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HomeMy WebLinkAbout2013-12-04 Open Space Commission Minutes Approved PUBLIC ACCESS, OPEN SPACE & NATURLA RESOURCES PERSERVATION FUND COMMISSION REGULAR MINUTES December 4, 2013 - Approved on 2-2844 A regular meeting of the Public Access, Open Space & Natural Resources Preservation Fund Commission of the County of Kauai was held at the Lihu` e Civic, in Piikoi Building Conference Room B . The following Commissioners were present: Patrick Gegen, Chairperson Joseph Figaroa, Vice Chairperson (arrived at 1 :42 p.m.) Theodore Blake (arrived at 1 :31 p.m.) Linda Dela Cruz Luke Evslin Dorothea Hayashi John Lydgate Maurice Nakahara The following Staff members were present: Planning Department Staff Nani Sadora; Boards and Commission Staff. Deputy County Attorney Ian Jung; and Commission Support Clerk Mercedes Youn. A. CALL TO ORDER Chair Gegen called the meeting to order at 1 : 14 p .m. B. APPROVAL OF AGENDA The Commission approved the agenda as circulated. C. ANNOUNCEMENTS Commissioner Lydgate announced due to personal reasons this will be his final meeting. He thanked each Commissioner and Staff for all of their help, stating that he would support the Commission when it goes before the County Council to submit the report. D. APPROVAL OF MEETING MINUTES 1 . Minutes of October 10, 2013 2. Minutes of November 13 , 2013 Chair Gegen called for a motion to approve the meeting minutes for October 1 01 and November 13`h. Page 1 of 6 Commissioner Dela Cruz moved to approve the meeting minutes of October 10th and November 13th as circulated. Commissioner Hayashi seconded the motion. Commissioner Evslin requested that the meeting minutes for October 19th be amended to properly reflect the correct spelling for the Family Trust Leight and not Lieght. In Addition, Commissioner Evslin pointed out that on page six (6), 4th paragraph of the October 10th meeting minutes he was unsure whether he actually made that statement because it did not make any sense. He asked Staff to listen to the recording to verify whether he actually made that statement and if so, make the necessary changes but if not leave it as it is. Ms. Youn acknowledged Commissioner Evslin' s the request and stated that she would make the changes as indicated. On a motion made by Commissioner Dela Cruz and seconded by Commissioner Hayashi to approve the meeting minutes of October 10th , as amended; and to approve the meeting minutes of November 13, 2013 as circulated, the motion carried unanimously by voice vote (5 : 0) E. RECIEPT OF ITEMS FOR THE RECORD No items were received for the record. F. UNFINISHED BUSINES 1 . Compilation and evaluation of 2013 public input process pursuant to Ordinance No . 812 and the development of a biennial list of priority projects and 2013 Report to the Kauai County Council and the Mayor. Deputy County Attorney Jung presented a PowerPoint presentation of the report (on file) showing the areas where changes were made. He asked the Commission if they preferred taking each separate heading line by line so that the Commission could ask questions and make any changes they feel was necessary; the Commission agreed. He pointed to the highlighted areas were items that were filled in by Ms. Sadora and that he basically added a few changes to give the report more substance. Commission Recommendations Commissioner Evslin asked what the total expenditures administrative expenses for 2013 and if he could include the amount in Annual Report. Deputy County Attorney Jung stated he had no problem with doing that however, he believes some of the funds went to cover the costs incurred relating to the County Farm Fair that was held in August. Chair Gegen asked if there was a bus fee charged to the Commission during its site visits to the various locations on the island to which Deputy County Attorney Jung replied that he does not believe that the OSC was charged a fee but he would be more than happy to check. Page 2of6 Commissioner Evslin asked if the check' s that the Commission periodically receives is for the transportation and mileage costs. Deputy County Attorney Jung stated that the mileage comes from the OSC Administrative Fund which is separate from the Office of Boards and Commissions. Ms. Youn noted the mileage should be paid from a separate account in the Planning Department. Current Properties in the Dossier Process Deputy County Attorney Jung stated that he consolidated the Salt Pond Beach Park expansion to include Mauka and West as a buffer area for the protection of the Hanapepe Salt Pans in the Waimea district. Commissioner Evslin stated that in regard to the Salt Pond Beach Park expansion he recalls a discussion where some people have expressed concerns of not wanting the OSC to pursue the expansion to the park and just concentrate on the buffer zone, which he believes the OSC agreed to do. He stated that he has to wonder if the public views the consolidation as the OSC wanting to expand the park which in reality the OSC actually tabled the matter. He asked whether it was better to place it under the Current Properties in the Dossier Process including the Salt Pond Beach Park buffer expansion and exclude the mauka and west to make it clear that the OSC does not want to expand the beach park. Commissioner Lydgate stated that he remembers the discussion because at that time there were no parks and recreation plan or a master plan to expand the Salt Pond Beach Park area. Commissioner Dela Cruz agreed that there were no plans to expand the Salt Pond Beach Park area. Commissioner Lydgate said that he would like to see in the future a master plan to protect the area, but timing is not right. Deputy County Attorney Jung asked if it is the desire of the Commission to exclude the Salt Pond Beach Park expansion (Mauka and West) currently listed under the Current Properties in the Dossier Process. Commissioner Evslin stated that it would be good idea to list the Salt Pond Beach Expansion (Mauka and West) under the Current Properties Previously Discussed but "on- hold". Deputy County Attorney Jung stated that if the Commission decides to do that the Commission could then focus on what is currently in the dossier process which is the buffer area and put the Salt Pond Beach Park Expansion (Mauka and West) on hold that way the OSC can resume the discussion at anytime. Commissioner Blake entered the meeting at 1 : 31 p.m. Commissioner Figaroa entered the meeting at 1 : 42 p .m. Chair Gegen stated that it is his understanding that the Commission is still interested in the land and that he agrees with Commissioner Evslin that it would be good to put it on hold because if the Department of Parks and Recreation wanted to develop the area they will have to come up with a master plan and go through the community input process themselves. Deputy County Attorney Jung explained that he will be able to provide updated information on the status of the Kauapea beach access because two weeks ago he had the opportunity to speak with the attorneys to solidify the deal. In regard to the Papa` a Bay beach access it is a big hurdle Page 3 of 6 but in the works . As for the Ka' aka' aniu beach access more updates are forthcoming but will not necessarily relate to the alaloa issue; only to improve access. 2013 - 2013 Public Input Process Commissioner Evslin pointed out that correct location of the meeting should be at the Kapa` a Neighborhood Center and not the Kapa` a Library. Other Activities Commissioner Lydgate questioned the need to refer the alaloa as alleged. Deputy County Attorney Jung explained that because the exact location of the trail is unknown he felt that it would be better to be cautious to avoid any potential claims for slander of title. He further explained that if the owners decided to sell the property and the OSC makes a claim that it knows where the location of the alaloa trail is, the owners could sue the OSC for slander of title for not allowing the sale to go through. 2012-2013 Commissioner Positions Deputy County Attorney Jung stated that he changed old verbiage with the following new language: The Commission is working to fill the one vacancy for the Mayoral Appointee in the Lahu `e — Puhi district that was vacated the end ofAugust 2013 due to a commissioner 's resignation. One meeting was cancelled due to a lack of a quorum and one cancelled as it conflicted with the 2013 Kaua `i County Farm Bureau Fair. Deputy County Attorney Jung pointed out that if the Commission is satisfied with the changes they would need to make a motion for approval; subject to minor edits by Staff to clean up the report in terms of fontage, spacing and minor grammar changes otherwise, the Commission can accept the changes in the draft for final approval before transmitting the report to the County Council. Chair Gegen called for a motion to accept the changes to the final draft. On a motion made by Vice Chair Figaroa and seconded by Commissioner Hayashi to accept the changes to final draft of the Open Space Commission 2013 Annual Report, the motion carried unanimously by voice vote (S : 0) Chair Gegen asked if after the changes are made at what point would the report will be available to the OSC so that it could schedule agenda time to appear before the County Council . Ms . Sadora asked the Commission to give them a week to work on the changes and then send the report to the Planning Director for review and modifications . Once that is done, the report should be available two weeks after getting it back from the printers which should be at the end of the month. Chair Gegen noted at the January 9th meeting the Commission should review the final draft and make a decision as advised by the Deputy to go forward. Deputy County Attorney Jung stated that the Commission should also think about who it wants to represent the Commission at the Page 4of6 County Council meeting. Chair Gegen stated that the matter can be discussion at the next meeting in January. Ms. Sadora stated that in the past, the Commission usually provides the County Council with a list of recommendations; she asked whether the Commission would like to include everything it made reference to in report or just list the active items . Ms . Sadora stated that the list could be colored code to show which items are active and which ones that were recently added to the list; as for the aerials, the Commission could attach it to the active list. Vice Chair Figaroa stated that he prefers the list to be color coded that way it will show the active items versus what is already on the list. He noted a map of the area should be included and reference by page number. Ms. Sadora stated that at this point, she does not believe the Commission is actively working on the list. Chair Gegen agreed, and noted the active properties should show more detail and non-active properties could have a dot next it to show how it is divided around the island. Ms: Sadora stated that each area should be identified on the map just to give a geographical idea of the locations and that the aerials should be left to the more active areas . She added that she would be updating the information on the assessed value based on the real property tax assessment. Commissioner Evslin asked if the photo of each the map will show each property that was mentioned. Ms. Sadora stated that the map will be colored coded to show which property are active which will include, an identification bullet next to it along with information on what 's currently on this year' s list. After a lengthy discussion, the Commission completed its review of the draft report in its entirety in which they made substantive corrections and revisions, which is attached hereto. The final draft with its changes will be reviewed at the Commission next meeting in January. G. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Gegen noted the meeting will be on January 9th the Commission will have a chance to review the final draft of report. Also on the agenda will be a discussion on identifying all five properties that are on the the active list for possible update including a discussion on legal issues relating to the access to Papa` a Bay beach. Commissioner Evslin reminded the Commission that at its last meeting, there was discussion on inviting Tom Pierce to a meeting to talk about how he was able to get State to recognize the historical trail on Maui. Deputy County Attorney Jung stated that he would check with Mr. Pierce to see if he would be willing to come an Open Space Commission meeting. H. ADJOURNMENT Page 5 of 6 On a motion made by Commissioner Hayashi and seconded by Commissioner Blake to adjourned the meeting, the motion carried unanimously by voice vote (8 : 4) At 2 :45 p.m. the meeting adjourned. Respectfully submitted by: ),/(L, Uzi (XL� Mercedes Youn Commissions Sup ort Clerk Page 6of6