yes. Chair Figaroa stated for clarification the letters will be sent to both the County and the Department of Land and Natural Resources . Ms . Sadora stated it is her understanding that the Commission wants Staff to draft the letters for approval by the Commission at the next meeting and provide a map of the area to which Chair Figaroa replied yes.. Commissioner T. Blake asked to clarify that the letters is requesting that the County and the State use boulders to block off the area. Commissioner R. Blake stated in the past the County has used large boulders to keep motorized vehicles from driving on restricted areas. G. New Business 1 . Review and discussion on Open Space Commission annual budget. Ms. Sadora reported the budget status report for the Open Space Commission as June 2014 shows a rough balance of $ 3 ,333 ,615 . 12. She stated in FY 2014- 15 the Commission will receive another $ 1 ,610,000.00 bringing the total fund balance to $4,944,000. 00. Ms. Sadora stated the Administrative budget is exclusive of any training expenses, office supplies, and office equipment as for the Commission' s expenses it will include mileage reimbursements, and miscellaneous items such as snacks for the Commission. She stated the budget allocated for the past year totaled $25,367. 00 of which $7,700. 00 was expended and any expended funds not spent at the end of the fiscal year goes back into the General Fund. Chair Figaroa asked about the Administrative expenses to which Ms. Sadora replied it is part of the Administrative budget. Vice Chair Gegen asked for a breakdown of expenditures relative to the $7,700.00 to which Ms. Sadora replied the monies went towards mileage reimbursements, travel, advertising and incentives for the County Fair. Commissioner T. Blake asked whether the cost to bring Mr. Pierce from Maui would come from the Administrative budget to which Ms . Sadora replied the cost would come from the Commission' s training budget. Commissioner T. Blake asked if the Commission wanted to bring other people from within State to Kauai for educational purposes can the Commission authorize monies from the fund to which Ms. Sadora replied yes. Commissioner R. Blake asked out of fiscal year 2013 - 14 how much was Page 13 of 15 budgeted for Commission's education to which Ms. Sadora replied about $5 ,500.00. Commissioner T. Blake asked if the Commission wanted to increase its educational fund in fiscal 2014- 15 does the Commission have to submit a proposal to the Planning Director for his approval to which Ms. Sadora replied that is something that maybe considered. Ms . Sadora stated to clarify she does not want the Commission to worry about what line item the funds will come from because that is something for the Department to figure out. Vice Chair Gegen asked if monies are allocated for the Hawaii Association of Counties to allow some of the Commissioners to attend to which Ms. Sadora replied yes. Vice Chair Gegen then ask about the Western States Association of Counties which he believes will held on Kauai in 2015 to which Ms. Sadora replied she has no information about that particular conference but will look into it. Vice Chair Gegen asked if the conference has topics of interest pertaining to the Commission' s mission he felt it would be a good idea to have a line item in the Commission' s budget to which Ms. Sadora replied yes. Chair Figaroa asked Ms. Sadora if the Commission could have a copy of the budget report to which Ms. Sadora replied no, and explained she would rather provide the Commission with a verbal report. Chair Figaroa questioned why the Commission cannot have a copy of the budget to use as reference to which Ms. Sadora replied because the budget will constantly change it should be left up to Staff to manage the budget. Chair Figaroa stated like any other business he was thinking along the lines of a monthly budget summary report. Ms . Sadora stated no one in the department actually tracks the budget as except for the Finance Department and perhaps she could ask them. She stated if the Commission wants to track its own budget then it should be done on a quarterly basis because she does not know whether finance would do it on monthly basis. Vice Chair Gegen suggested that the Commission get a quarterly update to which Chair Figaroa agreed. Commissioner Evslin stated he had no objections to a monthly report because the Commission' s expenditure seems minimal . Chair Figaroa stated he likes the idea of a quarterly report. Commissioner T. Blake asked does the Commission spend enough to warrant a quarterly report to which Ms . Sadora replied no . Commissioner T. Blake stated because the Commission expenditures are very minimal an annual report would be sufficient beside, he would rather Staff work on getting the Commission ' s transmittals to Council then work on a quarterly report. Commissioner Ono asked when the Planning Department starts to do its projections for the upcoming fiscal year' s budget to which Ms. Sadora replied in January. Commissioner Ono stated that is enough time for the Commission to make any adjustments or requests before the fiscal year ends on June 30. Chair Figaroa stated because everyone brought up some really good points he would like to do it the diplomatic way and call for a vote to either receive an annual report or a quarterly report. Page 14 of 15 The vote carried 6 : 1 with Commissioners Luke Evslin, Theodore Blake, Randall Blake, Dorothea Hayashi, and Patrick Gegen voting in favor of receiving an Annual Report. Chair Figaroa was a lone vote to receive a quarterly report. Vice Chair Gegen asked if there was a budget item for the County Fair, Ms. Sadora stated although there is no specific line item in the budget for the County Fair it is inclusive. Vice Chair Gegen requested that matter be placed on the next agenda for discussion on community outreach to which Ms . Sadora replied yes . H . Next meeting date and agenda topics for discussion Commissioner R. Blake inquired about the Mayor's presentation to the Kilauea Neighborhood Association. Chair Figaroa requested that the presentation be on the next meeting agenda. Commissioner R. Blake noted he would not be at the next meeting. Chair Figaroa clarified the following items for the next meeting agenda: I . New business item Community Outreach (2014 County Fair in August) 2 . Mayor' s presentation to the Kilauea Neighborhood Association — Mr. Jung 3 . All unfinished business items 1 -9 4. Commissioner Hayashi stated she is anticipating either a letter or public testimony regarding problems with access to fishing grounds at Camp 1 which is on A&B property. 5 . Next meeting July 10, 2014. I. Adjournment With no further business to discuss, Chair Figaroa declared the meeting adjourned at 3 :29 p.m. Submitted by: ,--fir Mercedes Youn( Su ort Approved by: Joseph Figaroa, Chair Approved on: Page 15 of 15