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HomeMy WebLinkAbout2013-6-27 Open Space Commission Minutes PUBLIC ACCESS , OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES June 27, 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 Linda Dela Cruz Luke Evslin Patrick Gegen John Lydgate Maurice Nakahara Absent and excused: Nathaniel Childs, Chairperson Theodore Blake Joseph Figaroa The following staff members were present: Duke Nakamatsu and Deputy County Attorney Ian Jung. The following staff members were excused: Nam Sadora. CALL TO ORDER Vice Chair Figaroa called the meeting to order at 1 : 13 p .m. APPROVAL OF AGENDA Vice Chair Figaroa noted they will take up the New Business items first. APPROVAL OF MINUTES — Minutes of 6/13/13 On the motion by John Lydgate and seconded by Linda Dela Cruz to approve the minutes of the meeting of 6/13/13, the motion carried by unanimous voice vote. 1 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes ANNOUNCEMENTS Commissioner Nakahara congratulated Deputy County Attorney Jung as one of the County' s employees of the year. Vice Chair Figaroa noted that he will need to leave at 2 : 00 p.m. Commissioner Gegen noted he will not be at the July 11 meeting. Commissioner Dela Cruz noted that she will not be available for the entire month of July. Commissioner Evslin noted that he needs to leave the meeting by 4 : 00 p.m. The Commission received testimony from Tim Kallai . Mr. Kallai noted the press release regarding the Princeville meeting was misprinted as June 24 . He suggested the Commission reissue the press release or advertise the corrected date of July 24 . Vice Chair Figaroa stated they noted the error and will re-issue a press release. Mr. Kallai stated they understand that Princeville is vital for the North Shore, but since some of the more crucial and critical aspects of easements are in the Kilauea area, he suggested a community meeting specifically for Kilauea. Vice Chair Figaroa stated they can place it on the next agenda for discussion. RECEIPT OF ITEMS FOR THE RECORD Vice Chair Figaroa noted that he forwarded a public testimony to staff yesterday. NEW BUSINESS Executive Session. This executive session was held pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5 (a)(4), the purpose of this executive session is to consult with the County' s legal counsel on questions relating to public access issues regarding 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. This consultation involves consideration of the Commission' s powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. Deputy County Attorney Jung read the purpose of the executive session into the record. 2 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes On the motion by Patrick Gegen and seconded by Linda Dela Cruz to move into executive session, the motion carried by the following roll call vote: Ayes : 6, Nos : 0 The Commission reconvened the regular meeting at 1 : 55 p.m. On the motion by Linda Dela Cruz and seconded by Patrick Gegen to elect Maurice Nakahara as Chair Pro Tem, 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 properth Chair pro tem Nakahara stated this item was discussed in executive session. There was no public testimony. 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) Commissioner Lydgate stated he would like to defer this agenda item. Chair pro tem Nakahara suggested deferring the item but keeping it on the agenda should the Commission decide to change their priorities for the next fiscal year. Discussion on updatin the he Open Space Commission ' s webpage. Deputy County Attorney Jung stated that Ms . Sadora will present the new web page for the Commission' s review on July 11 for further editing. Discussion on 2013 public input process for developing the biennial list of priority projects to be reported to the Kauai County Council and the Maw Commissioner Gegen questioned the meeting in Kapaa. Commissioner Evslin noted there were probably 8 people total. He felt it was pretty successful. It was his first community meeting. Ms . Sadora gave a good presentation. 3 V:\2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Chair pro tem Nakahara stated they will keep this item on the agenda. He will attend the next community meeting on July 24 on the north shore with Commissioner Figaroa. Discussion on island-wide list of accesses and cataloging access conditions. Deputy County Attorney Jung noted this is going to be a big task. They need to strategize how to go forward. It would be a year-long project that would take a descent amount of legal research of entitlements . They will try to formulate a plan and present the plan at the August 8 meeting. Chair pro tem Nakahara questioned if any of the previous consultants were contacted. Deputy County Attorney Jung stated a consultant was contracted in 1996 and they will hopefully re-establish contact to try to retrieve the work product. The 1996 study included everything, and not necessary only recorded easements or fee acquisitions . It was a scoring system. They will have to filter through it and figure out a new approach. Chair pro tem Nakahara stated if we have an official public access guide, it can be compared against the published guides that may not be official legal accesses. Deputy County Attorney Jung stated there is a non-profit group on Oahu in the Hawaii Kai to Kahala area that has a process on how they identify, locate and try to put up signs. In conjunction with that, he is working with an attorney from Maui to try to allow the County an exclusion from liability. It has been tried for the last 20 years. Under the Hawaii Recreational Use Statute the Counties are not covered. He is looking into liability if they do identify all of the accesses. Hopefully it will on the next Legislative session. The Commission received testimony from Richard Spacer, Mr. Spacer requested a copy of the list of accesses even though it is old and in the process of being revised. He questioned the process of recordation when the State or County gets an easement or fee simple access, whether it is the responsibility of the land owner who has just sold or granted the easement or the County or State as the new owner of record. He heard some discussion that the fee simple 1979 trail wasn't recorded until many years later. Deputy County Attorney Jung stated when access is acquired by a land use exaction through an entitlement process like a subdivision or SMA, the applicant ' s counsel works with the County to generate the grant of easement document. Ultimately the Council approves grants of easements. It is a three part process working with the land owner, the County Attorney' s office, and then the Council may also have modifications . He did not know why it sometimes gets deferred for years. The County received testimony from Hope Kallai . 4 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Ms. Kallai stated it seems the 1992 list is only beach accesses . She has not been able to find anything with mauka accesses . The Judge in the Papaa Bay lawsuit identified two mauka trails into the forest that were dedicated as a result of the 1932 Moloaa Hui Partition Action. DOFWA doesn't know about them. There was no access into the forest in the Moloaa forest management plan that was finalized in January. During the Open Space field trip, they were shown the Waiakalua access . That is the third access the State does not know about. They need the accesses opened and mapped. The community of Anahola does not have access into the forest reserve. There are giant brown patches in the Koolaus because nobody can access the area to shoot the goats. She does not know how to work with the State to identify the three forest reserve accesses . Lei makers have to hide and climb over fences and dodge cars to pick lei material. They need access to the forest opened somehow. Deputy County Attorney Jung stated there is a Na Ala Hele nomination process . Ms. Kallai stated it is not Na Ala Hele trails. They only had one meeting scheduled since last December and it was canceled. She asked for the management plan to not be accepted until they identified the trails, but it was accepted anyway. They have a new person nominated for BLNR, Shawn Smith, and she intends to meet with him. We need to focus on forest access too. Commissioner Lydgate questioned if the Historic Preservation Commission deals with any of those issues. Ms. Kallai stated she tried to make an appearance to them about the alaloa and they said it was too political. Commissioner Lydgate stated if it is not being addressed by them it should be addressed by the Open Space Commission. He questioned the nomination procedures. Deputy County Attorney Jung stated Na Ala Hele is the State ' s program for listing trails. If the State has jurisdiction, there is a nomination process for trails to the Na Ala Hele list which gets put on a priority trail maintenance schedule. Ms. Kallai stated that is how they got Moloaa. It is listed as a segment but not on their map as accessible. She is a little frustrated with the process. It is our trail and our forest. Keeping the kids out of the forest is wrong. She feels a need to get into the forest and have the roads identified. Commissioner Lydgate noted the Commission visited the motor bike trail proposal that was a mountain access . Deputy County Attorney Jung stated it was Piwai in upper Omao, but that was a recommendation for acquisition. Currently there is a hand shake deal between the association and the Knudsen Trust for the east portion and A&B for the west portion. The Commission was looking to purchase the portion from A&B . 5 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Commissioner Lydgate stated he is hearing State and County are not on the same page. He questioned how to address it and if the Commission is the right body or not. Deputy County Attorney Jung stated the concerns can be raised but if it is State, they would have jurisdiction over the trails. The Commission can certainly do resolutions to encourage the State to step up on certain angles . Ms. Kallai suggested that she could get some maps together and write a letter asking the Commission to write a letter to Na Ala Hele requesting that they look into the orphan roads and forgotten trails . Deputy County Attorney Jung stated Ms. Kallai can forward the communication to staff. Commissioner Evslin questioned if there are any County mauka accesses . Deputy County Attorney Jung stated he is sure there are some, but most of the accesses go to forest reserves that are under the jurisdiction of the State. He encouraged the Commission to look at the Na Ala Hele website that outlines all of the trails . The County has historically come in to entitlements for beach accesses because most of the developments occur on the makai portions of the road. There are not a lot of developments on the mauka. Commissioner Evslin questioned if there is no legal access through Anahola or if there is no way to get up there at all. Ms. Kallai stated there is no public access to the Moloaa forest reserve and the Kealia forest reserve, zero roads, and zero trails . Commissioner Evslin asked for clarification that anyone going up there is trespassing on private property and over a fence. Ms. Kallai stated in the forest reserve plan it says there is no access. She noted there are dirt bike scrambles in Anahola and there are sometimes hundreds of people. There is another mauka access that she believes was awarded the County as a result of the Pilaa contested case by mile marker 22 . She does not know if it was ever recorded. It was something that was given to the community and nobody remembers . She knows where the roads are on the 1932 maps . Mr. Spacer stated at one of the DLNR sessions last year in Kilauea and Lihue he spoke with Curt Cottrell who was the head of the Na Ala Hele Advisory Council . He made it clear that although the trail from Moloaa Beach to Kaakaaniu is public indisputably, they will not list it on their literature or website because the trail doesn ' t do anything. You park your car at Moloaa Beach, walk along the trail that was acquired, and dead end at a barbed wire fence at the border of Patricia Hanwright' s property. They will list it if you can continue through Kaakaaniu and intersect with the Lepeuli public right of way. He questioned when the easements or fee simple trails swap hands and are acquired by either the State or County, who has the job of going to the 6 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Bureau of Conveyances to record the document; if it would be the County attorney receiving the trail or the land owner who gave it up . Deputy County Attorney Jung stated that it depends, but most of the time it is Council Services. If it is Land Court, then a separate action needs to happen; there needs to be a filing at the Land Court. They would need to check with the District Attorney' s office on the State process . If the State is trying to assert a claim for the alaloa they would need to fight with the land owner to do some kind of quiet title action which would be a Court hearing versus just a filing. Mr. Spacer questioned who would record the quiet title decision. Deputy County Attorney Jung stated the Attorney General ' s office. Commissioner Lydgate noted that DAGS has all of the maps of the kingdom, territory, and State on record. Mr. Spacer stated the 1833 and 1878 maps are on file electronically with the State surveyor' s office. They are wonderful maps and were used to argue their case at Lepeuli . There are other ahupuaa that have the trails clearly marked. There are a few maps that are too fragile to copy, but there is a huge list on file on the website. Commissioner Lydgate thanked Mr. Spacer for his research and for bringing it to the Commission ' s attention. Chair pro tem Nakahara stated they will keep this agenda item until they get further information regarding an official time that it will be worked on. Discussion on acquisition of land for open space preservation to create a buffer at Salt Pond Beach Park. • Resolution to Hawaiian Islands Land Trust Commissioner Lydgate stated he would like to defer this agenda item. He noted an article in the newspaper. The Salt Pond people stated they want the pans left alone and not to have Parks & Rec get involved. He felt they need to back off from meddling with the pans. He felt that they need to deal with it rather than the Commission. Commissioner Evslin stated the issue was they don't want the park expanded, but the Commission was interested in just a buffer to keep it out of agriculture. He didn 't think that it conflicted. Commissioner Lydgate stated that he previously felt strongly that they needed to do something about the issue, but he is now backing off. 7 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Commissioner Gegen stated he saw the article and read something about formalizing the exterior around it so that people can look at it but not be inclined to go in. Commissioner Lydgate stated he was disappointed Parks & Recreation did not have a master plan. Commissioner Evslm noted it was a letter to the editor. Commissioner Lydgate stated he was not clear on the Resolution. Deputy County Attorney Jung stated the intent was because there was a lot of activity in the Salt Pond Beach Park area, they were going to ask the ADC to create a buffer to reduce the possibility of impact from dust and potential spraying. Discussions on current state of access at Kaakaaniu (aka Larsen ' s Beach) , The Commission received testimony from Hope Kallai. Ms. Kallai stated the public right of way that the public owns is not passable. The Boy Scouts want to clear and maintain the trail from the cultural lookout. It was built by Boy Scouts. She does not know why they are not being heard and why the trail is closed. They have access now only on a very steep easement. The $ 10 easement the County accepted made a red plume on the reef, it eroded last year. The new easement is now taking all the traffic to Larsen' s Beach because there is a fence the community believes is illegally blocking the alaloa; the coastal trail. The County can open their right of way, but they can't open the State alaloa. The County can request the State do something. They can also maintain their legal obligation to their right of way they purchased in 1979 when Waioli closed off School House Road. The County purchased Larsen ' s Beach Road and the right of way but is now failing to maintain it. She does not see how it is legal, pono, and right that the Boy Scouts can't maintain their trail. She distributed maps to the Commission. The red line indicates the $ 10 easement and the yellow line indicates the right of way. The County right of way is twice as long and half as steep . 7 or 8 people out of 10 cannot go on the steep County easement that is in use now. You cannot carry coolers or children. The right of way trail was designed for public ease to handicap Federal trails specs. They need to get the trail open. She asked for suggestions . Commissioner Gegen questioned if they can get a letter from the Boy Scouts indicating that they are willing to maintain the trail. He would support the Commission writing a letter to the Administration/Parks Department expressing concern that the access has not been maintained and urging them to work with the community group. Ms. Kallai stated the Boy Scouts came to the Kilauea Neighborhood Association a couple of years ago and made a formal presentation and request. The interest was there because it was their troop that made the trail and there is kuleana. She noted Charlie Cobb Adams looked at it 8 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes and said it can be done in 3 days using hand equipment. She wants it done before everyone forgets and the kids go off to college. Commissioner Gegen stated there are Council members who are concerned as well. Ms. Kallai noted when the Council accepted the $ 10 easement, Chair Furfaro stated it was not meant to preclude any of the existing easements, it was not in lieu of anything, and it should not close anything down. She questioned how they failed to maintain it. Commissioner Evslin stated that it seems like a jumble of rocks that are treacherous . Ms. Kallai stated the Mayor and the Council were shown the wrong place. Somehow they were given the impression there was a boulder fall. The trail from the bluff goes to the right toward Moloaa, not to the left to the giant boulders . It went down a series of small steps, but milo has grown over it. The rock pass is still there, you just have to limbo under some of the branches that can be cut. It was a well-designed trail. Ralph Daylor who was the district forester said it should be usable in perpetuity with minor amounts of maintenance. Somebody fenced off the trail and it is grown over. There has not been maintenance for probably 20 years. The pathways are still there. There are a bunch of volunteers willing to work on it besides the Boy Scouts. It was clear 2 years ago and the Open Space Commission went down the rocks. Commissioner Lydgate noted at Lydgate Park, the County does the basics, but to maintain it properly, there needs to be a community partnership to clean up the beach. The County doesn't want to maintain. It is expensive, it' s a pain, and it ' s not in their job description. We hemorrhage at maintenance. Ms. Kallai stated right now they are precluding the community. There are people who come from the East Coast and stay at Waipaa every year to do community service. Last year they hauled tons of beached net off Larsen' s Beach, but they had to come up the steep trail. The Commission received testimony from Tim Kallai. Mr. Kallai asked the Commission to request the State chime in on designating the public trail that enters across the ahupuaa of Kaakaaniu, on the southern portion, that they have already determined through Act 100095 through the Moloaa Partition. It runs where the borders of Moloaa and Kaakaaniu meet. The owners on Kaakaaniu side placed a fence so the trail inherently just has an aspect of stopping. The Commission can request that the State continues to designate through the ahupuaa of Kaakaaniu the way the trail goes. Certain attorneys for the land owner state the trail ends on the high part of the bluff, then takes a right hand turn down the precipitous pali to the rock zone where the surf meets the rocks and claim that is how the trail continued across to get past Kaakaaniu and into Lepeuli. By aspects of certain maps, you can see that the trail continued up the bluff portion and not down to the surf zone as claimed by attorneys for the land owner. It has already been designated up to a certain point. What happens beyond that point, the State' s answer is that they see no reason to take action at this particular time. The community is saying that there are major safety issues and somebody will eventually 9 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes get hurt. They have heard stories from Aunty Loke Pereira about a horse rider carrying limu that fell off the side. They would like to avoid this and, at the same time, they would like their through access across on the public trail. Until they ask or demand that the State designate it, it is not their intention to trespass or create a trail that is not the public trail. If the State can do that, it would help. As that continues, they can hopefully continue the process going into Lepeuli and eventually Waipake. In Waipake the State has determined the alaloa too . Between the two points is just the two ahupuaa that it is nebulous . If the State can do that, it would help considerably. Commissioner Lydgate stated the Kauai Historic Preservation Review Commission investigated it at great length. Because of the configuration of government roads, everyone is aware of it, but no one has been able to resolve it. He should have thought that the KHPRC would be a better avenue, but they need a liaison. He will mention it to Randy Wichman to see if they can get the State, County, and Commissions to work together. Mr. Kallai stated even the Na Ala Hele is aware of the Moloaa trail that ends at the point. Commissioner Lydgate asked for clarification the barbed wire fence was put in by a private land owner. Deputy County Attorney Jung stated it is a State issue relative to Patricia Hanwright' s property. Her representative testified before the Commission. Mr. Kallai would appreciate any help the Commission can spurn from the State to revisit and possibly take corrective action. He believes the information disseminated from the representative to him seems very illogical; that Hawaiians carrying hundreds of pounds of limu or fish would go down the dangerous surf zone hopping huge boulders to make their journey back to Moloaa Bay or Lepeuli and not up on an easily accessible road which on the bluff side has already been determined by the State. There seems to be conflicting logic . They would like to see it continue through as they know it probably did. The Na Ala Hele Advisory Council has looked at it, but they feel there are other issues that spurn them to do their priorities on other trails on the island. The Commission received testimony from Richard Spacer. Mr. Spacer stated going from south to north the State has the trail in Moloaa. The Na Ala Hele program has it, but they won't advertise it. Curt Cottrell sent Patricia Hanwright a letter in 2007 clearly stating the State owns the trail in Kaakaaniu. He advised her to protect her birds and privacy but it is a State trail. The strategy was to ignore the letter and nothing else happened. The State has claimed the trail in Kaakaaniu and Lepeuli in a 2000 memo from Doris Moana Roland. They advised there is a trail in fee simple. He has a 2012 letter from Bill Winhoft, Deputy Attorney General to the Na Ala Hele Trail Council on Kauai saying the State owns the trail in fee simple in Lepeuli. He has a 2008 Circuit Court Stipulation by Judge Valenciano that says there is an alaloa trail in Waipake. It is the same trail, it is owned in fee simple by the State, and the State is not doing anything about it. A resolution from the 10 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Commission would be very helpful to the Attorney General with a copy to Bill Aila stating the State owns the trail, they have stated so in public documents, the public knows about the written documents, they have read them, and are asking why it is not added to the public trail inventory so people can use the trails without threat of harass or arrest. They are State property. There is mauka lateral access on all of the ahupuaa. The State just needs to do something about it. How they do it short of litigation is unknown, but that is not ruled out either. Commissioner Lydgate noted a Biblical reference "The letter of the law killeth. The spirit of the law giveth life." All of the authorities have the letter of the law, but the community has got to bring about the spirit of what to do and they need a partnership . That is the challenge; that they build some kind of bridge between the letter and the spirit between the issues. Public opinion is going to swing it. Because they are the Public Access Commission they are trying to represent the public opinion. They can try to push it along, but building the bridge is the challenge. Commissioner Gegen questioned if the Commission has copies of the letters that were referenced identifying that they are State owned. Deputy County Attorney Jung stated that most of them are probably on file. Mr. Spacer stated that he can supply copies. Deputy County Attorney Jung stated the problem is the State waffles on the issue. Commissioner Gegen questioned the last time a group asked the State to look into it. Deputy County Attorney Jung stated the Planning Department tried to get a determination on whether or not the State owned the Lepeuli side of the trail, but they haven 't responded. He had a meeting with a Deputy Attorney General who has since left the office that said they don 't have enough evidence. He does not know where it currently stands. The Commission could send a correspondence again, but he did not think we would get a resolution until the State files some kind of Court action. Commissioner Gegen questioned what it would take for the State to do that. Deputy County Attorney Jung stated it would be a decision from the Attorney General ' s office. It could be to two land owners; the Hanwright property as well as the Waioli property. Mr. Spacer stated any citizen can motivate the State to do that. A private lawsuit could get the ball moving as well . Commissioner Gegen stated his thinking is if they have all the documents that articulate things clearly, they should write a letter and ask why the State isn't moving on it or why it is not accessible. 11 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Commissioner Dela Cruz stated it is the first step. Commissioner Gegen stated they should utilize the documentation to reinforce their point. He did not feel good not trying to act upon it when there are people who have researched and understand what is there. If the Commission has any sway, he would like to utilize it. Chair pro tem Nakahara requested that the Commission receive the documents at the next meeting. He asked Deputy County Attorney Jung to review them and see if the Commission can come up with a letter to the State. Commissioner Dela Cruz noted that staff should have the documents. Ms. Kallai stated that she can forward them again. Chair pro tern Nakahara questioned if the County' s input would do any good. Commissioner Gegen stated that the Commission is representative of the people of Kauai saying that they see the irregularity. If the State is creating a road block, the Commission would graciously request they remedy the situation. Commissioner Evslin suggested also adding it to their report to Council asking them to do something about it. Commissioner Gegen agreed. Deputy County Attorney Jung stated they can do that, but they shouldn' t style it out as an acquisition. They can't condemn against the State. Commissioner Gegen stated part of their role is to advocate and that is all they are doing on behalf of the citizens of Kauai that they would like the State owned land available for use. Mr. Spacer stated when a body such as the Commission writes such a letter, and such a letter is responded to as it was from the Office of the Attorney General to the Na Ala Hele Trail Advisory Council, it is an intentional process on the part of the public because they are creating evidence in documentary form. They have a paper trail. They have the Attorney General' s office stating there is a trail there. If they didn' t claim the trail they wouldn' t have written the memo. On the motion by John Lydgate and seconded by Patrick Gegen to receive the documents at the next meeting, and push forward the information as requested, the motion carried by unanimous voice vote. 12 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Discussion on grant of easement, establishing a public parking and pedestrian access easement affecting lot 15 of Kahu' aina, Phase I, TMK: 5 - 1 -03 : 06, 09, 10, 11 , 13 , 17, 18 , and 22- 29. Subdivision S-2007-02 . Deputy County Attorney Jung stated the proposed easement would run along the south boundary line. It would be a complete pedestrian access; about a mile long walk to get to the beach. Unlike the Lepeuli access that has a roadway lot that takes you down a distance to above the conservation district line, in this case there would be a descent walk in accessing the beach area from Koolau Road all the way down to Larsen' s Beach. It would go near the outlet of the channel. Chair pro tem Nakahara clarified it is a one mile walking access. Deputy County Attorney stated once the draft grant of easement is brought up, Council would take it up for action. The Commission received testimony from Hope Kallai. Ms. Kallai read her letter addressed to Chairperson Childs into the record. Please do not approve any easement for Waipake, Kahu 'Aina Grove until the following requests are met: that the proposed easement is considered by the Kilauea Neighborhood Association and the Waipake community. KNA is unaware of the creation of a new neighborhood by the County Planning Department and has not been included in any part of this discussion. No easement can be approved until the lateral coastal trail location is determined by the State of Hawaii. We must avoid another Hapa Road situation. The State reserved a 10 foot wide, ancient alaloa in 2008 when the loi kuleana were relocated from the stream channel to the ridge for real estate development. The parking lot location and the trail length are optimal for community, the environment, and this project. This takes community discussion. This trail is considered in connection with other trail systems not another trail isolate to nowhere . Nothing can rest with the easement or project until the State locates the trail. Otherwise, there will be a Hapa Road situation punching through a historic trail without anyone knowing about it. The County cannot do anything until the State steps up and locates the coastal trail. They weren 't spurn to take action before because nothing happened in Lepeuli, but this project has eminent project intentions and she suggested requesting the State to locate the trail so the easement can be considered. She references a copy of the DAGS survey maps available online which was the first territorial map of Kauai showing the coastal trail and an inland location of what is now Koolau Road. It shows how the trail goes along the coast, but the allegations in Lepeuli are that the trail jets over a mile mauka to Koolau Road and then all the way back. That is illogical. The 1878 map is the most believable map, because the 1833 map was probably not created on island. The allegations that that trail jets makai to the boulders and that the trail goes mauka a mile and a half really need clarification by the State. The lines are visible on the map of 1878 and stay coastal. Waipake, Lepeuli, and Kaakaaniu have the same question. The Commission received testimony from Tim Kallai . 13 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Mr. Kallai questioned if parking at the end of Koolau road and then walking a mile was the best way or if there was any other way to have more of an ease for the public to utilize the beach access . He respects the fisherman wanting to keep their places more privatized. He questioned the stipulations . The departments claim they don't have to do anything until they complete their aspects of the development. This parcel has been sitting for 20 years waiting for development and the public cannot access the beaches through the property. He questioned if there was any way conditions can be placed on the front end of development so while they go through the process the public can still enjoy the island. If that is something the Open Space Commission can request to the Planning Department and Planning Commission it would be appreciated rather than having to wait possibly decades to have access. The Commission received testimony from Richard Spacer. Mr. Spacer stated he received an email from Shawn Smith. Contrary to what they understood, the property that Falco Partners owns in the ahupuaa is not for sale . It was, but at the moment it is not. It does not negate in any way any other testimony that a sale could be eminent. He did state they hope to sell it someday soon. It is buyer ready. He said it could be up to 30 buyers . They do have to be aware of the encumbrances upon the property; the State ' s encumbrance of the alaloa trail and any County mauka makai trail . It still could be for sale any time soon. All of the Resolutions need to go ahead to light a fire under the State. This property could be ready at any time. If Shawn Smith is the new Board member, he would have to recuse himself from any discussion from the State, but there still needs to be discussion. COMMISSION EDUCATION Public Access workshop Presentation by Planning Department regarding conditions, dedications, and entitlements through Subdivisions and Special Management Area processes . Chair pro tem Nakahara questioned David Franco ' s availability. Deputy County Attorney Jung stated Mr. Franco took the whole summer off and will not be back until mid-August. He was going to present today, but Vice Chair Figaroa requested to defer to the next meeting because there are only five Commissioners . NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair pro tem Nakahara stated the next meeting will be on July 1 I . They already have their agenda items for discussion. The Commission received testimony from Tim Kallai. 14 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes Mr. Kallai requested presenting a PowerPoint at the next meeting regarding the Kilauea River corridor as it pertains to the scenic aspect of the falls . Commissioner Lydgate requested background information. Mr. Kallai stated that it would be pertaining to public access issues. Chair pro tem Nakahara questioned what equipment would be needed. Mr. Kallai stated they bought their own projector and will bring it if needed. Chair pro tem Nakahara questioned the duration of time they are requesting. Mr. Kallai stated depending on questions, the presentation would be no more than 20 minutes . Commissioner Gegen noted two Commissioners will be absent. Mr. Kallai stated Ms . Kallai would be more than likely to provide copies to staff, or make multiple presentations. ADJOURNMENT Chair pro tem Nakahara adjourned the meeting at 3 :30 p.m. Respectfully submitted by: Duke Nakamatsu, Support Clerk 15 VA2013 Master Files\Commissions\Open Space\Meetings\2013-6-27 Minutes