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HomeMy WebLinkAbout2013-2-14 Open Space Commission Minutes PUBLIC ACCESS , OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES February 14, 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: Joseph Figaroa, Vice-Chairperson Theodore Blake Joseph Figaroa Dorothea Hayashi John Lydgate Maurice Nakahara Absent and excused: Nathaniel Childs, Chairperson Luke Evslin Patrick Gegen The following staff members were present: Nam Sadora, Duke Nakamatsu, and Deputy County Attorney Ian Jung. SWEARING IN OF COMMISSIONERS Newly Council-appointed Commissioner Dorothea Hayashi was sworn in and Commissioner Linda Dela Cruz was sworn in for re-appointment by Administrative Assistant to the County Clerk Eddie Topenio, Jr. CALL TO ORDER Vice Chair Figaroa called the meeting to order at 1 : 18 p .m. APPROVAL OF AGENDA Vice Chair Figaroa requested taking item I.3 following the announcements to accommodate the presentation by Jennifer Luck from the Hawaiian Islands Land Trust. 1 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes On the motion by John Lydgate and seconded by Linda Dela Cruz to approve the agenda, the motion carried by unanimous voice vote, 5-0. ANNOUNCEMENTS There were no announcements. COMMISSION EDUCATION (Commissioner Blake arrived at the meeting at 1 : 30 p .m. ) Discussion and education on alternative funding opportunities, community outreach to community and non-profit organizations — Jennifer Luck — Hawaiian Islands Land Trust. Jennifer Luck, the Kauai Island Director for the Hawaiian Islands Land Trust stated that they were formerly known as the Kauai Public Land Trust that worked closely with the Commission and the County on the expansion of Black Pot Beach Park and the acquisition of the 3/4 acre parcel in Hanalei . In January 2011 the Kauai Public Land Trust merged with three other Land Trusts around the State and formed the new Hawaiian Islands Land Trust. They work closely with Open Space Commissions or their equivalents on all of the islands and are appreciative of funds that are created on each island and the Commissions that diligently work to identify projects that the community would be interested in protecting in perpetuity. She thanked the Commissioners for their work in volunteering their time, and hoped that they will keep the Land Trust in mind as a potential partner on projects when appropriate . She distributed a list with brief notes on the foundations or Federal sources of funding (on file) and stated that she would be available to speak at length about any of the sources. Commissioner Lydgate questioned their mission statement. Ms. Luck stated that their mission statement is to protect the places that sustain us for current and future generations. Basically they acquire land either through fee title or conservation easement to protect and keep free from development in perpetuity ranging from lands with scenic value, to recreational lands, lands with significant cultural history, archaeological history, agricultural lands that could be used in farming, and endangered species habitat. They own about 5 . 5 acres of land in fee on Kauai and it will be 17 . 5 acres by September. They hold 3 conservation easements in Kilauea. Statewide the Land Trust protects 17,500 acres. Commissioner Nakahara questioned if that land is off of Wailapa Road. Ms. Luck confirmed that the land they own in fee is at Kahili Beach or Rock Quarry Beach off of Wailapa Road. She noted the private foundations that the Land Trust has worked with in the past are the Doris Duke Foundation, Bill Healy Foundation, and the Freeman 2 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Foundation . The private foundations are smaller in numbers. The majority of funds raised for acquisitions typically come from donative intent where the land owner donates a portion of the value, and also Federal and State funding sources. Regarding the State Legacy Lands Fund, the Legacy Lands Commission identifies projects to acquire which typically has around $4 million that the counties as well as private non-profits can apply for. Applications are typically due in September, the Commissioners will do site visits in October or November, and they meet in December to endorse the projects that they would like to see funded. Then the Board of Land and Natural Resources votes in January or February, and it triggers the process of having the funds released with the Governor having the final sign off. There has never been a case where the Board of Land and Natural Resources has not chosen to fund the projects recommended by the Commission as long as there is enough money and no major changes to the budget. Legacy Lands funds were used to purchase the property at Black Pot Beach Park. Typically the applicants are the counties, the Land Trusts, Trust for Public Land, and the Nature Conservancy. Regarding Federal funding, the NRCS Farm and Ranchland Protection Program can only be used for conservation easements. Commissioner Hayashi requested an explanation on conservation easements. Ms. Luck stated that fee title ownership would involve purchasing land outright. A conservation easement is similar to a deed restriction and would retire the development right on a piece of property. The land owner continues to hold title, but a Land Trust or County could hold a conservation easement that would run with the title, in perpetuity, and essentially restrict the use of the land so the vast majority of it cannot be developed. Conservation easements have become a very popular tool of Land Trusts because it allows them to protect property without the burdening of liability and management and typically cost a lot less than buying something in fee. There are significant tax deductions associated with conservation easements . If the land owner donates a conservation easement or portion of an easement they could write off the value of that conservation easement for a number of years . Out of the 17,500 acres that they protect, roughly 17,000 are held in conservation easements . The Farm and Ranchland Protection Program is registered through NRCS and allows Land Trusts or Counties to purchase conservation easements on farm or ranch land but also lands with cultural or archaeological significance. Those funds have never been used by the County of Kauai or Kauai projects so they are anxious to hear from Kauai. If there is a project that the Land Trust or County could apply for from the Farm and Ranchland Protection Program they would stand a good chance of getting funded. Commissioner Lydgate questioned projects for bio mass trees. Ms. Luck stated that they could potentially be used for something along those lines . Commissioner Lydgate questioned hydroelectric projects . Ms. Luck stated that Richard Hahn in Hamakua Springs is building a hydroelectric project and is in the middle of applying for Farm and Ranchland Protection Program funds to sell a conservation easement on his property. She was not sure of the boundaries of the easement and if they include the hydroelectric project, but potentially in theory it could. 3 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Commissioner Blake questioned the limits on the cost of properties . Ms. Luck stated that the Farm and Ranchland Protection Program would only provide a portion of the funding and would want to see their funds matched. The amount they have varies from year to year. Vice Chair Figaroa clarified that if a farmer wants to have 10 acres for ranch lands, they could apply and acquire funds for that purpose. Ms. Luck stated that they would have to partner with an organization like the Land Trust to hold the conservation easement, so the farm land is protected in perpetuity and will always be used in agriculture. The program would want a matching source of funds. Vice Chair Figaroa clarified that the farmer would have to own the title to the land to begin with. Ms. Luck stated that another Federal program is the North American Wetlands Conservation Act Fund administered through the Fish and Wildlife Service that can be applied for money to protect or restore wetlands. The County of Kauai applied for $ 1 million and within the application there were three projects; an acquisition at Kahili Beach of 12 . 5 acres with the Land Trust and two wetlands restoration projects, one at Huleia and one at Mana. Commissioner Lydgate requested a definition of wetlands or what lands are designated as wetlands . Ms. Luck stated that it would have to be estuarine lands that also demonstrated the potential for, if not already established, wetlands habitat. Typically they would be near or close to rivers or coastal areas . Commissioner Lydgate questioned the Coco Palms area. Vice Chair Figaroa stated that is a conservation zone. Commissioner Hayashi stated that Mana is not presently wetlands and questioned if it could be restored. Ms. Luck stated that North American Wetlands Conservation Act funds can be used for either purchase or restoration work. The Mana project is not a Land Trust project. They were partnered on the funding application but it is actually a Fish and Wildlife project. Commissioner Dela Cruz questioned if it is the bird sanctuary. Ms. Luck stated that it is to her understanding. 4 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Ms. Luck stated that the Recovery Lands Act Fund is also through Fish and Wildlife Service. It is a great source of money, but it is for endangered species habitat, so use of the lands in perpetuity and public access on the land can be restrictive. A potential source of funding for the Open Space Commission would be the Land & Water Conservation Fund that provides matching grants to states and local governments for the acquisition of public outdoor recreation areas and facilities. The NOAA/CELCP Fund through the Coastal and Estuarine Land Conservation Program provides funds to acquire and protect coastal and estuarine areas . Vice Chair Figaroa questioned the process for interested community organizations . Ms. Luck stated that typically the community would approach the Land Trust and the Land Trust would ask for information about the property, review it, and determine whether or not it was a project they would want to work on. With the partnership of the community, the Land Trust would approach the land owner, determine if the owner is willing, and go through the process of applying for funding. They rely on the community to identify projects that are deserving of protection, and they do a tremendous amount of the ground work before the Land Trust comes in. The Land Trust has full time staffing and would be more than happy to handle the application process, funding process, and negotiations with the land owner. Commissioner Lydgate questioned the Wailua watershed and the canoe clubs as an interested party for management, and also the sensitivity to the Hawaiian communities that may have controversial issues . He questioned who the Land Trust answers to. Ms. Luck stated that the Land Trust is governed by a private Board of Directors comprised of residents of Hawaii . Before they determine whether or not to work on a project, it is assessed on different levels . If there is any controversy in the community they would meet with people in the community and determine whether or not they could help alleviate the controversy to find a solution. They would not move forward unless there was community support. Vice Chair Figaroa questioned if the Land Trust has experience with community input and if they had advice for the Open Space Commission in refining their input process. Ms. Luck stated that they are not as methodical about soliciting community input as the Commission needs to be. They depend on local advisory groups on each island that serve as the connection to inform the Land Trust on what is important to the community. They have solicited community input and focus groups on each island, but their community outreach methods are the advisory groups at the local area and talking to local community service clubs . They considered a green printing process funded by the Doris Duke Foundation and Trust for Public Land which would have been more methodical and in depth. She encouraged the Commission to look into the green printing process by contacting Doug Cole at the North Shore Community Land Trust on Oahu. It forced them to go out into the community in a very organized, methodical, and detailed way to solicit feedback from the community. 5 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Vice Chair Figaroa requested a copy of the list of funding opportunities and her contact information for the Commission. Ms. Luck thanked the Commission for the opportunity and expressed tremendous appreciation for the work each Commissioner is doing. The Commission was the catalyst for the acquisition at Black Pot which set the standard. There is a huge amount of potential to do great good with the Commission, and the Land Trust is there as a partner when they feel it is appropriate and necessary. The Commission thanked Ms . Luck for her presentation. Deputy County Attorney Jung noted that Ms. Luck was very instrumental in the Hodge property acquisition. APPROVAL OF MEETING MINUTES Regular meeting minutes of 1 /10/ 13 On the motion by Linda Dela Cruz and seconded by Dorothea Hayashi to approve the minutes of the 1/10/13 meeting, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR THE RECORD There were no items for the record. 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 Ba. through the former Hoban property. Deputy County Attorney Jung stated that the land owner' s representative is working on their counter appraisal. Once they receive the counter appraisal, they can begin discussions . Vice Chair Figaroa questioned the estimated timeline. Deputy County Attorney Jung stated that there is no estimated timeline. They would look at certain legal theories they may be used to challenge the County' s appraisal. He was not aware if they even contacted an appraiser yet. Vice Chair Figaroa stated that the Commission will hopefully have a counter offer by the next meeting. 6 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Review and discussion on past recommendations and prioritization of the Commission' s work plan/timeline of events and activities through 2013 including_ • Criteria spreadsheet for recommendations list (2013 report) Ms. Sadora stated that the Commission decided on the criteria and was going to assess each of the properties . Vice Chair Figaroa questioned the number of sites that remained after deleting the duplicates . Ms. Sadora noted there were 24 sites. The Commission was going to utilize their new criteria list in developing their recommendations . Vice Chair Figaroa questioned if the Commission was prepared to go through the list of sites. Commissioner Dela Cruz preferred that all of the Commissioners be present to review the list. Ms. Sadora suggested that the Commission familiarize themselves with all the areas . The sites were all past recommendations so they will be described in the reports with their intent and land value at that time. Vice Chair Figaroa requested deferring this item to the next meeting. Discussion on updatin the he Open Space Commission' s webpage. Ms. Sadora stated that she has updated some of the information in the edit screen, but the changes are not live for public viewing. The Planning Department also updating their website and she would like to work in tandem to ensure consistency. The Commission should consider the information they are putting out and focus on the core of what they represent as it has evolved until today. Referencing to the original Ordinance and where they are now may get confusing. The Commission will see the changes to the website to provide their input before it actually goes live. Discussion on the use of Resolutions to accommodate goals and objectives of the Commission . Commissioner Blake questioned if a Resolution would be in conjunction with a strategic plan. 7 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Ms. Sadora stated that it would be something that the Commission would like to have implemented. It would be their communication to Council. Commissioner Blake questioned if they would pertain to individual projects or a slate of projects. Ms. Sadora stated that she didn't think it was specific . Vice Chair Figaroa stated that it would be what the Commission decides to take on. The Commission wanted to be more educated on the Resolution process and how to present it to the Council. Deputy County Attorney Jung clarified that a Resolution is a non-binding policy statement coming from the Commission stating that they collectively believe or recommend something should be done. If there is something that they want the Council to be aware of they can do a Resolution as long as it is within the scope of the powers and duties of the Commission. They would have to discuss it, he would look at it, draft it up based on the discussion, and see if it fits into the scope of duties or responsibilities. Ordinarily they would use a dossier to suggest a recommended acquisition site and suggest it to the Council after the report is submitted. Vice Chair Figaroa requested information on the dossier process. Ms. Sadora stated that they initially chose that mechanism for action they wanted to take prior to submitting the next annual recommendation to have Council consider the action. The dossiers were specific to the recommendations. The Commission wanted support from Council to be able to pursue the recommendation which triggered the appraisal for the Hoban easement. It was a form of communication during the year rather than waiting for the next recommendation report. Vice Chair Figaroa clarified that the dossier is like a call to action. Deputy County Attorney Jung stated that in the past, the Commission provided the annual list of recommendations, and it was perceived that one of the Council members would have to initiate the Resolution to start acquisition. The Commission decided to utilize the dossier to see if Council was interested in a particular recommendation, and then move forward. Vice Chair Figaroa clarified that whichever the Commission decides to recommend, they present to staff to review, and then present it to Council . If Council approves then they move forward. Deputy County Attorney Jung added that if Council approves, then staff would develop the acquisition plan and start the leg work such as getting appraisals and moving forward to negotiate a sales price or condemnation. They would have to go back to Council for a condemnation resolution. 8 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Vice Chair Figaroa questioned the flow chart for acquisition plans . Ms. Sadora stated that they will circulate the chart of steps again. Commissioner Blake questioned the process before an acquisition. Deputy County Attorney Jung stated that when the County identifies a property to acquire, the acquisition can be negotiated through a sales price and land sales agreement or it can be through condemnation. Through a sales price and land sales agreement, the Commission would need to recommend it on their list, then Council would need to take action. If they approve, he would need to get an appropriation Bill to have money allocated for the project. The Bill would then be acted upon by the Council with first and second reading and public hearing. Then he would need to create the land sales agreement between the County and the land owner. Then the Council would have to approve that document. Then the Council would have to approve a warranty deed or dedication deed. There are three steps to get through Council to acquire land. The first step in a condemnation would be for the Commission to submit their dossier try to negotiate and if the land owner says no, the Council would have to approve a condemnation resolution. That gives the County Attorney the authority to file the condemnation action to start the legal proceedings that are required. Then if they settle on the lawsuit, Council would need to approve appropriation of funds. If they require a judgment from the court to go through a full litigation, then Council would appropriate funds . In condemnation, once they get a valid appraisal, they can take possession of a property, if they put money down, and hold on to the property pending the condemnation action. Commissioner Blake questioned how they would convince the land owner that an appraisal is valid. Deputy County Attorney Jung stated that it would have to be an appraisal approved by the Court. It doesn't finalize the price. The Court will hold the money until the action goes through. Commissioner Blake clarified that once the County expresses the intent to condemn, the property is off the market. He questioned the minimal timelines for acquisitions and condemnations . Deputy County Attorney Jung stated that there was a condemnation that took 2 years, and a condemnation that took 10 years. Acquisitions can be fairly quick. The money would need to be allocated through an Ordinance. It would need to be introduced by a Council member or the Mayor, and then it goes for first reading, is referred to a committee that holds a hearing at a following meeting, holds a public hearing that requires a 30 day notice, then the committee decides on the Bill, then it goes for second reading. One public hearing and three separate Council meetings could theoretically happen within three months, on a fast track. Regular track, he would say six months. 9 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Commissioner Blake questioned the difference between the two condemnations. He questioned if the two year process was a normal timeline. Deputy County Attorney Jung stated that it would depend on the lawyers and if they are stalling the process. There are friendly condemnations. If done through condemnation, there would be no conveyance taxes. Friendly condemnations can take about six months . Commissioner Blake asked for clarification that once a property is condemned, even if it takes 10 years, the property would be off the market. Deputy County Attorney Jung stated that it would depend if the County puts the appraised value up to the Court. The Court would issue an order giving the County possession of the property pending finalization of the values. Technically the County would be in possession of the property and there would be a notice of pendency action affixed to the property. Commissioner Blake questioned if it is normal to have the Court set the price. He questioned if the County would still have possession of the property from the beginning. Deputy County Attorney Jung stated that as soon as the County lodges the funds, the County would have possession. But, final valuation would still need to be determined. One party would think that it is higher, so the court holds an evidentiary hearing on the value of the property and determines the value as far as just compensation under the law. Commissioner Blake clarified that the County could take possession and start improvements. Deputy County Attorney Jung replied theoretically they could, but condemnation is very complicated. Discussion on acquisition of land to expand Salt Pond Beach Park Commissioner Blake questioned which portion of Salt Pond the Commission is looking to expand. Vice Chair Figaroa noted that according to the report, the original proposal was to expand mauka of the park. Commissioner Dela Cruz noted that they wanted to expand the parking. Vice Chair Figaroa stated that they wanted to create a buffer for the salt pans by expanding mauka. The land owner is the State and it was ]eased to Gay and Robinson. The Commission was waiting for the Parks & Recreation master plan update, but they discovered that it had not been updated. 10 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Deputy County Attorney Jung clarified that the master plan has been updated, but no expansion was considered to Salt Pond. He spoke to the Parks Director who was going to discuss it with the Commission. Hopefully he will attend the next meeting. Commissioner Lydgate stated that it is important to get the facts before having a discussion. Deputy County Attorney Jung stated that he didn 't know why it was not in the master plan. Commissioner Lydgate felt that the Commission is responsible for getting this information so they can head in a direction. The Commission is being asked to act on behalf of the community and it is their job to push the issue otherwise nothing happens . Commissioner Hayashi asked for clarification that the master plan is supposed to be done together with the community. She questioned if the acquisition could be just for preservation of open space to preserve the view plane rather than beach park expansion. Deputy County Attorney Jung noted that one of the prongs of the Commission is to look at open space and preservation. All of the surrounding land is owned by the State with two old kuleana pieces that are owned by the Robinson family to the west. The salt pans and the air strip are owned by the State under the Department of Transportation. Commissioner Hayashi questioned the ownership of the road. Deputy County Attorney Jung noted that the County has an executive order for the road and the big parking lot and another 4 acres were issued to the County for Salt Pond Beach Park. Commissioner Lydgate noted that the Veterans ' Cemetery is going to need more space. Commissioner Dela Cruz noted the expansion of the cemetery is already approved and will be expanding further up . She stated that her understanding is that the Humane Society is in the Hawaiian Homes area. Commissioner Lydgate noted that in the past there have been good tradeoffs between County and State and the State has yielded to the County for expansion for reciprocity. Deputy County Attorney Jung noted that former Mayor Baptiste was trying to negotiate an executive order for 15 acres near Salt Pond, but he is unable to locate a Resolution. There are policy decisions that the Parks & Recreation Department would have to do to prioritize projects for expansion. Commissioner Lydgate stated that it is a wonderful beach park and people love it. Commissioner Blake questioned if the master plan includes both State and County land. 11 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Deputy County Attorney Jung stated that it only includes County lands, but sometimes it is land under executive order of State that the County is using. An executive order is like a license for use of the land. Commissioner Blake clarified that there is no transfer of title. Deputy County Attorney Jung stated that there is no transfer of title, just a signature from the Governor. Commissioner Blake questioned the roads in limbo . Deputy County Attorney Jung stated that most roads in limbo were not an executive order. They were old government roads in which ownership has never been specifically identified. Commissioner Blake questioned that the intent was to transfer them to the County. Deputy County Attorney Jung stated that was the intent, but the County rebelled against that interpretation. They are working with the State through Legislation. The County' s working group ' s representative is Lyle Tabata who is working with Jody Higuchi from the County Attorney' s Office. They are working on a possible solution to Roads in Limbo. Commissioner Blake questioned if the County wants to acquire the salt pans and mauai lands that are owned by the State. Deputy County Attorney Jung stated that the Commission is looking to expand mauka to expand parking and the availability of more camp sites along where the current parking is. Vice Chair Figaroa stated that their thought was to move everything mauka away from the salt pans. Commissioner Blake questioned if they are looking to acquire the road along the east end. He noted that the land on the Port Allen side, the male side, used to have salt ponds too . The side where the ponds are now is the female side. Commissioner Hayashi stated that the Council is going to do a study. A study was done in the past and is in the State archives, but they are not able to locate it. Vice Chair Figaroa asked for clarification that to restore the old pans they would have to eliminate that road. Commissioner Hayashi noted that ocean water needs to go in. There has been no channel for years. 12 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Commissioner Blake stated that there is a salt water spring. Every year the spring is cleaned and that is where they get the water for the pans . Vice Chair Figaroa would like more direction on Salt Pond. Of all the areas, Salt Pond is an abyss . NEW BUSINESS Discussion and investigation of beach access near Kokole Point Rod (Waimea District) Staff distributed copies of the tax map of this area. At the last meeting a member of the public stated that there was no signage for the access to the beach. She noted that the rifle range is State property but managed by the Hawaii National Guard. There may have been an area that people used, but according to the tax maps, there is no designated beach access . In 1994 when the National Guard came before the Planning Commission, there was a condition in the permit to consider working with the current land owner for beach access. They came back in 2010 to fence the property. At that point, the communication in the report stated that they were not going to pursue beach access . Because the parcel is used as a rifle range, they didn't feel that it would be safe so they didn 't need to pursue beach access . There was never any beach access existing and the land owners don' t need to provide beach access. She noted that on the map, what looks like an access is a road access from the highway to the parcel. Vice Chair Figaroa clarified that the original agreement was that the Hawaii National Guard work with the owner to provide beach access, but the condition has later changed. Ms. Sadora stated that the staff report did not require them to provide beach access. Deputy County Attorney Jung stated that the action in 1995 was to expand the site for the firing range. The 2010 permit was to construct a perimeter fence around the entire property. There was an SMA permit with full public hearing, but the Department did not recommend going after access. It indicated that the fence would not reduce or impose restrictions upon public access. He noted that people still drive along the beach to get to the rifle range. Commissioner Lydgate questioned if there was pressure from the community to have access there. Deputy County Attorney Jung stated that there was the one person who testified at the last meeting. Commissioner Nakahara asked for clarification that there is no beach access from the road driving in to the rifle range. Deputy County Attorney Jung stated that he thinks they lock the drag strip when it is not in use, but people who are attending the races can probably walk to the beach. 13 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Commissioner Nakahara noted that the target range is also not open all the time. People usually like to surf that area in the winter. He also noted that people drive on the beach to get to the surf spot, but he thought vehicular traffic was prohibited under law. Deputy County Attorney Jung noted that he does not know the details of the law, but his own personal understanding as a surfer is that it is prohibited in front of County or State beach parks but unclear under other beaches. Commissioner Blake stated that he always thought it was against the law to drive on beaches. Deputy County Attorney Jung stated that he will look it up . He noted that the DLNR has started to enforce it at Polihale. Commissioner Dela Cruz stated that her understanding is that you can park on the beach if you have a fishing pole . Vice Chair Figaroa questioned the logic for closing off the access. Commissioner Blake clarified that there never was an access. Deputy County Attorney Jung stated that there might have been people who just walked down the road to the beach, but they may have been trespassing in restricted areas. Government property isn't necessarily open to the public . The government, like private land owners, can also impose restrictions for health and safety purposes. In this case it would be because of the rifle range. Commissioner Blake questioned the map that was provided from the public testimony indicating the public access. Ms. Sadora noted that it was from the Odyssey production; Island Map of Beach Accesses. Commissioner Blake clarified that it is not a legal access. Ms. Sadora stated that although it is noted in the publication, there is no record of a beach access . Vice Chair Figaroa noted that in the future if it is brought to the Commission, they will note that there never was any beach access to begin with. Ms. Sadora stated that the Planning Department, with Na Ala Hele did a complete island review of all accesses, whether desired, potential, or existing. Anything that is brought up as an 14 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes investigation will become part of that file so that they will see that investigation was already done. Vice Chair Figaroa noted that this is a desired access of one person, but questioned if it is a desired access for the whole community. Commissioner Dela Cruz noted that she never heard it mentioned at any of the community meetings in Kekaha. Ms. Sadora stated that the Commission wanted to extend the courtesy of investigating a member of the public' s concern. Commissioner Blake requested that staff send a follow up memo to the member of the public that requested the investigation. Vice Chair Figaroa thanked the staff for their investigation. Ms. Sadora noted that Inspector Les Milnes shared in the investigation. Vice Chair Figaroa requested noting that Kokole Point was brought up as a desired access by a public member, but the Commission decided not to pursue access there. Commissioner Blake noted that there is nothing to pursue. On the motion by Theodore Blake and seconded by John Lydgate that staff make a memo to the file containing the research and to inform Mr. Streed of the research, the motion carried by unanimous voice vote. Commissioner Lydgate questioned if they will be expanding the Kekaha Land Fill. Commissioner Dela Cruz stated that the Mayor held a community meeting in Kekaha announcing that there will be a new landfill in Hanamaulu. Deputy County Attorney Jung stated that the Kekaha Land Fill is going to be expanded laterally not vertically but the life span is about 7 years, then there will be a new landfill just north west of Hanamaulu. Vice Chair Figaroa questioned if the new land fill will have the proper lining. Deputy County Attorney Jung noted that landfills are regulated by the Department of Health. The linings and proper requirements will be adhered to with the expansion and the new land fill. Commissioner Dela Cruz noted that the new land fill will be much fancier than the land fill they visited during the HCPO on Oahu. 15 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Deputy County Attorney Jung stated that it will be a state of the art, multi resource facility. COMMISSION EDUCATION Status update regarding upcoming public access workshop . Ms. Sadora stated that the Planning Department will be presenting at the next meeting. On March 14 they would have Kawika Smith from Na Ala Hele, March 28 they would have Tom Shigemoto and Max Graham. On April 11 they would have David Franco from NHLC. They will have to reschedule the Parks & Recreation Director for another date. Discussion on County of Kauai, Parks and Recreation Master Plan — Parks and Recreation Director — Lenny Rapozo . The Director of Parks & Recreation was not available for comment. Vice Chair Figaroa deferred this item until the next meeting. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Vice Chair Figaroa noted that he next meeting will be on February 28 . He requested that review of past recommendations, discussion on the website, and discussion on Salt Pond continue as unfinished business. He requested that everything for commission education remain the same except for funding opportunities. Commissioner Lydgate thanked Deputy County Attorney Jung on his presentation on the use of Resolutions . Ms. Sadora suggested that discussion on the public input process be listed under new business . They will probably conduct their input process in June for about 6 weeks. In the past they have gone out to the communities and it seemed to be the best arena. Last year, the Council suggested that they also have representatives from the Administration and Council attend the public meetings to show support from the County so other topics can be deferred to the appropriate agencies. Vice Chair Figaroa stated that he would like to contact Dough Cole regarding the Green that Ms . Luck recommended. He stated that with advisory groups it becomes less of a platform for venting and more of an advocacy. 16 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes Ms. Sadora stated that they can continue surveys in the libraries, and making public announcements to encourage input, but they also talked about attending existing community meetings. Full colored ads produced limited responses. The most visited were the online surveys . Commissioner Blake noted that even with newspaper and radio ads it is difficult to get people to attend the meeting. He questioned if there was a budget for refreshments . It is easy to control if you start at the beginning to let everyone know why they are there, treat them with respect, and if there are any questions write them down for someone to read for them. That would take out the emotion, and they don't repeat themselves so the meeting moves faster. He has done surveys with the multi modal plan. Hawaii people love to fill things out if they may win something in the end. He would pin up posters at the stores, post offices, banks where people go all the time and even pass out fliers with the groceries. It is the cheapest and most effective. Then, going out into the community and talk to the non-profit groups. Any other way, is close to a waste of time. You always have more officials than people attending the meeting. He recommended trying those methods. Although there are modern conveniences, people don 't have time to read. Ms. Sadora stated that it will take time to formulate the plan and suggested that they begin discussions at the next meeting. They should target May and June for the public input to be start. Vice Chair Figaroa requested that discussion on the public input process be listed on the next agenda. ADJOURNMENT Vice Chair Figaroa adjourned the meeting at 3 : 15 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 17 VA2013 Master Files\Commissions\Open Space\Meetings\2013-2-14 Minutes