HomeMy WebLinkAbout2013-2-28 Open Space Commission Minutes PUBLIC ACCESS , OPEN SPACE & NATURAL RESOURCES
PRESERVATION FUND COMMISSION
REGULAR MINUTES
February 28, 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
Theodore Blake
Linda Dela Cruz
Joseph Figaroa
Dorothea Hayashi
John Lydgate
Absent and excused:
Joseph Figaroa
Luke Evslin
Maurice Nakahara
The following staff members were present: Nam Sadora and Duke Nakamatsu.
The following staff members were absent: Deputy County Attorney Ian Jung.
SWEARING IN OF COMMISSIONERS
Chairperson Nathaniel Childs was sworn in for re-appointment by Administrative
Assistant to the County Clerk Eddie Topenio, Jr. at 1 : 12 p.m.
CALL TO ORDER
Chair Childs called the meeting to order at 1 : 15 p .m. He stated that they will be taking
agenda item 1.2 . first to accommodate Lenny Rapozo, Director of Parks & Recreation.
COMMISSION EDUCATION
Discussion on County of Kauai, Parks and Recreation Master Plan — Parks and
Recreation Director — Lenny Rapozo.
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Lenny Rapozo, Director of Parks & Recreation, stated that they reviewed all of the
projects that were put into the Master Plan from Kekaha to Haena and have submitted it to a
consultant who is finishing the final product to present to the community.
Chair Childs questioned the status of Coco Palms and whether it would be turned into a
park.
Mr. Rapozo noted that there are legal issues that need to be resolved so he would not be
able to comment on Coco Palms.
Chair Childs questioned the status of Black Pot Beach Park.
Mr. Rapozo stated that Black Pot Beach Park is already in the Master Plan. They are
developing the project identification document and they will be working with the community on
a master plan for that area. They may have an opportunity to acquire another parcel adjacent to
the current park.
Commissioner Blake questioned if the smaller parcel, makai, owned by Ohana Real
Estate is going to be acquired by the County.
Mr. Rapozo stated that there are ongoing discussions. He was told that when the master
plan is developed, it would be donated to the County. It dates back to an article in The Garden
Island, but there is no record in the sales agreement or any documents that the attorneys can find.
The developer is open to it, but there are currently no documents , so there would have to be some
negotiations including negotiations with DLNR for the unencumbered land on the sand bar on
the river side.
Commissioner Blake questioned if the County would consider a halau for the canoes .
Mr. Rapozo stated that it would have to be part of the master plan they are developing
with the community. He is hoping they would have a place for the canoe clubs, commercial
boating, fisherman and everyone else.
Commissioner Blake questioned if the Master Plan addresses the vehicles on the beach.
Mr. Rapozo stated that it will address the vehicles.
Commissioner Gegen questioned if the Commission could receive an overview of the
master plan.
Mr. Rapozo stated that he would make a request to the consultant.
Commissioner Gegen questioned the status of Salt Pond Beach Park and the possibility of
an expansion .
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Mr. Rapozo noted that there were provisions included in the Master Plan. The
Administration looks at helping to preserve heritage and culture which would include the salt
pans . No formal steps have been taken to acquire the salt pans or the lands east of the beach
park, but it is in the Master Plan if they chose to expand in that direction. The previous Master
Plan was done in the 70s so the updates were needed.
Commissioner Blake questioned if the Master Plan could include traditional names for
the parks .
Mr. Rapozo stated he thinks that it should and could be included.
Commissioner Blake noted that if they continue to use the English names, the Hawaiian
names would be lots .
Mr. Rapozo agreed that it is important and had been recognized on the current bike path
system. He will check with the consultants if it can be included in the Master Plan; that any type
of development moving forward should look into having the meanings of the stories of the areas
as part of the interpretive signage.
Commissioner Lydgate questioned to what extent the County would be able to acquire or
swap with the State for expanding Salt Pond Beach Park inland, or mauka. He questioned the
difficulty.
Mr. Rapozo stated that he was not sure if those lands are owned by the DHHL. If so,
they would not be able to give the County an executive order to manage the land. The State has
been good to the County when land is requested for park expansions. It would normally be a
request from the Mayor to the Governor asking for a portion of land. DLNR owns the land
mauka of the Veterans ' Cemetery and they are doing a 6 acre expansion for future burials and a
bigger facility that would entail a place for maintenance equipment and an office. DLNR was
more than willing to accommodate the project and provide the land.
Commissioner Lydgate questioned former Humane Society land.
Mr. Rapozo was not sure who owns that land.
Chair Childs questioned if the Administration is aware of the massive erosion in Kekaha.
They heard that part of the rifle range is washing away and the drag strip is undermined.
Mr. Rapozo noted that they were aware that sand was eroding at Mac Arthur/Dela Cruz
Park, but the beach has come back. Beyond that, he did not have any knowledge because it is
DLNR land. He noted that the race track was offered to the County but the State decided to
grant an executive order to the racing association. It is hard for the County to do anything other
than hope that nature takes its course and brings it back. Regarding sand nourishment, they are
finalizing the study for Poipu that will be published for final comments, identifying sources of
sand out in the bay area for sand to be replenished on the beach.
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Commissioner Lydgate stated that it is an issue at Wailua near Coco Palms. He
questioned the definition of accretion.
Mr. Rapozo stated that accretion adds and erosion takes away.
Commissioner Lydgate noted that there is accretion and a mound near the bridge. He
questioned any contingency plans for erosion fronting Coco Palms where they are building the
new bike path.
Mr. Rapozo stated that there are no plans . The mauka water drives all the sand that
blocks the river into the bay and the waves bring the sand back. He noted that it was a relatively
dry summer so there was a lot of erosion. Now with rains coming down, the beach is coming
back.
Commissioner Blake stated that he has seen Wailua Beach worse in the 50s when the
waves used to break closer to the road. It goes and comes back like in Poipu.
Mr. Rapozo noted that Commissioner Lydgate ' s grandfather' s map of 1918 helped to
indicate the kuleana lands in the area. He did some research in the Kauai Historical Society and
found an aerial view of the beach from 1954 in the book of Coco Palms and there was no beach,
only rocks. He stated that some of his uncles used to reference jumping from rock to rock to
surf.
Commissioner Blake noted that Shipwrecks, Keoneloa, used to be rocks so he couldn 't
understand why the name was Keoneloa, or long sand. After the hurricane, the sand came back.
He hopes that the sand will return in Kekaha.
Commissioner Gegen questioned the camping at Lydgate.
Mr. Rapozo stated that they have a lot of repeat campers. People can surf, fish, or swim
and it is a fantastic facility. He noted that many people enjoy the day, but don't camp overnight.
He did not feel the parking was adequate . He noted that Lydgate is a site camp and is limited to
square footage. The challenge is that some people overstep their pad.
Commissioner Lydgate commended Parks & Recreation on their pilot program and stated
that he was impressed with the Park Ranger, Larry and the whole operation.
Mr. Rapozo stated that they are planning to do major renovations at Lydgate and Poipu.
They have added two positions in the budget. They will have staff during weekends and holiday
weekends on Thursday, Friday, Saturday, Sunday, and Monday from 10 : 00 a.m. to 6 : 00 p.m.
The focus is on bathrooms first, trash next, and then other park duties. This would be in addition
to the current staff to make the experience the best as possible for the community.
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Commissioner Hayashi noted that the wording for the agenda item regarding acquisition
of land to expand Salt Pond Beach Park caused problems for meetings that were held in
Hanapepe.
Mr. Rapozo noted that it was a recommendation from the Commission. He noted that
some of the challenges would be that DOT owns all of the land East of Park and DNLR owns the
land west of the park, but he was not sure who owns the land across the street.
Commissioner Gegen noted that the Commission requested that Mr. Rapozo attend the
meeting so they could understand if the Department of Parks & Recreation looked at in anything
in particular because the previous Commission received feedback regarding Salt Pond Park.
Mr. Rapozo noted that there was discussion with the Lingle Administration who wanted
to do a heritage trail west of the Beach Park. There are ancient fishing grounds west of the park.
The Commission thanked Mr. Rapozo .
APPROVAL OF AGENDA
On the motion by Theodore Blake and seconded by John Lydgate to approve the
agenda, all were in favor by unanimous voice vote.
ANNOUNCEMENTS
Chair Childs announced that the Commission will lose quorum at 2 : 30 p .m.
Ms. Sadora noted that at the last Council meeting, the Commission' s status report was on
the consent calendar. She was not sure if they will be requesting the Commission ' s presence
when it is taken up on the agenda, but suggested that the Commission decide who to appoint if
there are any questions .
Chair Childs noted that he would be fine with Commissioner Figaroa representing the
Commission and that he could be a backup.
APPROVAL OF MEETING MINUTES
Regular meeting minutes of 1 /24/13
On the motion by John Lydgate and seconded by Theodore Blake to approve the
minutes of the 1/24/13 meeting, the motion carried by unanimous voice vote.
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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 Bay through the former Hoban property_
Ms. Sadora noted that Deputy County Attorney Jung had to attend a deposition so he was
unable to attend the meeting. He wanted to note that he is still in communication with the
representative for the land owner who is still waiting their appraisal.
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)
Chair Childs questioned if there were any revisions or edits to the spreadsheet.
Ms. Sadora noted that the Commission wanted to rate the criteria. She suggested that the
Commission may want to discuss their public input process in the interest of time.
Chair Childs requested keeping this item on the agenda for discussion at the next
meeting.
Discussion on updating the he Open Space Commission' s webpage.
Chair Childs requested taking this item up at the next meeting.
NEW BUSINESS
Discussion on 2013 public input process for developing the biennial list of priority
protects to be reported to the Kauai County Council and the Mayor.
Chair Childs questioned any new ideas for reaching out to the public .
Commissioner Blake stated a lot of people don ' t pay attention to the normal ads . The
Koloa Community Association put up posters at Big Save, Sueoka Store, and Kukuiula Store and
was allowed to put fliers in the grocery bags. They found that to be more effective. They had
done mass mailers in the past, but people don 't even look at them and it cost $ 1500 . People pay
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attention to higher quality posters and they probably cost a lot less. There were a lot of meetings
in Koloa, and posters and flyers at places where people circulate in their community was the way
they got people to attend.
Commissioner Hayashi stated that when they discussed the bridge in Hanapepe they had
difficulty getting people to attend. Banners near the Fire Station on the main highway attracted a
lot of attention. She felt that including a phone number on a banner would be helpful.
Commissioner Blake noted that the old fashioned methods seem to be more effective than
the modern methods. There is information overload.
Commissioner Gegen stated that he was not at that last meeting. He questioned if there
was discussion on having a number of meetings.
Commissioner Dela Cruz stated that they discussed past community meetings and how
they had very little response from newspaper ads and surveys. They are looking for better ways
to circulate the public hearing announcements .
Commissioner Gegen felt they should take a multi-tiered or multi-faceted approach. He
felt they could relatively inexpensively create a basic questionnaire that can be accessed through
the website. The newer generation would rather use their smart phones . He suggested that they
include information with the community news announcements on the radio.
Ms. Sadora noted that part of the input process involves the website and having the
surveys at all public libraries, including public announcements, although that may not be where
they get their best solicitation. Over the course of the last few years the majority of the input
came from the online survey and maybe 10 from other sources. The discussion every year is
how they can get more public and how they can get into community meetings that already exist.
The Commission is not limited to what they can do, but it would be the availability of
Commissioners . Staff will always be there to help facilitate.
Chair Childs stated that a personal sacrifice from the Commission would be to sit at the
County fair for a couple hours day.
Ms. Sadora stated that she would need to check into the costs . She noted that it would be
one weekend in August, but the report completion including the analysis would need to be done
by December. The input process usually takes place in summer and runs for 6 or 7 weeks . By
August the Commission sorts through the information and assembles the report. She liked the
idea, but wasn't sure about the timing.
Chair Childs also suggested setting up tables at the shopping centers with an Open Space
banner. He felt a face to face would bring in more people.
Commissioner Blake stated that they had a spot at the County booth during the last multi -
modal long range plan and people would pass right by, so they circulated and stopped people as
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they walked by. They got a lot more surveys done by approaching people than by waiting for
people to come to the table. He suggested that if they are going to spend the time at the fair, they
should be effective and walk around. The Koloa Community Association always makes sure
there is something to eat at regular meetings. They write press releases for the Garden Island
informing the people what they would like from them rather than having them write back after
the meeting.
Commissioner Hayashi stated that there is a yearly orchid club exhibition at the library.
There was an announcement that members could sell whatever they want. She questioned if she
could sell the Open Space Commission. She noted that there are craft booths for kids and it may
be good to provide information to the parents who are there.
Commissioner Blake stated that was a great idea. It is easier to piggy back with someone
that is already successful.
Commissioner Gegen questioned if the Commission has a post card or mailer. A display
board would be good to have showing Black Pot and other pieces that they are interested in. He
noted that Opala Kauai had a booth regarding energy sustainability and if you sit in the booth
nothing happens . They went out with clipboards in front of the booth, with the booth as a
resource, and informed people of what they were about. The timing might be critical but now
that the Commission is getting involved with the footwork he did not see a problem with getting
input from people towards the end of the year. If they haven 't analyzed it, they can still include
it in the report. He suggested having resources to display and surveys to distribute whenever
there are community events.
Chair Childs requested that staff assemble some kind of display board.
Commissioner Gegen suggested including photos , maps, and a few extra copies of the
reports and a business card referring people to the website.
Chair Childs requested that staff look into the County Fair, the shopping centers, and the
libraries . Once they know the deal at the shopping centers, they can go in whenever they decide.
He suggested that staff contact three to four major shopping centers to determine their policy.
Commissioner Gegen stated that he was thinking of the carpeted display boards that
information can be changed and updated. It would be a great opportunity to have a table
whenever the Mayor has a community meeting, without interrupting the Mayor, but to have the
information available. Then a multitude and cross section of people could be reached. He
suggested a post card that can be submitted any time of the year for information collection.
Chair Childs requested a calendar of community events to determine which they want to
attend.
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Commissioner Gegen recommended the Hospice Fourth of July. He was not sure what
the cost would be for a government agency, but if they can get another 100 recommendations, he
felt that it would be worth it.
Commissioner Blake stated that they were not charged for the multi-modal displays . The
County paid for it.
Ms. Sadora noted that it would come out of the Commission ' s budget.
Commissioner Blake stated that Sherri Cummings has an event on May 3 -5 in Anahola
and is willing to have the Commission information available for distribution.
The Commission received testimony from Sherri Cummings .
Ms. Cummings, Board member of the Anahola Hawaiian Homes Association, The
Council for Native Hawaiian Advancement, and Homestead Community Development
Corporation, stated that on May 3 -5 , they are taking the concept of the Waimea Town
Celebration and implementing it in Anahola. Her canoe club was founded in 2009 and she gave
up paddling because of the high suicide rate in Anahola. She returned home and they became the
Hokulele Canoe Club. She was the second largest recipient of a grant of over $ 87,000 . In her
grant writing, she had to do some deliverables including a natural resource program where they
are environmentally friendly regarding stewardship of the rivers and the bay areas. They leased
8 acres of property and rehabilitated 5 acres of beach front that had been infested with cars and
drug paraphernalia and opened up the land. They purchased high end tentalows and made
platforms with high end tents primarily for cultural use. Charter schools influx the area 2/3 of
the time. They will have an informational area with the DHHL, Department of Health, and
Human Services and would love for the Commission to be a part of it at no cost to offer their
manao.
The Commission thanked Ms . Cummings.
COMMISSION EDUCATION
Status update regarding upcoming public access workshop .
Ms. Sadora stated that the presentation from the Planning Department will be pushed
back to the next meeting since Deputy County Attorney Jung had to attend a deposition.
NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION
Chair Childs stated that the next meeting will be on March 14, 2013 at 1 : 00 p.m. The
status of the acquisition plan for the Hoban easement, review of the criteria spreadsheet, the
webpage, and discussion of Salt Pond should continue under unfinished business. They should
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update their mailers, fliers, and surveys for discussion on the public input process. He noted that
Commission Education will also stay on the agenda. He requested that Commissioners look
through the spreadsheet and come back with any ideas and refinement.
Commissioner Gegen requested the list of accesses . He suggested reviewing the list to
determine how many they know, and they can ask staff to investigate to determine if others are
still there.
Commissioner Blake stated that there was an easement brought up at the Planning
Commission that was supposed to have been granted by a land owner and nothing has been done
for 30 years . He questioned the permit conditions and how the Open Space Commission can
research records of easements .
Ms. Sadora noted that there is no master list. Conditions are imposed on properties . She
noted that Deputy County Attorney Jung stated that it falls on their office if something needs to
be drafted or recorded.
Commissioner Blake requested a list of all conditions.
Ms. Sadora noted that was a dialog with previous Commissions and their desire to
expand their scope. She will discuss tracking of conditions with the Department and with
Deputy County Attorney Jung.
Chair Childs noted that it would be a huge undertaking.
Commissioner Blake questioned the possibility of someone in the Planning Department
being assigned to track the conditions. He has known conditions that have gone back to the
owner because they were never acted upon.
Chair Childs noted that part of the Commission' s role it to re-acquire lost accesses.
Commissioner Blake noted that they don 't know where the accesses are.
Chair Childs noted that it would be a full time job to look at records that go back.
Commissioner Blake questioned why they are conditioned if nobody is following
through. He questioned if the Department can start from today and research backwards. It is the
public that loses out.
Chair Childs would be more comfortable discussing it with Deputy County Attorney Jung
on what can be done.
Commissioner Gegen suggested starting with the pamphlet they received listing all of the
accesses on the island and determining if they still exist. He questioned how the Commission
can go forward to make sure that any accesses that are granted are established and stay open.
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Chair Childs suggested discussing it with the Deputy County Attorney at the next
meeting. He would imagine there are boundary issues and would be a lot of work.
Commissioner Gegen requested another copy of the list of accesses for the new
Commissioners .
Chair Childs requested a new business item regarding cataloging accesses or easements.
ADJOURNMENT
Vice Chair Childs adjourned the meeting at 2 : 22 p.m.
Respectfully submitted by:
Duke Nakamatsu, Support Clerk
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