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HomeMy WebLinkAbout2013-3-14 Open Space Commission Minutes PUBLIC ACCESS , OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES March 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: Nathaniel Childs, Chairperson Theodore Blake Linda Dela Cruz Luke Evslin Joseph Figaroa (2 : 54 p .m.) Patrick Gegen Dorothea Hayashi John Lydgate Absent and excused: Maurice Nakahara The following staff members were present: Nam Sadora and Duke Nakamatsu and Deputy County Attorney Jodi Higuchi Sayegusa (on standby) . The following staff members were absent: Deputy County Attorney Ian Jung. CALL TO ORDER Chair Childs called the meeting to order at 1 : 10 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. ANNOUNCEMENTS Commissioner Gegen announced that he will be leaving the meeting at 2 :45 p .m. Commissioner Evslin announced that he will be leaving at 3 :45 p .m. 1 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Ms. Sadora announced that at yesterday ' s Council meeting, Jennifer Luck from the Hawaiian Islands Land Trust spoke about Coco Palms. The Open Space fund was mentioned and they will probably be seeking assistance from the Commission if they pursue any kind of purchase. She distributed copies of a draft Resolution supporting a community based planning process for the Coco Palms property and grant in aid request at the Legislature. If the Commission would like to discuss it further, they will need to list it on a future agenda. Chair Childs stated that he was in favor of helping with Coco Palms. He requested a clip of the presentation to Council and stated that they will place this time on the next agenda for discussion. Ms. Sadora announced that Commissioner Figaroa will be at the meeting after 2 : 30 p.m. APPROVAL OF MEETING MINUTES Regular meeting minutes of 2/ 14/ 13 and 2/28/ 13 On the motion by Patrick Gegen and seconded by Linda Dela Cruz to approve the minutes of 2/14/13 and 2/28/13, the motion carried by unanimous voice vote. Chair Childs took agenda item F .4. out of order to accommodate testimony from the public. UNFINISHED BUSINESS Discussion on acquisition of land to expand Salt Pond Beach Park. The Commission received testimony from Gilbert Nobrega. Mr. Nobrega stated that he is a salt maker and President of the Hui. He is against expanding the beach park. The park' s existing comfort stations are unable to handle the current traffic. It overflows when the park is well used. The comfort stations need to be connected to sewer lines before considering expansion of the park. The Council was discussing the possibility of moving water to the housing area. They need to move the sewage. When it leaches, they don 't know if it affects the salt making. They have not tested the water in the ponds. He questioned the kind of expansion they are considering whether for parking or more camping area. The park is unable to accommodate the current campers . Every Tuesday, they need to vacate the park and they go over the wall into the salt making area which is State land. They are not moving back into the park. They brought in portable toilets, but he questioned where visitors are supposed to change. They have a well-used park that is not maintained. The Board of Health stated that the water is alright, but he stated that portable toilets are not alright. He felt that the water is contaminating the salt making area. Before they expand the park, they will need to 2 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes divert all of the water that comes from mauka to the area that affects the salt making and the park. The salt making area is the catch basin for all rain water as it is located in the lowest area. When the plantations were there, they diverted the water to another section. With the mauka corn fields, the water is coming down to the salt ponds, and they don' t know how contaminated the water is with all of the chemicals they are using. This is the only place in the State of Hawaii that makes Hawaiian salt on land. They need to consider all of these aspects before considering expansion. He noted that Poipu Beach Park is well used and there have been portable toilets there for almost a year. He did not want to see this happening at Salt Pond Beach Park. They need to maintain what they have now. He distributed a copy of a Bill that his daughter submitted to the Legislature on Oahu regarding pesticides. Commissioner Lydgate agreed that all of the parks are at risk. When there are floods at Lydgate Park the sewage plant overflows and they have to close the playground. He questioned if it is the responsibility of Parks & Recreation. Parks & Recreation Director Lenny Rapozo spoke at the meeting last week, but there doesn 't seem to be an action plan that everyone is on the same page about. He questioned what Mr. Nobrega would suggest. Mr. Nobrega stated that before they have a master plan they need to look at the existing problems in all of the parks . He questioned who is supposed to clean up all of the debris. The Commission handles the land part, but before they go out to do things, they need to look at the existing matters first. If it affects the salt making area, he disagrees with any expansion. Commissioner Blake questioned the carrying capacity at Salt Pond. Mr. Nobrega stated that due to drowning, he is hearing that visitors are being sent to Salt Pond because it is a safer place to swim. He noted that the rest rooms can only handle so much. Commissioner Blake questioned if there is enough beach if the park is expanded. Mr. Nobrega replied no. He noted that Poipu Beach is also crowded. It is good for the economy, but he questioned how they would expand or not expand and how they would put a limit to the beaches . There is only so much room on a bus, but he questioned how they would control capacity at the beach. Commissioner Hayashi thanked Mr. Nobrega for his testimony. The Commission felt they had an opportunity to acquire the property, but she would prefer to see it preserved as open space. Mr. Nobrega stated that it would be better kept as open space rather than an expansion of the park. Commissioner Hayashi stated that she was told by a foreman that whenever water was sent down it would all disappear. She is assuming that it is going underground to that area. She felt that if the area is preserved as open space it could better the area. 3 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Mr. Nobrega noted that when it rains, the road is like a river. It is not just the pipes breaking down, but rain affects them too . Commissioner Hayashi recommended changing the wording to acquisition of open space rather than expansion of the beach park. Chair Childs noted that it was the number one priority because the Commission felt it needed to be preserved. He would also like to acquire the land around Salt Pond as a buffer; remove the agriculture and the corn and just have the land as unimproved open land so they don't have to worry about contaminants or flooding. It would still be park land, but they would like it to be a buffer. Commissioner Gegen stated that he would like to see the road further away from the salt pans and be able to put up berms. He felt it is important to look into acquiring the property because they don 't want someone else to get it, but the Commission won't know what the County will do with it in the future, once acquired. Chair Childs suggested that they put a clause on it. Commissioner Gegen stated that the current Administration expressed to him that they are concerned and would like to see what can be done as a buffer for the salt pans and ensure that other things are not impacting the operations . He agreed that the lack of maintenance is not acceptable and the last thing they would want to do is add more space that is not taken care of. Mr. Nobrega noted that the coconuts on the trees are not safe either and they can 't just wait every six months to trim the trees. They need to be trimmed when there are coconuts. Chair Childs noted that there are provisions in the master plan, but there isn't anything actually planned for Salt Pond for the next 20 years. Mr. Nobrega stated that the County was talking about a park on the Port Allen side, but the community was opposed. Now Councilmembers are trying to bring it back. He noted that there are heiau in that area. Chair Childs clarified that the Commission' s intent for Salt Pond would be preservation and not expansion. He stated that they have a very limited scope as to what they can do about the maintenance issues . Mr. Nobrega stated that it is good to see a fully seated Commission. He noted that when he attended in the past, there were only a few Commissioners. Commissioner Blake questioned whether the Trust for Public Lands can look into acquiring this area. They were looking for lands on the South and West side. If they purchased the land, they wouldn' t have to worry about anything being built. He questioned if the Commission could do a Resolution. 4 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Chair Childs noted that it is State land leased to private agriculture and it would be trickier than a fee simple purchase. Perhaps the Trust for Public Lands can help acquire it. It is still his number one priority to preserve the salt pans. Commissioner Lydgate stated that he was one of the Commissioners pushing for expansion of the park and he withdraws his push for expansion . He agreed with the issues that were raised. The County needs to deal with the problems and consider open space as a buffer. On the motion by Theodore Blake and seconded by Dorothea Hayashi for the Commission to draft a Resolution to the Trust for Public Lands to look into the purchase of the surrounding areas of Salt Pond to keep it open, the motion carried by unanimous roll call vote. Chair Childs stated that they will draft a Resolution at the next meeting under New Business. Commissioner Evslin questioned the location of the corn fields above Salt Pond Beach Park. Mr. Nobrega stated that they just crossed the highway. They are not getting close to the salt pans yet, but it is above the area. Commissioner Evslin stated that he is concerned with the run off and the long term effects. He did not think that leaving the land as is would be a good idea. He would think there should be a goal for renewal of the land. He noted the amount of water one tree can take up. Commissioner Gegen agreed that it would help the runoff tremendously rather than just flat land. Chair Childs stated that they should focus on one thing at a time. Commissioner Gegen stated that it would be important to identify their goal in acquiring the land; as a buffer zone, hoping it will return to natural habitat. He thanked Mr. Nobrega for expressing his concerns. He applauded them for their introduction of Bill 673 asking for a registry. Ms. Sadora stated that the recommendation for this site was always to establish a buffer to protect the salt pans . The word "expansion" may have made it seem like it was more for park purposes. Commissioner Gegen questioned why the recommendation stated expansion and buffer and why they questioned the Director of Parks & Recreation about the expansion plans. 5 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Ms. Sadora stated that the recommendation for expansion was for repositioning as far as moving campers away from the salt pans . It may have not been the most appropriate wording. Commissioner Lydgate questioned if they should de-emphasize the expansion. Commissioner Gegen noted that if the idea was to move the camping away from the pans, it would be an expansion of the park. Ms. Sadora noted that the main reason for the recommendation was that the land became available, and the Commission wanted to acquire it before it went into the hands of development. The Commission may want to re-evaluate how the recommendation goes forward should they continue to support it. The Commission received testimony from Tim Kallai . Mr. Kallai stated that everyone throughout Hawaii knows of the salt pans and how important it is for the culture and the significance. He applauded the Commissioners for trying to preserve and create an essence of a buffer and to seek out the information concerning the planting of certain crops that are taking place. It has greater ramifications on a higher level for everybody who may not be speaking at this point in time. RECEIPT OF ITEMS FOR THE RECORD Chair Childs noted that the Commission was in receipt of written testimony and information on HB 673 from Mr. Nobrega. On the motion by Patrick Gegen and seconded by John Lydgate to receive the items for the record, the motion carried by unanimous voice vote. 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 stated that Deputy County Attorney Jung was at the same deposition he attended during the last meeting but wanted to report that negotiations with the land owner are still ongoing and they are still awaiting their appraisal . If the appraisals continue to take long, they will consider moving forward with a condemnation resolution. Commissioner Blake questioned the amount of money the County has spent so far. Ms. Sadora noted that the cost of the appraisal was $5 ,000. 6 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Commissioner Blake stated that he drives by the area 3 -4 times a week and has been gathering limn there for 40 years. There is no parking. Most people who utilize that beach throw net and they walk down the coast from Kukuiula or Spouting Horn . There is an access of record next to Kalaikiki. There is one on the West side and one on the tax books two properties down. Most of the boogie boarders trespass through the property to Kalaikiki Point. The other access goes right to the beach. He questioned if it would be possible to consider the access two houses down . When the owner purchased the property he was made aware that it was a designated public access . Chair Childs noted that former Commissioner Kinnaman felt that access along the coast was limited. If there is another access that can be acquired that' s fine, but he felt that they should continue to pursue the access through the former Hoban property. Commissioner Blake noted that they have already spent $5 ,000 and will probably spend $ 80,000 more for an access that will probably seldom be used, versus one that would be used whenever there are good waves . Chair Childs stated that they can request Deputy County Attorney Jung to look into it. Commissioner Blake noted that his understanding was that the County had an easement for overflow water that everyone thought was an access that wasn 't. He felt that if they need to spend money, they should get the most for it that would benefit the public more. Chair Childs stated that the Commission has already invested time and money into that access. Commissioner Evslin asked for clarification that the access was recommended by the Koloa Community Association. Ms. Sadora noted that it was part of a condition through Kukuiula Development. When the initial work was done, there was never any follow through and the time frame for the money to be used lapsed. The condition stated that if it wasn't used in that allotment of time, the money would go into Poipu Beach improvements. Commissioner Blake stated that someone in the community wanted access to Kukuiula for throw net fishing. He noted that it is a very narrow road and parking would have to be at Kukuiula or Spouting Horn. Most people just walk the shoreline. There are already two accesses in area; one at Boyden' s and the other at Kalaikiki. The Koloa Community Association would now recommend going for the access that kids use because they are currently trespassing and upsetting the neighbors . It would be better to have a designated access. Ms. Sadora noted that the recommendation was based on previous Commissioners . It has gone to a dossier process and an acquisition plan that was approved by Council . They want to be able to stand by their position. If not, they would need another acquisition plan because they 7 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes have already spent money to have an appraisal for something that the Commission at that time wanted to pursue. Commissioner Blake stated that he would think that the Council would recognize that it may not be the best purpose. Ms. Sadora stated that the Commission needs to have information that supports their recommendations . Commissioner Blake stated that he understands, but felt that if there is better use of the funds, they should consider it. Commissioner Gegen agreed that at some point the Commission will need to decide whether or not to pursue the access . If they determine that it will cost $300,000, they won 't. He clarified that Commissioner Blake was not suggesting that they don't continue down the path they are going, but they now have other opportunities. Ms. Sadora suggested that if they are going to change course, they need to have the support behind it, not just say that they are not going to pursue one because they have something else. Commissioner Gegen stated that it behooves him to question whether due diligence was done on the Hoban easement. He is hearing there are two other options being used. Ms. Sadora stated that at the time, the Commission felt that it was a traditional access; not by record, but traditionally used to access the beach. Chair Childs stated that there is nothing wrong with presenting a strong case for another access. If there is a better way to go, he is open to it, but there are already a lot of hours invested into this access . Ms. Sadora clarified that she was not suggesting that they should continue no matter what, but money was spent so they should continue look at it. If Deputy County Attorney Jung says they have to consider condemnation, then that may be the obstacle. They are setting precedence as to how information goes forward, not only using the annual report, but how they communicate should things come up that the body can act quickly on. When there is Council involvement, and then they change course, they need to be prepared to answer for it. Commissioner Evslin noted that when he was first appointed to the Commission the concept of spending that much money for a small strip of land wasn 't that appealing to him. In watching how slow the process is, anything the Commissioners decides during their terms, probably won 't be acted upon until they are outside of the Commission. He wants to respect the decisions that were made in the past. He felt they should be flexible if things change, but he still felt they should go forward with this access. He did not want to set a precedence that they 8 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes haven 't done much. There is a viable strip of sand there and he used to spend afternoons on the South shore . Commissioner Gegen stated that the precedence they want to set is that they want to do things that are worthwhile. If they spend $ 100,000 and three people use it all year, there is a concern. Chair Childs suggested that Commissioner Blake make a case for the alternate accesses . He would like to make the smartest choices. The Commission received testimony from Tim Kallai . Mr. Kallai stated that he appreciated all of the manao being put forward. He agreed with that when they look at past Commissioners that put this into motion, and when it has been held up for this long, he supports honoring those who have spent their diligence and duties. He also supported Commissioner Blake ' s interest in accesses that are used more frequently in the same vicinity. The more accesses they can solidify now, the better off they will be in the future. He agreed with all of the Commissioners, but at the same time would like to honor Commissioner Kinnaman and those who spurned her to pursue this access, regardless of the cost. There has to be an underlying reason that is greater than any cost they can put on it. 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 stated that they need to start thinking of ways to develop the list and input process. Commissioner Gegen suggested having the list displayed on the board to discuss. There was value in trying to prioritize what they felt was most important. It seems they jump around a lot and they are not getting very far on anything. He was not sure if it made more sense to have more discussion on Salt Pond or the potential accesses mentioned by Commissioner Blake. Chair Childs agreed that he would like a large version of the spreadsheet displayed. Commissioner Gegen asked about how the past recommendations were prioritized and the criteria, the number of people it affects, and whether they are historical. They need to be able to clearly articulate why they are pursuing the recommendations . He has brought up that discussion in the past and questioned how many people will utilize the Hoban access . He respects that others saw it as an important access, but the question is at what expense. He was looking for criteria they can agree upon for their priorities. 9 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Chair Childs stated that Salt Pond was recommended because of what would be lost from the runoff to the pans if a subdivision was built around it. Commissioner Gegen stated that he was not disagreeing with the recommendation, but they have spent more resources on the Hoban access than they have spent time focusing on Salt Pond. He questioned if they should start building their dossier for Salt Pond. He questioned if they want the entire parcel, just a buffer, or a roadway to be rebuilt. Chair Childs noted that he has been asking Deputy County Attorney Jung to get ahold of the State and find out how they can acquire a piece of that land. It is currently being leased which creates a problem. Commissioner Gegen noted that it is not any more of a problem than trying to take 576 feet of property from someone on the ocean. He questioned the direction that was given and what the Commission is asking. He can 't see prioritizing the list and having Salt Pond just sit there. Commissioner Lydgate stated that the life of the Commission is in the discussion. The discussions have been very instructive. He is a relatively new member to the Open Space Commission but has been on the Historic Preservation Review Commission for many years . It is changing and is a continuous assessment. He is withdrawing his push for expansion of Salt Pond because he did not have a clear grasp of the issues earlier. Mr. Nobrega has instructed him that they don 't need expansion, but they need to understand what is going on . Discussions change the whole assessment. It is continuous, and he values the back and forth discussion process and many other issues. Chair Childs clarified that Commissioner Gegen is requesting a list of all the properties. Commissioner Gegen stated that he asked for every property that was identified by the Commission to be placed on the spreadsheet with the idea that they can look at them and analyze them to determine the criteria. He wants the discussion because they have 30 properties that have been identified. Now they are creating a dossier and working through a process to request the funds. He questioned which property is next and how they make that decision. Commissioner Evslm stated that they all feel like they go in circles a lot. He felt that they should focus on the spreadsheet and how they want it to be. Discussion on Salt Pond will come after they figure out the format for the spreadsheet and they can go property by property. Chair Childs stated that he would like to narrow down the list, instead of having a broad list of properties. He would rather have weight behind the big properties . He felt they should identify the properties they want to put their time and effort into. Commissioner Gegen noted that he wanted to go over the spreadsheet so they could prioritize. They continue to list the same properties year after year. He felt they should do due 10 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes diligence. He questioned how they decide which ones not to put on that have been identified by the Commission without disrespecting the work of the previous Commissioners. Chair Childs stated that they have gone on field trips and have gone out into the community. He requested that Commissioners come up with their own recommendations on what they feel they should pursue. They need to start large and narrow it down by the end of the year. Commissioner Blake questioned if they are prioritized on the spreadsheet. He noted that the South Shore has 10 of the 25 identified sites. He noted there are other districts around Kauai. Chair Childs noted that they are not prioritized. Commissioner Gegen stated that they will have to come to a consensus on the properties they recommend and the criteria they are using. Chair Childs stated that the Commission has tried many ways in seven years. He requested that Commissioners come to the next meeting with six properties . If they can make a case for a property he would like to hear it. Commissioner Figaroa joined the meeting at 2 :25 p.m. Commissioner Blake questioned if they should list their priorities and select one from their district. Chair Childs stated that district lines shouldn 't matter. Commissioner Gegen stated that he thinks Commissioner Blake is trying to ensure that there is equity. He felt they should develop a process . Commissioner Blake stated that he has five suggestions from Koloa and would like to suggest one for Salt Pond. Commissioner Evslin clarified that they will come to the meeting with six suggestions each, put them through the criteria, and vote on them. Chair Childs stated that his greatest criteria would be land as it relates to preservation. If they can acquire land that is also historically valuable it would be better. Commissioner Gegen noted that the bottom of the spreadsheet lists criteria that include historical uses, current status, community concerns, cultural impact, and cultural value. They need to identify the importance of each recommendation. Commissioner Evslin noted that the Commission agreed to do away with the weighted scores. Theoretically, historical and cultural preservation, habitat preservation, land and resource 11 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes preservation would play a part at Salt Pond. Maybe Papaa Bay is a beautiful beach, but not necessarily for habitat protection. Commissioner Gegen stated that they need to be able to clearly articulate their recommendations before Council. Chair Childs stated that ideally, they should be checking off boxes. Access should not be just because it is an access. Commissioner Gegen agreed that if it is an access, they need to consider the number of people that would use it; there is more value in providing a legal way for people to access the beach than cutting across people ' s property. Historical access is another reason. Commissioner Evslin stated that the spreadsheet is valuable because they would go through every point on every property. He agreed that the conversations are valuable . Commissioner Gegen stated that an example would be Larsen' s Beach. There is the cattle road that everyone uses today and the lookout. There is an access that has historical importance. It is more important to him to go after the historical access than to maintain the cattle road. They need to have the conversation and the only way to do that is to have the chart up. He would have never known that the pile of rocks had historical significance. If asked by Council why they are pursing it, he wants to be able to clearly articulate the reason. Chair Childs encouraged Commissioners to add other criteria categories that they think of. They should be as flexible as possible. He would hope that they don ' t just chose six places from their own districts. Commissioner Gegen stated that he is not familiar with a lot of the sites . It would make sense to go through each property because it would be more educational . He is unable to choose his six because he needs to hear from the Commissioners that know about them. Chair Childs stated that they are not prioritizing six recommendations . He is requesting that Commissioners come back with six that are important to them and they will discuss them. Commissioner Gegen stated that he would prefer to understand all of the properties before he makes his decision. Chair Childs stated that they don 't know all of the historical information. He suggested that Commissioners do the best they can and they will discuss it. He also requested suggestions for any new criteria. They will discuss all of the sites and also begin the public input process and gather more feedback. It may be helpful to present the properties they have narrowed down to the public and ask which they would like to support the most. The public may want to be guided rather than receiving a list of 140 properties . 12 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Commissioner Evslin noted that Ms. Luck mentioned purchasing conservation easements. He questioned if conservation easements are within the scope of the Commission. Commissioner Figaroa stated that rather than having to purchase the property, they can make agreements with the land owners for a specific easement that wouldn 't require funds. Commissioner Evslin clarified that there is the potential for properties they don 't have to purchase. Commissioner Figaroa noted that Ms . Luck also mentioned the availability of other funding sources that provide matching funds. Ms. Sadora noted that conservation easements would be something that the Commission could support. Commissioner Evslin noted that it changes the scope of the discussion if only purchasing a conservation easement. Chair Childs stated it would be a good candidate for the dossier process, but could still be included in their suggestions. Commissioner Figaroa stated that it is good to go through each property, but his experience is that no matter what their prioritization process is and what recommendations they put forth, Council members will always question them. They need to be able to answer the questions. In the end, staff would be unable to work on all 20 properties at once. If they can answer the questions, that would satisfy Council and will provide a foundation on what to pursue. Commissioner Lydgate stated that they discussed the Wailua Watershed, the Wailua River, and how they affect Coco Palms. He questioned if that is within their scope and the criteria. Ms. Sadora stated that the Commission has tried to keep acquisitions within reach of the funds. Then Council advised the Commission not to limit themselves to the funds availability because there are several sources of funds that can be utilized. The new scope allows them to advocate for how the acquisitions can happen. The mandate speaks to providing recommendations based on public input. Commissioner Figaroa stated that he is glad that they will review each property. He noted that certain sites will not be a priority because they already have community organizations that are pursuing them. The Commission is supporting them, but will be moving forward on other things . 13 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Discussion on updating the Space Commission' s webpage . Ms. Sadora stated that the Planning Department is still revamping their webpage. She will have a template by the next meeting for the Commission to discuss . Discussion on acquisition of land to expand Salt Pond Beach Park Chair Childs clarified that their intention is to create a buffer and that they should change the word "expand". Commissioner Evslin noted that a conservation easement would seem relevant for this site. Chair Childs stated they will be working on a Resolution to contact the Land Trust. Commissioner Gegen felt that the road should not be as close to the salt pans . It would be nice to have the roadway away because it is creating runoff and potential oil slicks. He questioned if the Land Trust would allow them to put a road on the property. He felt that before they request the Land Trust to go after the property, they need to be sure they can create a better buffer. They need legal assistance. Commissioner Hayashi stated that she thought they were going to recommend acquisition of open space. Commissioner Gegen stated that if the Commission is going to do a Resolution for the Land Trust to acquire the property, they would lose control of it. They may not have the ability to move the road inland. Commissioner Hayashi noted that only Commissioner Gegen was suggesting moving the road. Commissioner Gegen stated that when they talk about a buffer for the salt pans, he would think that a grassy area leading up to the salt pans would help wash and absorb any contaminants coming down. He felt the cars driving by may potentially cause oil slicks. Commissioner Evslin noted that asphalt is also carcinogenic. Commissioner Gegen stated that he envisions 50 to 100 feet back as a true buffer zone. He questioned if they would be able to move the road onto Land Trust property. Commissioner Hayashi stated that Commissioner Gegen is very passionate, but she is learning that they need to relax. 14 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Chair Childs noted that acquiring the land and changing the road are different discussions. Changing the road involve the Department of Transportation. He noted that everything they do is run by someone else. They can only make recommendations . Commissioner Gegen noted that if they recommend that the Land Trust acquire the land and they don't allow any improvements upon it, then they have status quo. Commissioner Blake stated that it can all be discussed when they work on the Resolution. Chair Childs agreed that it all goes into the wording of the Resolution. Commissioner Evslin clarified that they would not need the land trust for a conservation easement. They can always purchase a conservation easement. Commissioner Gegen stated that they need to have a discussion about it and see what makes the most sense. Commissioner Figaroa stated that the best case scenario would be that they could be granted a conservation easement. Chair Childs stated that they could call in Deputy County Attorney Higuchi Sayegusa or they can wait for Deputy County Attorney Jung. Commissioner Evslin stated that the first thing that should be explored is if they will grant a conservation easement. Commissioner Figaroa stated that it all comes down to what is the master plan, but the County doesn 't really have a master plan for this area. Chair Childs noted that the Planning Department will make a presentation at the next meeting regarding conditions and dedications. He still thinks they should draft a Resolution for the Land Trust. If they wrap things up one at a time, they will be more efficient. The Commission received testimony from Hope Kallai. Ms. Kallai stated that she visited the Land Trust' s conservation easement in Waiakalua. It is a lease granted in perpetuity for free that is managed with cultural respect. She did not know about the road and if it precludes the Salt Pond situation, but conservation easements open up funding opportunities from Federal matching funding from NRCS . If it is a conservation easement dedicated; if the land is shoreline, wetland, dry land habitat, restoration, erosion control, and the maintenance of the trail, it can have support provided through the Federal Government. They have nothing to do with development because most conservation easements are in the conservation district. There are field trips at Waiakalua four times a year and they are open to the public. They are midweek, during the day, and it is a gentle hike. She recommended that Commissioners take the hike . 15 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes The Commission received testimony from Richard Spacer. Mr. Spacer stated that the Federal Transit Administration gave $275,000 to the Big Island for the use of their alaloa coastal trail that links all of their historic settlements . For this current budget cycle, that fund won 't exist, but it doesn't mean they won 't come up with something else. He suggested getting in touch with Congresswoman Gabbard to ask what is available this year. There is money available. Commissioner Gegen left the meeting at 2 : 53 p.m. Discussion on 2013 public input process for developing the biennial list of priority projects to be reported to the Kauai County Council and the Mayor. Chair Childs stated that once they narrow their properties down to a reasonable number, they should give the public a short list of the properties and ask them why they would like to support them instead of having them pick properties all around the island. It will probably be the first time they have done it this way. Commissioner Blake clarified that the Commission will come up with a list of about 10 sites. Chair Childs stated that they will come up with a number they feel comfortable with through a joint effort with the public . Ms. Sadora stated that the Commission requested a display board at the last meeting. She distributed two samples to choose from; a table top sample and a trade show sample. Commissioner Hayashi stated that she got permission from Friends of the Hanapepe Library to set up a display during the Spring Festival on April 6 . They suggested having the display outside on the lawn area because it would be more exposure. She requested having a banner and a canopy. She noted that it is from Friday half a day and Saturday all day. She will have to confirm the times . The church will have food booths and flower exhibits and the library will have hands on crafts for families. Ms. Sadora noted that the display boards will have to be ordered but staff can make something available in the meantime. Chair Childs noted that that they can have two groups of Commissioners; a morning shift and an afternoon shift. He noted that he could do the afternoon. Commissioner Blake stated that he can work the morning. Commissioner Hayashi stated that she will be there all day anyway. 16 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Chair Childs stated that he can work the afternoon. On the question by Joseph Figaroa to approve the 3 panel table top display board, one Commissioner (Luke Evslin) was in favor by show of hands vote. On the question by Joseph Figaroa to approve the 8 ' expandable panel, six were in favor by show of hands vote. Ms. Sadora noted that the color choices for the 8 ' panel would be grey, black, or royal blue. She suggested that grey is more neutral . Commissioner Evslin stated that he read an article that there is happiness in the color blue. Commissioner Figaroa agreed that the blue would attract more people . Ms. Sadora noted that the photo on the front page of their reports have become known as the Commission ' s logo. She will look into the designs for business cards . Commissioner Figaroa stated that when they make contacts they will be able to distribute their cards and people can email. Ms. Sadora noted that the Commission was invited to the Anahola Town Celebration on May 3 -5 . There would be a covered area available. The Commission received testimony from Sherri Cummings Yokotake. Ms. Cummings Yokotake from Hokulele Canoe Club stated that there will be a wide array of information from Department of Health to the Fire Department. She questioned if they would have permission to include the Open Space Commission on their promotional flyers. NEW BUSINESS Discussion on island-wide list of accesses and cataloging access conditions. Ms. Sadora noted that if the Commission is looking at cataloging as part of the subdivision conditions, they should probably hear the Planning Department' s presentation first. Commissioner Figaroa felt that cataloging the accesses are important because it will bring to the surface what is really there. 17 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Ms. Sadora noted that the list that was shared with the Commission from Caren Diamond was from the County contracting a business to identify existing accesses in the past. That is the list that they will use to expand on. COMMISSION EDUCATION Status update regarding upcoming public access workshop. Presentation by Planning Department regarding conditions, dedications, and entitlements through Subdivision and Special Management Area processes . Chair Childs deferred this agenda item to the next meeting until Deputy County Attorney Jung is present. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Commissioner Blake stated that he mentioned the proper Hawaiian names for all of the recommendations . He stated that he obtained a list of all of the accesses around the island. He needs access to the County' s program for Real Property Tax Maps. All of the old names are on the maps. Commissioner Dela Cruz noted that their list of accesses include TMK numbers. Commissioner Blake stated that Anim lists Stallone, Anini, Rebecca Venture 1 , 2. He did not know the location of the accesses . He would prefer to research from his computer than go down to a Realtor' s office. Chair Childs asked if he was requesting MLS access. Commissioner Blake noted that he wanted access to the TMKs that include the ahupuaa, kuleana, and are much more informative . Commissioner Figaroa stated that the DLNR website shows the property lines and historical names and they work with the taxation office. Chair Childs noted that the Commission will work on the Resolution at the next meeting. They will also discuss the Coco Palms draft Resolution from Council. Ms. Sadora noted that the draft Resolution from Council is asking for initial funding where the Land Trust is doing all of the legwork for community involvement. She felt the Commission should be aware of the activity since it has been on their past recommendations . 18 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes Chair Childs noted that it was distributed as an FYI and will be on the agenda for discussion at the next meeting. Ms. Kallai noted that she had the TMK information on stick drive that she could share with Commissioner Blake. Chair Childs noted that Commissioner Blake will bring forward information from the Koloa Community Association regarding alternate accesses at Kukuiula Bay. The unfinished business items will all continue on the next agenda. The Commission agreed to amend the Salt Pond agenda item to "acquisition of buffer land" instead of expansion with the draft Resolution as a subheading. They can also discuss with the Deputy County Attorney the validity of looking into a conservation easement for that area. Commissioner Figaroa questioned the presentation from the Director of Parks & Recreation. Chair Childs noted that he presented at the last meeting but they had no plans for Salt Pond. Commissioner Lydgate stated that they didn 't have a master plan. They have projects, but no plans . Chair Childs noted that there are provisions in case anything comes up, but there are no specific plans . The Commission received testimony from Hope Kallai. Ms. Kallai submitted a written letter with supporting documents. She would like to keep the Commission abreast of the progress on the Koolau District Coastal Corridor Heritage Trail proposal. They have met individually with all of the Council members, the Mayor, and Representative Tokioka. Unanimously, all are in support of the concept of the creation of a 10 mile long lateral coastal foot path that transverses through the 10 ahupuaa from Aliomanu linking over a dozen County mauka/makai beach accesses with lateral safe access. She enclosed a PowerPoint presentation on the coastal corridor concept they presented. Testimony was received on January 22, 2013 by the Planning Commission concerning an action in the Moloaa Hui lands requesting the inclusion and consideration of the County easement because they could not find it. The Property Owners Association' s President, Paul Huber and a contiguous property owner were present. The property owner admitted that a new neighbor piled rubbish along the County beach access easement and offered to remove it with his tractor. Mr. Huber agreed that it was a subdivision criterion for development and that it was blocked. Commissioner Texeira questioned the blockage, but Planning Department staff stated that the access was open and awarded the Hui lands the requested action. Two days later they visited the site with Council members Rapozo and Kagawa and representatives of the Moloaa Hui lands . The easement had dirt logs and rubbish along the entire link of the property blocking public access and was 19 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes definitely not open . Paul Huber, and Frank Cummings who originally constructed the trail , promised they would see the blockage was cleared and they began clearing work a few days later. It greatly concerns her that the Planning Department would testify that the easement was opened when it was blocked for years . It also concerns her that it was not included on the Open Space Commission ' s field trips for the past two field trips . Reopening the Kauapea easement has been a priority of the Kilauea residents for the past decade whether or not it is included on the Open Space Commission ' s list. The Mayor has promised that they would get this access back. It concerns her that the Commission refused to visit the blocked easement. She questioned the actions the Commission could take to support the continuing requests of the community for the Kauapea beach County easement formerly known as Garfinkel ' s to be opened and when they would return to deal with the problems as was promised; the opala list. She requested that the Commission prioritize making community accesses accessible that have been blocked especially within the past decade. She submitted letters she wrote to the Planning Department regarding the blocked easement and a letter from Council member Rapozo to Chairperson Aila about Aliomanu and Papaa. She noted that there is a lot of interest in the 10 foot wide lateral coastal trail from Aliomanu to Wanim that does not include, preclude or disclude the alaloa. It is lateral, safe, coastal transit. Chair Childs noted that they will receive the items for the record and can include it on the next agenda for further discussion. On the motion by Theodore Blake and seconded by Joseph Figaroa to adjourn the meeting the motion carried by unanimous voice vote. ADJOURNMENT Chair Childs adjourned the meeting at 3 :40 p.m. Respectfully submitted by: aoem�� i Duke Nakamatsu, Support Clerk 20 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-3- 14 Minutes