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HomeMy WebLinkAbout2013-1-10 Open Space Commission MinutesPUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES January 10, 2013 A regular meeting of the Public Access, Open Space & Natural Resources Preservation Fund Commission of the County of Kauai was held in the Lihue Civic Center, Moikeha Building, in meeting room 2A /2B. The following Commissioners were present: Nathaniel Childs, Chairperson Luke Evslin Patrick Gegen John Lydgate Maurice Nakahara Absent and excused: Linda Dela Cruz Joseph Figaroa 2 Vacancies The following staff members were present: Nani Sadora, and Duke Nakamatsu CALL TO ORDER Chair Childs called the meeting to order at 1:05 p.m. APPROVAL OF AGENDA On the motion by John Lydgate and seconded by Patrick Gegen to approve the agenda, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR THE RECORD There were no items for the record. ANNOUNCEMENTS Ms. Sadora announced that she received information regarding possible funding opportunities. There are various criteria to meet, so the Commission will have to decide which VA2013 Master Files \Commissions \Open Space\Meetings\2013 -1 -10 Minutes ones apply to their current recommendations. She requested that it be on the next agenda for discussion at the next meeting. UNFINISHED BUSINESS Status on acquisition plan for a portion of TMK (4) 2 -6- 003:017 to obtain a pedestrian public beach access easement to Kukuiula Bay through the former Hoban property_ Ms. Sadora distributed copies of the appraisal summary. She stated that the entire report was 55 pages. Deputy County Attorney Jung will be speaking with the representative for the land owner and will initiate communication. Commissioner Gegen questioned the decision has been made to move forward regardless of the price or if the information will back to the Commission for further recommendations to Council. Ms. Sadora stated that the Commission will be kept informed regarding future communications between the Deputy County Attorney and the representative for the land owner. The Commission will be involved at every point. The Commission already has Council's support with the dossier process. Commissioner Gegen stated that it seems there should be some decision before a funding request goes to Council. They may need to prioritize their recommendations. The appraisal is a starting number, but the land owner will try to go much higher. Ms. Sadora stated that it will come before the Commission once they know what comes out of the communication. If it becomes something that doesn't seem feasible, then they will be able to answer to the Council. There will be input from the Commission before anything goes to Council. Chair Childs stated that it should be a continuing agenda item for updates until the Commission makes a decision. Commissioner Nakahara stated that he is more interested in the process. The appraisal is a starting point. He is aware of the lengthy decision making process in government and would like to see things done a little faster if possible. He requested an update following the discussions with the land owner's representative. Ms. Sadora agreed that they will keep it as a standing agenda item that will be addressed at every meeting. 2 VA2013 Master Files \Commissions \Open Space\Meetings\2013 -1 -10 Minutes Update on vacant commissioner positions. Ms. Sadora noted that a Resolution for recommendation of an appointee is being presented to the Council. If all goes well, he may be on board by the next meeting. Chair Childs noted that would bring the current seated commissioners to eight and they are waiting for an appointee from the Hanapepe - Eleele area. Review and discussion of December 13. 2012 field trio to the north shore includiniz sites recommended in the Commission's reports to the Kauai County Council and the Maw • Kaakaaniu, aka Larsen's Beach, Lepeuli (via Moloa`a Road) Chair Childs stated that at Larsen's Beach, there was the trail on the right, the trail on the left, and the road that was fenced off. Commissioner Evslin noted that Don Wilson, representing the land owner indicated that he would be willing to speak to the Commission regarding the road. He expressed interest in hearing the land owner's perspective if the Commission reviews Larsen's Beach again in the future. Commissioner Gegen stated that Mr. Wilson had indicated that the alaloa was more mauka than what the public was saying. Chair Childs stated that he wouldn't mind hearing what Mr. Wilson has to say. He requested that staff contact Mr. Wilson to arrange a possible presentation. He noted that there are currently two public accesses to the beach. Commissioner Gegen clarified that there is one trail that is being used and the other that is overgrown. He didn't see the Boy Scout trail as being accessible. The County hasn't maintained it and he believed that is an issue the Commission should look into. Chair Childs stated that the feeling he had was that it was a gray area with liability. He noted that Ms. Kallai stated that the Boy Scouts are willing to maintain the trail. Ms. Sadora stated that she will follow up with the Deputy County Attorney to see what direction they want to take. Chair Childs stated that it seems like an easy fix, but it's probably not. The Commission could be a voice to bring attention to the issue. It makes sense to have someone take care of the trail, similar to adopt a highway. Commissioner Gegen felt that their concern would be for the trail to be accessible and usable. Right now it is not. He was not concerned with the road being blocked, but all accesses VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes with rights of way should be kept available and maintained. How the County wants to do it is up to the County. His concern is that they have an access that is not being used and it may be lost. Commissioner Evslin clarified that they are referring to the Boy Scout switch back trail and not the road that the public believes to be the alaloa. Chair Childs noted that the road may not be a fight that they want, considering that it already is a bird sanctuary. Hearing Mr. Wilson speak may be a good start. He would like to speak to the Deputy County Attorney regarding the switch back trail. Commissioner Evslin stated that the switch back trail appears to go over boulders that are impassible. He suggested that Commissioners try to walk both trails. Councilmember Bynum stated that he felt the County- owned, switch back trail should be maintained because it was made by a trail maker and goes to a historical point where people would observe conditions of the ocean. The County acquired the other trail that was being used that goes straight down, because they needed to make sure that there was legal access there, but it was made through use and was not a thought out trail. He agreed that on the switch back trail, from the boulders it is not clearly defined or maintained. He noted that the Council expresses concerns through Resolutions and felt the Commission could do the same to express their concerns. They could encourage the Mayor to maintain and establish the trail. He would be willing to coordinate with other Councilmembers who have the same opinion. The Council has the same constraint in not having authority to direct employees, as the Commission, but they can express opinions. Chair Childs asked for clarification that the County owns the easement going straight down. Councilmember Bynum clarified that the County owns both easements. The County did not own the one that was going straight down. It was across private property, but people were using it, so the land owner gave it to the County so that what was current practice would be legal. In that discovery, they saw that the switch back trail that had been surveyed and identified had not been maintained and was blocked. It is no longer blocked, but it is still not usable past a certain point. The County owns both accesses. Commissioner Gegen stated that the switch back access was overgrown because everyone was using the road going down to the beach. Commissioner Evslin questioned if the Commission would be looking into establishing the alaloa. Chair Childs noted that there was public concern, but it would be a larger fight. Commissioner Gegen stated that the alaloa is a different issue. They are talking about the beach access that is inaccessible, and there is also the alaloa that circles the island that would be 2 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes great to have, but is a much bigger issue. He liked the idea of proposing a Resolution expressing what the Commission would like to see happen. He would hate to see the Commission not take some sort of action. Chair Childs agreed that a Resolution is a great idea. The Boy Scouts are volunteering to maintain the switch back trail. They may be willing to maintain both trails. Commissioner Gegen stated that if the County has an easement, they County needs to get it done. He was not concerned with how they do it. Chair Childs stated that how they do it would matter because one way may cost thousands and another way is free. If a crew needs to maintain it, it would involve vehicles and staff. It would be easier to present a complete package instead of demanding to take care of a trail. He requested that the Deputy County Attorney look into Resolutions. Ms. Sadora stated that she would inform the Deputy County Attorney and he may have something by the next meeting. Councilmember Bynum stated that he shares Ms. Kallai's vision regarding the alaloa, but he also concurs with the Commission that their mission is based on input from the community and they are also working on the access to Kukuiula Bay. The concept that there was a historical trail that is in the community's best interest with the State and County to identify and keep established, is good for the island. He is working on a Resolution to help educate the community to keep it on the front burner. It was on the front burner in the 80s but it didn't stay there. He realized that the Commission can't take on every mission. He hopes the Commission pays attention to the issue and there may be specific things they can get involved in, but it's not the expectation that it will become the primary sole mission. Chair Childs noted that he Commission has limited resources including time. They can't do everything, but they are trying. If they can arrange to have the Boy Scouts maintain the trail, it would be a big win. Councilmember Bynum agreed that the Commission should start with the low hanging fruit where they know is a trail that is already identified, and leave the big problems for last. Commissioner Evslin questioned if the switchback trail was established because the land owner had owned the straight cattle trail at the time. Commissioner Gegen clarified that the switchback trail has been there for a while. Councilmember Bynum stated that when they first established the access, they said they needed a trail. The surveyor made the trail, but in practice, it wasn't used. It became fenced off and people started using the straight trail or the gentle road to the left. 5 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Commissioner Evslin stated that people tend to naturally walk the better trail. He felt that all the Commissioners as individuals should traverse both trails. Chair Childs noted that some people will prefer the switchback and some people will prefer going straight down. Fit surfers will always use the straight trail. View shed at Mile Marker 22 Ms. Sadora stated that previous Commissioners felt it was important to preserve view planes like these from developments that might take them away. Chair Childs noted that he has stopped there many times. • Kahili Bay (via Wailapa Road) Chair Childs stated that signage was brought up as an issue. He stated that he has surfed at rock quarry a lot and it is relatively unchanged. There was a brief moment when people were trashing it, but the community has since stepped in and has been picking up a lot. He would not like to see portable toilets there. Commissioner Gegen stated that he did not see any issue with access and felt they were meeting the requirements. Commissioner Lydgate questioned if signage was an issue. Commissioner Gegen stated that another Resolution might be that every beach access should have signage and should be maintained. Commissioner Nakahara stated that he was concerned on the Hanalei side rather than the maintained County side of the road. Prior to the Federal Government taking over the lower part of the Kilauea side of Rock Quarry, a bunch of families used to camp there. People used to be upset when they couldn't drive down to the beach, but it is probably better that there are no vehicles allowed on the beach. The difficulty is that people who want to access the river for fishing would have to go from the Kilauea side. He noted a home being built and the idea was that the owner would maintain the rest of the road, but it's not maintained so it hampers cars from going down. Chair Childs questioned the concerns from the Hanalei side. Commissioner Nakahara stated that the maintenance of the road past the house that is being built is the concern. He noted that the area has improved a lot. There used to be abandoned cars and trash on the side of the road. 0 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Chair Childs stated that the Commission ended the field trip at Hanalei Black Pot Beach Park. Ms. Sadora stated that besides access issues in some areas, there were also maintenance and signage issues that may be coming before the Commission. She noted that the Commission was concerned with the signage at the St. Regis Hotel being labeled as "Public Parking" when it should be more appropriately labeled as "Public Beach Access Parking" and the parking lot was reported to be misused. Commissioner Evslin suggested using Resolutions for specific parking spots. Commissioner Gegen agreed that because they are in the middle of the budget process, doing something for signage that might cost some money to install may be timely. He stated that they can also budget capital expenditure for the access at Larsen's Beach. Commissioner Evslin suggested a Resolution now instead of just on the recommendations list. Commissioner Gegen suggested empowering themselves to do Resolutions whenever it makes sense, but that they should not abuse the power. He agreed that the signage issues have been going on for years; signs are broken, people don't know the access, it doesn't get used, and we lose the access. It should be on the County's radar and they should do an audit every year and budget to fix the next year. Chair Childs stated that the County waits for people to let them know. Commissioner Gegen suggested that the Resolution could request that the County look at every public access and assure adequate signage for every access. He noted that he did not know where 90% of the accesses from the list they received from former Commissioner Diamond are located. Commissioner Evslin stated that if they do a Resolution like that, the County will receive it and nothing will ever happen. He suggested being specific, for example the sign at St. Regis. He questioned if Commissions have ever done Resolutions in the past. Ms. Sadora noted that the Open Space Commission primarily stuck to their recommendations. The newest tool was the dossier process. She will have Deputy County Attorney Jung provide his input at the next meeting. Chair Childs suggested starting with smaller Resolution requests before suggesting an island wide audit of signs. Commissioner Gegen suggested starting with the Larsen's easement whereas community groups have expressed an interest in maintaining it. 7 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Chair Childs suggested starting with the trail maintenance and then signage to see what kind of response they get. Commissioner Lydgate questioned the Commission's views about some of the issues raised by groups like the Sierra Club and the Surfrider Foundation whose members can be extreme in their vision. In the case of the bike path in Wailua, there are extreme points of view and questioned where the Commission sits. He was impressed at the people who testified during the field trip and the passion in which they were able to express their points of view. He stated that he supports the bike path, but there are others who feel that he is bought and paid for. Chair Childs stated that for him it would be site specific and action specific. Commissioner Lydgate questioned the Commission's view on how to proceed on public access as opposed to extreme points of view on access. Chair Childs did not feel that the Commission should be extreme. Commissioner Lydgate questioned what is considered extreme and what isn't. Commissioner Gegen stated that at Larsen's Beach, the road that goes to the left where they established the fence, to him, is not the Commission's issue because they have public access and can have better access by going straight. Their Charter states that the Commission should make sure there is access. He would want the road to be ADA accessible, if they want to take that next step. Commissioner Evslin agreed that their role is to go case by case. At Papaa Bay, the extreme view would be to take the road through the middle, but it may not be something they would recommend doing. Commissioner Gegen stated that he wouldn't want to change the Rock Quarry into a Lydgate Park because it is a different setup. Chair Childs stated that 100% will never agree but he is good with 80 %. Commissioner Gegen stated that to him, Larsen's is a place where a little hiking is required, but that's what keeps it remote and unique, as long as it is not impossible to get there. Review and approval of the Commission's 2012 Report for the Mayor and Council's review including a list of accomplishments, challenges, future goals and objectives, and recommendations. Commissioner Evslin stated that he worked on a brief executive summary and Commissioner Figaroa added his comments by email. VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Commissioner Gegen suggested including ensuring access under goals. They were looking at access on the north shore. goals Chair Childs stated that increasing accesses and improving signage can be two separate Commissioner Gegen questioned who would be presenting the update to the Council. Chair Childs stated that he and the vice chair would be presenting, if they are called in. Ms. Sadora stated that if the staff is contacted to have the Commissioners present, she will notify them of the date. Otherwise, it may just be received as information on where the Commission is with the idea that they will present their annual recommendations later this year. Commissioner Gegen stated that part of access includes knowing where to go. Accesses need to be visible and known, whether through signage or brochures. He is unable to access half the beaches on Kauai because he doesn't know where to go. Chair Childs stated that they will include improving signage and identifying signage for accesses. Commissioner Gegen questioned why the public input process was listed under challenges. Ms. Sadora noted that the public input process is an accomplishment, but it is also a challenge getting public involvement. She noted that the recommendation list was based on 130 respondents and that people could be doing multiple surveys. The Commission has done everything to engage input. There were only five surveys submitted from the newspaper, but they don't know if the newspaper survey triggered online responses. Chair Childs suggested setting up a table at the County Fair in the Ag booth. Commissioner Evslin agreed that most people probably don't know that the Commission exists. Ms. Sadora noted that some people who have taken the survey in the past may feel like there has not been activity since. Chair Childs suggested that the Commission think of ways of getting the public aware of the Commission and to get them to respond. He is willing to set up at the County Fair for five hours. Commissioner Lydgate agreed that it is a good suggestion. He noted that various groups have attended the fair in the past with various petitions. 0 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Ms. Sadora stated that she will check into the County Fair and report back to the Commission. She believes they are currently in registration for August. Commissioner Lydgate stated that he would also be at the Fair. Chair Childs suggested that they also spend time at the mall distributing information. Commissioner Evslin suggested that whenever they have accomplishments, they should issue a press release. Chair Childs agreed that they should issue press releases when they have accomplishments. Ms. Sadora stated that she will try to finalize the update by elaborating on each bullet point. She suggested keeping the update format similar to the annual report for consistency. She suggested listing the things that will help to get them farther than they have been able to get in the process. Chair Childs suggested that staff include any other information that the Commission has been working on. Ms. Sadora stated that they will hopefully review and refine the update at the next meeting and then go to print. She stated that she will check with Deputy County Attorney Jung for language on how the Kaneiolouma group has taken the project and how they would like continued support from the Commission. Mr. Max Graham, representing Kauai Makai LLC, the owner of the Papaa Bay Ranch, stated that the recommendation seems to be that the Commission will recommend purchasing access to Papaa Bay. He stated that when the government condemns property, the measure of the amount of money that it takes for the condemnation is the difference in the fair market value of the property before and after the condemnation. The Papaa Bay Ranch is a 175 acre estate property whose primary value is privacy. A public access path from Papaa Road to the beach would have to go past the home and in front of the property. He received a preliminary estimate from an appraiser and the range of damages would be $5 -$9 million. If the Commission is going to recommend this as their second priority for use of the fund and are willing to spend more than that on the access, that will be their fund for the next five plus years or more, as opposed to saying that their recommendation is to investigate the feasibility or the cost. He would suggest that the Commission look into the proposal more closely before making a hard recommendation and before placing this particular access above other recommendations from the past lists. He clarified that he is speaking from the land owner's point of view, but it is something to think about. Commissioner Gegen stated that he appreciated the comment. He clarified that the Commission's recommendation is to continue to look into Papaa Bay access. He did not recall stating that there was only one way in there. 10 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Chair Childs stated that there was a resolution from Councilmember Bynum to look at Papaa Bay. He stated that it is only preliminary and he appreciates the estimate. He stated that if there are other access possibilities that wouldn't hinder the property owner as much. Mr. Graham stated that there are already two accesses to Papaa Bay, one from Moloaa and one from Aliomanu. Chair Childs noted that the existing accesses are along the shoreline. He clarified that Mr. Graham was stating that he felt any access from the top would intrude on the property owner. Commissioner Evslin questioned that when a property like that is sold, if it is disclosed that there are access issues and that there was a dispute with the previous owner. Mr. Graham stated that could be said about any property. The government can exercise its right to eminent domain. The government can't avoid paying the fair price by in effect threatening in the future to exercise its right to eminent domain thus reducing the price of the property. It isn't built into the sales price. Commissioner Evslin questioned a property being sold with a previous legal dispute. Mr. Graham stated that there was a dispute and the land owner won so there is no dispute. The County claimed there was access all the way to the beach and the Court decided there never was access to the beach. Commissioner Gegen clarified that there is access to the end of the government road that is 670 feet from the beach that the land owner previously tried to purchase for $47,000 but the transfer never took place. Mr. Graham stated that the public has the right to use the road. Commissioner Gegen clarified that the road leads to nowhere. He noted that the Resolution clearly articulates that the Open Space Commission is requested and encouraged to pursue a safe and adequate public access route to Papaa Bay, but he stated that they have not determined what route they would like to follow. Commissioner Evslin questioned if the $5 -$9 million includes only the privacy issues, or if it takes into account more people on the beach devaluing the property. Mr. Graham stated that it would be the loss of privacy for the land owner from people crossing the property. The beach is public property so you don't get damages for that. There is no guarantee of any right to use the beach exclusively. There is already public access to the beach so people can get there. There would not be damages for the fact that there are people on the beach. 11 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Commissioner Lydgate questioned Mr. Graham's proposal. Mr. Graham stated that he will be happy to have a discussion with the Commission at a later date. The Commission thanked Mr. Graham. Chair Childs agreed that they should not specify access through the government road. Commissioner Gegen noted that it was listed due to the Council Resolution, otherwise it would probably be included under other access issues. Commissioner Lydgate questioned why it was the second priority. Commissioner Gegen stated that Salt Pond was the number one priority last year, and they should be spending the most time on that. Commissioner Evslin noted that it was not a recommendation in the previous report, and they should state what they are working on. Commissioner Gegen noted that the Ordinance 925 states that the Commission will prepare an annual report for the Mayor and Council's review. It should include but not limited to a list of accomplishments, challenges, future goals & objections, recommendations. He noted that should be the four bullet points that the Commission uses. They could state that they have no additional recommendations but are following up on the recommendations from 2011. Chair Childs stated that recommendations could mean that they recommend increasing signage, not necessarily purchase of property. He felt that their number one recommendation should still be Salt Pond Beach Park expansion. Commissioner Lydgate stated that he would still like an update from Parks & Recreation on their master plan. They need the tools to make their recommendation. Commissioner Evslin stated that Hoban and Kauapea could be the 2nd and 3rd recommendations. Chair Childs noted that they are listed under accomplishments. He asked that staff what they felt Council would be expecting in the update. Ms. Sadora stated that because it is the update year, they should have their recommendations be property acquisitions and not changed to be something else. She suggested listing it as it was in the last report with an explanation that the Commission is trying to reorganize how they use the criteria and how they will arrive at their recommendations this year. 12 VA2013 Master FilesTomrnissions \Open Space\Meetings\2013 -1 -10 Minutes Commissioner Gegen felt that their accomplishments are that they are delving deeper into the priority projects looking for feasibility and working the dossier process. His recommendation would be that they have noticed some problems such as signage. They are not recommending action on Hoban access at this point, but they are working the process which means they are looking at the recommended properties and trying to determine if it is something they want to continue to pursue, the cost, and how they would go about doing it. Ordinance 925 states that biennially they assemble a list of priority projects to be considered for funding, but they are asking for annual recommendations. Chair Childs stated that there are two trains of thought regarding recommendations; one the recommendations they provided in the last report and two the recommendations they would like to suggest for Council to do in the future. Ms. Sadora noted that in the Council's mind, recommendations are for property acquisitions. Chair Childs agreed that keeping recommendations the same would make sense. He suggested that their recommendation for Salt Pond should include that the Deputy County Attorney has made brief contact with the State. Piwai, would need to follow the Black Pot model for funding. The Kaneiolouma Heiau does not need the Commission's assistance at this moment. Port Allen to Lawai Kai area would be his third recommendation. Commissioner Evslin felt there needs to be a section for things they are exploring but not recommending. Papaa Bay should be mentioned as being on the Commission's radar. Commissioner Gegen noted that access to Kukuiula Bay was the first bullet point under other recommendations in the 2011 Report. Commissioner Evslin suggested an A, B, and C under acquiring more land for public access. Commissioner Gegen suggested that if they want to stay consistent they should include a statement that they are continuing to follow 2011's recommendations with the exceptions of Piwai, and Kaneiolouma with the reasons why, and the addition of access to Papaa Bay. Chair Childs stated that he did not feel Papaa Bay should be included as a priority. It should be mentioned as something that they are looking at to increase accesses. Commissioner Evslin noted that since he has been on the Commission, he has not heard any discussion on Salt Pond or Lawai Kai to Port Allen. Papaa Bay has been discussed and should be mentioned. Commissioner Gegen stated that the Commission is expected to do something as part of the new process. He felt they should initiate a dossier process for Salt Pond, but not recommend that anything be purchased yet. With Ordinance 925, their recommendations should be more 13 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes precise. Regarding the Hoban easement, they have identified the access and their recommendation would be for Council to allocate the money. The recommendations are basic to allow the Commission to continue developing the dossier process so they can come back with specific recommendations from the previous priority list. Chair Childs expressed concern with what the Council would be expecting by reading the word recommendation. He was not sure if they would be expecting the priorities to be the same or if they want the Commission to use a different approach on the word recommendation. Commissioner Gegen felt that it would be a different take because part of what they want to do is acknowledge that they have been empowered to do more and they are taking that step seriously. They are not currently recommending that anything be done with Salt Pond. They have a new process and they will look into it and come up with a specific recommendation. He did not feel there should be top three recommendations. The recommendation should be to allow the Commission to continue to develop the dossier process. He questioned if they would be recommending signage. Chair Childs stated that they would address signage through Resolutions or the dossier process. He wouldn't recommend that they address it in this update. Commissioner Gegen stated that he would indicate that they do not have any specific recommendations. Commissioner Evslin suggested including that they are exploring their new roles before providing a recommendation. Commissioner Gegen stated that in the future, unless they are done with the Hoban easement and are ready to recommend that the Council move on it, they will not have recommendations. They will have identified pieces of property from the public input that they are looking at through the dossier process and they might prioritize them based on what they heard, but they are not going to recommend for the Council to buy it. If they will use the dossier process, they will indicate what they are looking at and will come forth with recommendations based on what the dossier process comes up with. Chair Childs stated that in light of their new role, the recommendations category seems like the appendix but they should include a brief explanation. Ms. Sadora stated that she will provide a draft to the Commission both ways and they can decide what they which they would like to use. She felt that they should elaborate on the bulleted items. She will include one report with the recommendations, touching upon what has happened through the year, and one without the recommendations, highlighting the new process. The Commission should look at it as they are receiving it as a Council member. Chair Childs stated that their target date was the end of the month. 14 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Ms. Sadora stated that if the Commission can approve the report by the January 24 meeting, they will be able to produce a final product by the end of the month. Commissioner Gegen felt that passage of Ordinance 925 should be listed as an accomplishment. The dossier process has taken them to the point to where they are holding off making any movement because they have additional information. Their recommendation for Kaneiolouma is that it is in a holding path until further notice from the non - profit group. He suggested not making a recommendation for the County to do anything other than what they are doing already. They will be going to Council with a recommendation for access to Kukuiula Bay through the former Hoban property within another quarter or so. Restoration of Port Allen through Lawai Kai may be a challenge. They haven't had enough time to look into it with the dossier process along with the Salt Pond Beach Park expansion. The challenge is having enough time to look into those issues. Their accomplishments are that they have narrowed things down to what they are looking at from 2011, and added Papaa Bay with the Council's recommendations. Some of the challenges are trying to understand everything around Salt Pond Park, and getting ahold of everyone involved in the CPR at Kauapea. That shows the work that has been done and the challenges, while still hitting the recommendations that were made previously. It also points to the fact that they are taking Ordinance 925 seriously. They are planning to go to Council with an acquisition plan. Councilwoman Nakamura will probably wonder what is different now since the passage of Ordinance 925 and Councilmember Yukimura will probably be happier that the Commission is going to present a plan with the recommendations. They were looking for the Commission to do more. Commissioner Lydgate stated that they need to have their ducks in order. Chair Childs suggested that Commissioner Gegen send his suggestions to staff to incorporate into the report. They can pick the best of whatever they come up with. Ms. Sadora stated that she will wait until next Thursday for the Commissioners to submit whatever they want to submit. Commissioner Gegen stated that there is a paradigm shift that is occurring and the question is if they want to make that paradigm shift. Chair Childs stated that he would want the Council to perceive it positively. Commissioner Gegen stated that Ordinance 925 empowered them with new things. They are not just recommending purchasing. Understanding Kaneiolouma and Piwai and taking it off of the recommendations at this point is an accomplishment. If the Council says to buy Piwai, it may not be what is ultimately best. Chair Childs stated that he would like to be positive in their statements. 15 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Commissioner Evslin noted that he will need to leave in 10 minutes. NEW BUSINESS Review and discussion on east recommendations and prioritization of the Commission's work plan/timeline of events and activities through 2013 including_ • Criteria spreadsheet for recommendations list Staff distributed copies of a draft spreadsheet including all of the sites from 2005 -2011. Commissioner Gegen expressed concern that it appeared as though they were using a plight scale that he does not necessarily support. Commissioner Evslin stated that yes or no should be the meat of it. Chair Childs suggested that the Commission take the spreadsheet home, highlight what they want and come back for discussion. Ms. Sadora stated that it was just a start to decide how the Commission would like to use it and it can be tweaked in any way they decide necessary. Commissioner Gegen requested an electronic copy of the spreadsheet. APPROVAL OF MEETING MINUTES Regular meeting minutes of 12/13/12 and 12/2/12. On the motion by Patrick Gegen and seconded by John Lydgate to approve the meeting minutes of 12/13/12 and 12/20/12, the motion carried by unanimous voice vote. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Childs stated that the Report to Mayor should be first on the agenda. He requested that staff that asks the Deputy County Attorney to look into Resolutions for maintenance of the Boy Scout trail, and signage. Ms. Sadora stated that the Commission may need to provide more specifics on creating the Resolution. 16 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes Chair Childs requested information on the Resolution process. Commissioner Gegen requested that discussion on Salt Pond Park expansion be listed on the agenda. Commissioner Lydgate requested an update on the Salt Pond master plan. Chair Childs stated that he was waiting until there was information to be presented. He noted that the Commission was looking to create a buffer around the salt ponds. Ms. Sadora noted that Commissioner Dela Cruz will not be available for the next meeting on January 24, 2013. ADJOURNMENT Chair Childs adjourned the meeting at 3:34 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 17 VA2013 Master FilesTomxnissions \Open Space\Meetings\2013 -1 -10 Minutes