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HomeMy WebLinkAbout2013-7-25 Open Space Commission Minutes Approved COUNTY OF KAUAI PUBLIC ACCESS , OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES July 25, 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, Mo'ikeha Building, in meeting room 2A/2B . The following Commissioners were present: Nathaniel Childs, Chairperson Joseph Figaroa, Vice Chairperson Luke Evshn Patrick Gegen Dorothea Hayashi John Lydgate Maurice Nakahara . Absent and Excused Theodore Blake Linda Dela Cruz The following Staff members were present: Planning Department Nani Sadora and Duke Nakamatsu; Boards and Commissions Staff Mercedes Youn and Teresa Tamura; and Deputy County Attorney, Ian Jung. A. CALL TO ORDER Chair Childs called the meeting to order at 1 : 07 p.m. B. SELECTION OF CHAIR AND VICE CHAIR Chair Childs opened the floor for nominations. Commissioner Nakahara stated that he would like to nominate Vice Chair Figaroa to the position of Chair for 2013 . Commissioner Hayashi seconded the motion. Commissioner Gegen noted that he doesn 't believe that a second was necessary for a nomination. Deputy County Attorney Jung explained that the Charter does not allow the Vice Chair to serve as Chair for the remainder of 2013 . He explained that because the Vice Chair had already served as Chairman in 2012 he cannot succeed himself for the term immediately following the expiration of his term. Vice Chair Figaroa asked for clarification if the Chair' s term ends at the end of this year. Chair Childs noted that the elected Chair' s position is until the end of 2013 . Page 1 of 16 Vice Chair Figaroa asked if it meant that he cannot come out for another nomination until next year. Deputy County Attorney Jung said yes. Chair Childs called for another nomination. Commissioner Evslin nominated Commissioner Nakahara. Commissioner Nakahara politely declined. Vice Chair Figaroa nominated Commissioner Evslin. Commissioner Evslin also declined. Commissioner Evshn nominated Commissioner Gegen to the position of Chair for the remainder of 2013 . Commissioner Hayashi seconded the motion. Commissioner Nakahara called for a point of clarification. He asked whether the discussion relates to electing a temporary Chair. Chair Childs said yes and that he believes the next election is in September. Ms. Morikami confirmed that the election for the Chair will be held at the Commission' s first meeting in 2014. Chair Childs called for a motion to close nominations. On a motion made by Commissioner Nakahara and seconded by Vice Chair Figaroa to close nominations for the position of Chair for the remainder of calendar year 2013, the motion carried unanimously by voice vote (6 : 0) Deputy County Attorney Jung advised Chair Childs to call for a motion to nominate Commissioner Gegen to the position of Chair for the remainder of calendar year 2013 . On a motion made by Commissioner Evslin and seconded by Commissioner Hayashi to nominate Commissioner Gegen to the position of Chair for the remainder of 20139 the motion carried unanimously by a roll call vote (6 :0) Commissioner Hayashi Aye Commissioner Evslin Aye Commissioner Nakahara Aye Vice Chair Figaroa Aye Commissioner Lydgate Aye Chair Childs Aye Commissioner Gegen Silent Deputy County Attorney Jung stated that Commissioner Childs can now relinquish his seat as Chair and pass the gavel over to Chair elect Gegen. Commissioner Hayashi questioned why the Commission needed to nominate a new Vice Chair when Vice Chair Figaroa has indicated that he is not going anywhere. Deputy County Attorney Jung apologized for the confusion and confirmed that the nomination for the new Vice Chair is not needed at this point in time. Page 2 of 16 C. APPROVAL OF AGENDA Chair Gegen asked for an approval of the agenda or if the Commission has an item that they would like to add to the agenda. Commissioner Childs stated that he has an item that he would like to add to the agenda. He explained that at the last meeting, the Commission received public testimony asking for the Commission' s help to place Ma' alo on its biennial list of priority projects to protect the site from becoming a dumping ground. He felt that Ma' alo could become a big problem for the community because Ma' alo is located in a wet area and that he completely agrees with Ms. Bator that the run-off would eventually end up in the ocean and watershed. He suggested that the Commission write a letter to the Mayor regarding the lease, and if all agree include in the letter the Commission ' s position to urge the Mayor to find another suitable location to put the proposed landfill. Deputy County Attorney Jung brought to the attention of the Commission that if it wants to continue its discussion on the matter the item must be listed on the agenda. He noted that technically the Commission can discuss the matter under agenda Item F . I . but for now the Commission needs to approve the agenda. He explained that no new items can be added to the agenda unless the item is insignificant in which the Commission can then make a motion to amend the agenda, but he prefers that the Commission not do it at its meetings . He further explained that if there is an item that the Commission wanted to discuss they could bring it up under Item H. Next meeting date and agenda topics for discussion. Chair elect Gegen noted that based on the advice from counsel he would like to have a motion to approve the agenda as circulated. On a motion made by Commissioner Childs and seconded by Vice Chair Figaroa to approve the agenda as circulated, the motion carried unanimously by voice vote (6 : 0). D. ANNOUNCEMENTS Vice Chair Figaroa noted that he needed to leave the meeting at 2: 00 p .m. Commissioner Childs noted that he needed to leave the meeting as soon as possible. Chair Gegen stated that he would try to conclude the meeting at 2 : 00 p.m. Ms. Sadora noted that there were no announcements. E. RECEIPT OF ITEMS FOR THE RECORD Page 3 of 16 Deputy County Attorney Jung announced that the Office of Boards and Commissions has provided information on tips of who board members can talk to and when. He advised that the Commission receive the item for the record. On a motion made by Vice Chair Figaroa and seconded the Commissioner Childs to receive the information for the record, the motion carried unanimously by voice vote (6 : 0). F. UNFINISHED BUSINESS 1 . 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 pro eegy or alternate access options. Deputy County Attorney Jung stated that pursuant to the Commission' s request he was able to contact the owner of the property (Lopaka Kali LLC) . He noted that the subject property sits adjacent to the lot of which the Commission is looking to obtain as a public access, but unfortunately there are three separate addresses in which he tried unsuccessfully to make contact with. He stated that he tried to contact the agent who services Hawai'i, but he did not get a response back so he would have to generate a letter to each of the addresses, (of which one is in Michigan, Illinois and here on Kaua'i) to see what kind of responses he would get back in terms of opening the lines of negotiations ; and to also find out whether or not they are even considering giving that strip of land up for public access. He stated that he did a line calculation of how long and where the traversing of the ocean would be, which in his opinion is right on the rocks. He explained that the subject property is located in a rocky area and if someone was to walk from the beach park to Spouting Horn they would need to walk about three hundred fifty-seven feet to get to the sandy strip. But if someone was to walk from the proposed public access to that point it would be one hundred and fifty feet, which is much shorter. Deputy County Attorney Jung stated that he did get the opportunity to discuss the matter with the County Engineer on the possibility of opening up an angle of the access off of Spouting Horn, and that a site visit to the area with the County Engineer would be appropriate to see whether the area is safe or not. He noted that once he generates the letter he will make it available to the Commission at its next meeting. Chair Gegen asked the Commissioners if they had other comments, and if not can he presume that at this point that the Commission is looking at other alternatives that might exist before the Commission decides to move on the numbers and negotiations. Deputy County Attorney Jung replied yes . Commissioner Evslin asked how long will it take from the start of the negotiations to the end. Deputy County Attorney Jung stated that it would be hard for him to say because basically what he is doing is a cold call. In terms of transactional issues he would have to go out and get another appraisal for the easement, which could take another Page 4 of 16 month or possibly even three months . He stated that if the owners are not interested then it becomes a different element in which he would have to re-group to see what the Commission wants to do . But at this point it' s all about feeling them out to see what' s going to happen. He stated that the lot looks like it has been vacant since Hurricane lniki, and as for the intent of the lot he has no clue until he makes contact with the property owners. Commissioner Evslin stated that when he first became a member of the Open Space Commission the Hoban property was number one on the agenda, but the way things are going it looks like it could be another multi-year process, which to him is a shame. Commissioner Childs noted that the process is very long and time consuming. He pointed out that the subject property is actually on a different lot. Commissioner Evslin stated that he is aware, and that his only concern is to have to start the process all over again and then decide between the two. Chair Gegen stated that he believes part of the reason the Commission is looking at these options is because of the large discrepancy between the Commission' s appraisal and the appraisal that came back. Commissioner Evslin asked if he could inquire about the two appraisals to which Deputy County Attorney replied yes. Commissioner Evslin questioned if the appraisal that was done for $600,000 is considered as a loss in market value because the owner would only be able to sell the property for $4 million instead of $4.6 million. Deputy County Attorney Jung stated that without going into detail the applicant' s representative is looking at severance damages because of the impact of creating the easement on the remainder of the parcel, which actually is a remnant piece that the Commission is trying to carve out. He noted that although it would be considered an easement it is still carving out an interest in real property. The Hawai'i courts have looked at how to deal with severance damages, which becomes a battle of the experts in terms of valuation. Commissioner Evslin asked if condemnation is considered fair market value for that strip of property. He noted that previously, the Commission discussed using Papa` a Bay as. an example, and that the Commission got a valuation of approximately $ 8 . 5 million for what it would cost, but didn't take into account the fact that the beach was going to be crowded. He stated that one would think that the loss of value to the property would be taken into account, and the fact that by parking at the beach would make that area crowded; although the Commission was told not to take that into account. Deputy County Attorney Jung stated that the courts do take into account severance damages, which comes down to what is the impact and then from there it goes into a factual analysis on what the impact is for that particular property. All of these things of the differing properties would come into play in terms of how the courts will look Page 5of16 at how this is going to impact the landowner. It' s a factual analysis that gets dealt with in the courts. He noted that they can sort of guess and negotiate what it might be with the landowners who are willing to negotiate with the County, but in this particular case, the landowner does not want the easement going through his property. Commissioner Evslin asked if it were possible or feasible for the Commission to see other court decisions . Deputy County Attorney Jung noted that he would get the information for the Commission regarding the previous court 's decisions. Commissioner Evslin noted that he felt like the Commission is going through the dark not knowing the history. Deputy County Attorney Jung stated that he had cited the cases in executive session but if the Commission wants to see the cases he will get it. Commissioner Evslin stated that he would like to see what the two starting values were, and what was decided on because it would be a good place for the Commission to start. Deputy County Attorney Jung advised that the Commission should bear in mind that each property is unique within itself and the market value will be different for each property. He added that the Commission will be able to get a general idea of the court's decision, but not necessarily the specific numbers because it would depend on the facts. Commissioner Nakahara noted that the Commission would be able to pursue it both ways, with the new access and still continue to do what Commissioner Evslin had discussed earlier. Deputy County Attorney Jung pointed out that the Commission serves as an advisory to the Council and if the Commission is prepared to send something up to Council, such as a request for a condemnation resolution, it is within its purview to do that. But the ultimate decision rests with Council . Commissioner Evslin asked if the severance would be less, theoretically, for a vacant property because there is no dwelling on the property, and because the Commission is looking into condemning a strip of land on the property. Deputy County Attorney Jung stated potentially yes . Commissioner Nakahara asked if anyone had the opportunity to walk the hundred and fifty-seven feet of the proposed new access . Deputy County Attorney Jung stated that if the Commission wanted to do another site visit they could; however, the Commission would need to get permission for a right of entry and also take into consideration the Sunshine Law and consent implications from the landowners. Chair Gegen stated that from what he understands moving forward the Commission wants to : 1 ) Request for information on previous court cases on what sort of precedence was set; and 2) Continue to ask the County Deputy Attorney to follow-up with phone calls and/or write a letter in an effort to pursue the matter .urther. Chair Gegen asked if anyone had any additional comments regarding Item F1 , and if not he would like to move on to Item F2 . Page 6 of 16 F. 2 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 Gegen asked if anyone had comments that they would like to share regarding this item. Commissioner Evslin stated that at this time the Commission is at a standstill because it's still waiting for information regarding the Hoban property. Vice Chair Figaroa suggested that the Commission combine Items F2. and F4. because it relates to the same issues. Chair Gegen stated that before he entertains that suggestion he would like to say that in reviewing the past recommendations he was approached by Councilmember Tim Bynum who suggested that the Commission look into Papa` a Bay with a little bit more emphasis, and that he would like to request that the matter be placed on the agenda for discussion at the next meeting. Vice Chair Figaroa noted that Ms. Sadora would like to provide an update on last night' s community meeting in Hanalei. Ms . Sadora stated that there were a total of ten members from the community in attendance, which in her opinion was one of the best attendance records compared to the past with the exception of the Hanapepe art show. She stated that before the meeting began she made it clear to the public that the main purpose of the meeting was to focus directly on the surveys and that there would be no discussion on the loss of public accesses . She stated that at the end of the meeting she collected twenty surveys in which the public had the opportunity to make more than one suggestion on sites throughout the island. In addition, there was dialogue on future activities for Hanalei and Kilauea including how to maintain and keep all public accesses open and available to the community. Commissioner Hayashi stated that she was pleasantly surprised by how well written the article in the Garden Island newspaper was . Ms . Sadora stated that one thing to keep in mind when planning community meetings is to state its purpose from the beginning and to remind the public to stick to the agenda. Although there were some members of the public who tried to segue off to something else. Commissioner Figaroa felt that the meeting went well because the people who attended came with the understanding of knowing what the Open Space Commission is all about, which is to ensure the preservation of public access . Commissioner Nakahara expressed his appreciation to Ms. Sadora who took the time to inform the public of the set parameters and the limits of what could be discussed at the meeting. Page 7of16 Ms . Sadora stated that it also helped tremendously to have former Open Space Commissioner Beryl Blaich at the meeting who even offered 'some suggestions, which she would discuss with Attorney Jung later. Chair Gegen asked Vice Chair Figaroa if there was a reason why he wanted to keep items F2 and F4 as part of the review and discussion of past recommendations . Ms . Sadora explained that Vice Chair Figaroa' s intention was to share what happened at the meeting last night before the Commission entered into discussion on recommendations. Commissioner Childs stated that both items can stay on the agenda because the Commission still needs to discuss the logistics on the upcoming County Farm Bureau Fair. Ms . Sadora stated that if the Commission is prepared she is ready to discuss the fair. Chair Gegen asked if there were anything else the Commission should know about past recommendations or prioritization. Commissioner Evslin asked whether research is continuing to see if the State would be granting the Hanapepe Salt Pond to the County. Deputy County Attorney Jung stated that they were working on that but an issue surfaced in which Deputy County Attorney Trask talked about earlier at a recent meeting that there is likely to be leases out there. He stated that in dealing with State property the County can get an EO, but if there is a current lease on the property it would be hard for the State to give the land to the County, which is the same situation as Ma' alo because the State also owns that property. He stated that if the Commission is looking into putting the Hanapepe Salt Pond on its biennial list it would be difficult because the County cannot go in and condemn against the State. The County would have to out-right purchase the land. He explained that because the land is held by the State, especially the agricultural development Corp. which already has the lease, they are not going to be willing to release the land to the County for park purposes especially if they are already under another obligation. He added that Ma' alo is the same type of situation because the land where the proposed landfill site is going to be is, at this moment, going through a full 343 type environmental review which is in its very early stages. Chair Gegen noted that the environmental review also includes looking into water issues and other types of environmental concerns. Deputy County Attorney Jung stated that nothing prevents the Commission if it wishes to place Ma' alo on its biennial list however, to actually do something as far as move forward to acquire it would be very difficult because it' s state owned land. Commissioner Childs stated that his intention was to send a letter to the Mayor to let him know that Ma' alo is a bad place to place a dump. It had nothing to do with acquisition or purchasing of the land. Page 8 of 16 Chair Gegen stated that his recommendation would be based on how the process works, which is still on-going with the Environmental Impact Study (EIS), but if an individual wanted to put that information forward he thinks they should. But as a Commission he doesn't think that it can make a determination on whether it' s a good or bad thing. He stated that he would rather wait for the EIS to come out and only then if the Commission had concerns it could potentially take a stand. But at this point he would rather follow through with the full process, which still on-going. Deputy County Attorney Jung stated that there was a same situation in which the Commission is trying to acquire that little strip of land above the Hanapepe Salt Pond Beach Park. He stated that the County is looking at it and the Mayor is actually working with the groups in trying to identify things that could be workable for what he calls the southeast sector where the salt pads exists. But there is a lot of debate and discussion on who has the rights\ownership to the land as well as whom the true caretaker is. He added that there is a lot of issues that Commissioner Evshn pointed out at the last meeting on not dabbling on an issue until it is sorted out. Ms. Sadora noted that it also came as a recommendation from Deputy County Attorney Trask because it is such a sensitive issue. For the Commission to get involved at this point would make things complicated on an issue that is still on- going. Chair Gegen, in response to Commissioner Evslin, stated that it is probably important that the Commission identify their top priority, which is the Hanapepe Salt Pond, and if nothing else continue to monitor the situation because from talking to the Mayor, the Commission had agreed to assist and help him with the issue. For this Commission to just drop it and not continue to monitor the situation to see if it would make sense for the Commission to make an impact would be like neglecting its duties as a Commission representing the will of the people. Vice Chair Figaroa suggested that the Commission re-visit its conversation with the Mayor to find out what' s truly going on with the situation. Chair Gegen stated that he felt it was important for the Commission to discuss how it is going to start integrating all of the information it has received from its meetings. He stated that this is the first time he has heard that there were concerns coming from the Waimea meeting regarding the Hanapepe Salt Pond. He felt that the Commission should include it in its recommendations because, when the Commission is ready to go before Council and being that the Hanapepe Salt Pond is its number one priority and nothing was done, it will just show that the Commission was not following through with its obligations . Especially because the Commission had already stated that it had discussed the issue with the Mayor and members of the community only to tell Council that the Commission had decided not to move forward with any sort of acquisition, but will continue to monitor the situation because it is important to the community. Ms. Sadora stated that when the Commission went before the Council with its ordinance, the Commission indicated that it would come forward with an acquisition Page 9 of 16 plan. She stated that whatever position the Commission decides upon it must be committed because that is what the Commission had promised. Chair Gegen felt that it is important to document the process on what the Commission went through just to come to a conclusion. Commissioner Evslin stated that since he has been with the Commission its only accomplishment to date was placing items on the shelf. He stated that in the beginning the Commission had a lot of priorities like Kamalua, Bike Path, Hanapepe Salt Pond and possibly the Hoban property. He expressed how excited he was on getting the results of the survey so that the Commission can set new priorities. Chair Gegen noted that some of the reasons why the Commission had determined not to follow through on these priorities was because many of its priorities had actions taken to preserve these sites, which he felt was a good thing. Commissioner Hayashi noted that she was glad to hear that the Commission is continuing to keep abreast with the progress in case an opportunity becomes available so the community can be informed and at the same time the Commission can get the public's consensus . Chair Gegen stated that the Commission is always willing to assist, but if intervening in the process causes it to slow down or is adverse to what is wanted, in the big picture he doesn 't want to do that. Deputy County Attorney Jung commented that he sensed the frustration of the Commission, but the Commission needs to understand when going through any type of land acquisitions the element of due diligence is always critical. And as soon as a piece is identified or there is a spark of interest on a piece of land that the Commission might be interested in there will always be some kind of hurdle. Especially in the context of the Open Space Commission because the Commission would have to negotiate an actual acquisition price or condemn. He stated that one of the hurdles that the Commission must take into consideration is whether the County wants it or not, because ultimately it is the Council who makes the final decision. He explained that when Council goes into weighing its decision it looks at several things including liability on how dangerous the area might be; is it going to incur potential future liability from people threatening to sue the county; or if the property is feasible from a cost standpoint. He stated that the process is like a land acquisition; you must have proper due diligence, which is why it takes so long, and which is probably why the Commission only has one notch under its belt in terms of acquisitions because everything was lined up for that. He added that the community group who came in to help through the public land trust had funding resources available to them; but now we have to line everything up to make sure that something goes through. Commissioner Evslin stated that he was not trying to be critical and that he thinks the Commission found good reason not to go forward, but the research had to be done and the Commission had a reason. Page 10 of 16 Chair Gegen stated that he is looking forward to the next report it sends to Council, which will identify each of these properties that the Commission has worked on so that they know the Commission is doing its due diligence even though the Commission is no longer pursuing it or otherwise. 4. 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 Gegen stated that for item F4, he would like to ask what the process is because the Commission has held meetings in the community except for the County Fair. He asked if the Commission wanted to wait until the County Fair to start accumulating all of the information. Ms. Sadora stated that she believes Staff can put together a report of all the data it has accumulated before the County Fair. She noted that she would provide the Commission with an excel spreadsheet that reflects all of the data that was collected. She added that the Commission has about sixty-five on-line surveys to include. Chair Gegen asked if the data would include the identity of all the parcels that are either a repeat of previous acquisitions or new, accompanied by a tally. Ms. Sadora stated that the parcels are going to be identified geographically from west to north. She noted that the parcels are specific and would be placed at the end of the report. Ms. Sadora asked that the Commission re-visit the matter of who is going to attend the fair. She gave a recap of the requirements needed in order to secure a booth. She stated that five Commissioners have committed to attend and that Staff would only be there in conjunction with the participation of the Commission, which means that Staff will not man the booth alone. There is coverage during the day; one Commissioner has committed to work in the evenings, but whether it' s all five nights or one night, she is unsure. There is no coverage for Sunday and only one Commissioner for Friday although for Thursday the hours are all covered. Chair Gegen asked Ms . Sadora if she could provide a copy of the spreadsheet for the Commission at its next meeting. Ms. Sadora stated that because time is so critical the Commission needs to decide today because if she cannot give an answer to the administration to confirm the Commission' s commitment she will not accept the booth. Chair Gegen asked if there was a deadline. Ms. Sadora stated that the longer it takes the Commission to decide the harder it will be for her to secure a booth. Vice Chair Figaroa stated that he is available during certain evening hours, but not through midnight. Ms. Sadora stated that on Thursday and Friday the fair opens at 6 p.m. and ends at 12 midnight. Page 11 of 16 Chair Gegen suggested that Ms. Sadora inform the administration that in two weeks the Open Space Commission will be able to give them a definitive answer. Ms. Sadora stated that given that timeframe the administration might not be able to secure a booth. Commissioner Evslin stated that at its last meeting, the Commission agreed to make it work. He noted that he is flexible during the weekend and could fill in as needed. Chair Gegen stated that the only time that he would not be available is on Saturday evening. He noted that he would be available on Thursday, Friday and Sunday. Commissioner Childs asked Ms. Sadora to go ahead and reserve a booth with the administration. Ms. Sadora stated that she would inform the administration and provide a spreadsheet for the Commission to fill out at the next meeting. Commissioner Hayashi asked what the limit was . Ms. Sadora stated that the Commission is limited to two Commissioners. Commissioner Evslin suggested that each Commissioner commit to at least 10 hours a day. Chair Gegen asked if the booth needed to be manned till midnight. Ms. Sadora said yes all hours/everyday. Chair Gegen asked who said that. Ms . Sadora informed the Commission that the instructions came from Beth Tokioka. Commissioner Childs pointed out that if there is no one there at 11 : 00 p .m. wouldn't it make sense to leave? Chair Gegen stated that he tends to disagree with Ms. Tokioka because his expectation for the Commission is that they man the booth at least till 10 p .m. Ms. Sadora stated that is something the Commission could share with Ms. Tokioka. Chair Gegen stated that if Ms. Tokioka has any concerns she can join the Commission at its next meeting. 3 . Discussion on updatin the Open Space Commission webpage. Ms. Sadora suggested that the Commission remove the item from the agenda since it already had the opportunity to view the website. Vice Chair Figaroa stated the Commission should keep it on the agenda just in case any of the Commissioners have additional ideas or modification to the website. Page 12 of 16 5 . Discussion on island-wide list of accesses and cataloging access conditions. Commissioner Nakahara noted that at the last meeting, Commissioner Blake had indicated that he would be providing the list to the Commission. 6 . Discussion on current state of access at Ka' aka' aniu (aka Larsen' s Beach) Deputy County Attorney Jung stated that he believes this item was left on the agenda for the next few meetings to give the public an opportunity to present . testimony. Commissioner Evslin questioned whether the letter was sent to the State Attorney General requesting additional information on the traditional Alaloa Trail to which Ms . Sadora replied yes. Commissioner Nakahara asked if there was a response from the State Attorney General. Ms . Sadora stated that a copy of the letter was sent to the State Attorney General and the original was sent to Mr. Aila. Chair Gegen asked what the letter specifically entailed. Ms. Sadora indicated that she didn't bring a copy of the letter. Chair Gegen stated that it was his understanding that at Larsen' s Beach the concern was that the County has two public assesses, one of which is open at this point, and the other a historical trail that has been maintained for a while. Deputy County Attorney Jung explained that the situation is that the County has a roadway lot that goes down to a parking lot which leads to the actual trail, but people were not satisfied with that trail so the County worked with Waioli to open up another trail or easement that basically leads to a sandy beach area. He further explained that the issue that is currently in conservancy has to do with a lateral trail, which some claim to be the historic trail Alaloa, while others claim it to be an old dairy road; which is currently supposed to be on private property, but the Attorney General had issued a letter in 2012 that says there is a historic trail but has not identified its exact location. The letter that went out to Mr. Bill Aila, Chairperson for DLNR (Department of Land and Natural Resources), is basically asking the State what is their game plan and to identify and possibly even quiet title that particular historic trail that the State made a claim to. Chair Gegen thanked Deputy County Attorney Jung for his clarification on the matter. He stated that he can recall a discussion on the first easement that the County had, and the fact that there were community groups up in Kilauea who were willing to help clear that particular area and maintain it. He added that he thought that the Commission was going to approach the administration regarding the matter. Deputy County Attorney Jung stated that he directed Ms . Kallai to set up a meeting with the administration if she had additional information to provide on some sort of stewardship agreement with the Kilauea Boy Scouts Troop to maintain the trail. Page 13 of 16 Commissioner Evslin asked for clarification on the specifics regarding the trail. Deputy County Attorney Jung suggested that the Commission leave this item on the agenda, and he would bring a map that reflects the location of the trail. He explained that basically, the trail trisects and that there is a lateral trail that goes across and sort of down but now has a sea bird fence blocking entrance to the trail, which has an angle that leads down to the beach where the County easement is located. At the right side or the south flank of the parking lot area there is a trail lot that the County has a fee simple interest in, which zigzags down to the beach area on the backside of the bluff. Commissioner Evslin asked if he was right to assume based on the discussion that Waioli opened a straight walkway because people weren 't satisfied with the trail. Deputy County Attorney Jung staffed yes and that Waioli essentially gifted the easement to the County. G. COMMISSION EDUCATION 1 . Public access workshop. a. Presentation by Planning Department regarding conditions, dedications, and entitlements through Subdivision and Special Management Area processes . Deputy County Attorney Jung stated that the presentation is ready if the Commission wishes to see it. Chair Gegen noted that due to the time constraints and the loss of quorum, he suggested that the Commission wait until its next meeting to see the presentation in which the Commission agreed. H. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Commissioner Nakahara noted that the next meeting is on August 8, 2013 . Chair Gegen stated that he would like to include under Item 2, Review and discussion on bast recommendations and prioritizations that the Commission identify the pieces of properties that the Commission is looking to prioritize that would include the Hanapepe Salt Pond and Papa` a Bay as well as the others that were mentioned in the discussion. Commissioner Childs stated that the Commission is still waiting for all of the surveys to come back. Chair Gegen stated that would be under Item 41 He explained that he is looking at the previous recommendations and acquisition plans that the Commission is working on. Vice Chair Figaroa noted the properties in question would be the Hoban property, Hanapepe Salt Pond, Papa` a Bay and Ka' aka' aniu (aka Larsen' s Beach) . Page 14 of 16 Chair Gegen asked if the Commission wanted to include the Kilauea River corridor as a possible recommendation. Commissioner Childs suggested that the Commission wait for the survey because he felt that it had a lot to add. Vice Chair Figaroa noted that if the Commission had questions it could always refer back to its previous list. Chair Gegen stated he would like to combine Items F1 and F2 because both items seem to relate to past recommendations and prioritizations of the Commission' s work plan/timeline, which includes all of the properties that the Commission should keep on its radar. Vice Chair Figaroa asked whether he was suggesting to list all of the properties under Item F2 to which Chair Gegen replied yes because the Commission is already discussing the Hoban property, which was one of the Commission ' s past recommendation under Item Fl . Another past recommendation that he felt should also come under Item F2 is Ka' aka' aniu (aka Larsen' s Beach) instead of under Item F6. Vice Chair Figaroa stated that it would make sense for the Commission to refer to the recommendation list because it lists all of the properties. Chair Gegen asked why keep Larsen' s Beach and the Hoban property separate. He stated that his intent to consolidate the list of past recommendations and prioritizations under one agenda item is just a housekeeping issue. Commissioner Evslin asked if Ka' aka' aniu was ever a past recommendation to which Chair Gegen replied yes. Commissioner Evslin noted that the housekeeping measure is fine with him. Chair Gegen also asked if it would be appropriate to move agenda Item H. Commission Education to the top of the agenda since Staff has a presentation already prepared. Commissioner Evslin stated that it would not be necessary to move it up because it' s already on the agenda. Chair Gegen asked if the Commission would like to place on the agenda for discussion the Ma` alo issue. Vice Chair Figaroa said yes . Deputy County Attorney Jung stated that if the Commission wishes to place Ma' alo on its next agenda it would be prudent to understand that the County has expended a significant amount of money on the matter. He suggested that the Commission invite the County Engineer to its next meeting to provide an overview of the status of the proposed landfill at Ma' alo . He added that the County is in the process of holding community meetings and if the Commission'would like to provide written testimony or comments before the EIS is finalized, as an individual, they could do so by going onto the County of Kauai website. The Commission agreed. Ms. Sadora stated that in the case of housekeeping, the reason the items were kept separate was done more so for the public. Commissioner Childs asked if by Page 15 of 16 combining the list of properties under one agenda item could the Commission include Papa`a Bay; that way the public can still come to testify on all properties. Ms . Sadora noted that the Planning Staff will have a booth set up at the Koloa Plantation Days Celebration this weekend and she will have the surveys on hand for distribution to the public. Chair Gegen requested that the meeting minutes of June 27, 2013 , be placed in the Commission' s meeting packets for approval at the next meeting as well others that still need to be approved. He also requested that the County Engineer be placed first on the agenda to accommodate his schedule. I. ADJOURNMENT Chair Gegen called for a motion to adjourn the meeting On a motion made by Vice Chair Figaroa and seconded by Commissioner Childs, to adjourn the meeting, the motion carried unanimously by voice Vote (6 : 0) At 2: 18 p.m. the meeting was adjourned. Respectfully submitted by: Mercedes Youn S pport Clerk Page 16 of 16