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HomeMy WebLinkAbout2013-8-08 Open Space Commission Minutes Approved PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION REGULAR MINUTES August 8, 2013 Regular minutes of the Public Access, Open Space & Natural Resources Preservation Fund Commission of the County of Kauai was held in the Lihu' e Civic Center, Mo' ikeha Building, in meeting room 2A/2B . The following Commissioners were present: r Patrick Gegen, Chairperson Joseph Figaroa, Vice Chairperson Theodore Blake Linda Dela Cruz Dorothea Hayashi John Lydgate Maurice Nakahara Absent and excused: Nathaniel Childs Luke Evslin The following Staff members were present: Planning Department, Nani Sadora and Duke Nakamatsu; Boards and Commissions Staff: Mercedes Youn, Paula Morikami ; Ian Jung, Deputy County Attorney. Also present: Larry Dill, County Engineer. A. CALL TO ORDER Chair Gegen called the meeting to order at 1 : 05 p .m. B. APPROVAL OF AGENDA The agenda was approved unanimously. C. ANNOUNCEMENTS Vice Chair Figaroa requested that the Chair Gegen stated he would like to take agenda item G2. Commission Education before agenda item F. Unfinished Business . Page 1 of 12 D. APPROVAL OF MEETING MINUTES Regular meeting minutes of June 27, 2013 and July 11 , 2013 . On a motion was made by Vice Chair Figaroa and seconded by Commissioner Hayashi to approve the minutes ' as circulated, the motion carried unanimously by voice vote (7 : O) E. RECEIPT OF ITEMS FOR THE RECORD There were no items received for the record. G. 2 Update by the Department of Public Works regarding the status of the environmental review process for the County of Kaua' i's proposed New Landfill and Resource Recovery Park at Ma' alo, Kauai, Hawaii (A copy of the PowerPoint presentation is on file for record Chair Gegen stated that at its last meeting, the Commission received public testimony requesting that the Open Space Commission purchase the Ma' alo site to prevent it from becoming a landfill. He stated that he wanted the public to know that there is a process that gives the public the opportunity to submit written comments and feedback regarding the (EIS) Environmental Impact Study for the proposed Ma' alo landfill and Resource Recovery Park, Mr. Dill presented a power point presentation describing the site selection process, environmental studies, public outreach, environmental studies summary timeline, EIS schedule, Resource Recovery Park, and diversion opportunity update. He stated that one of the most challenging aspects of the project was selecting the appropriate site that may or may not have technical or non-technical impact issues . He stated that the Ma' alo site is currently being used for agriculture and is managed by the ADC (Agri-business Development Corporation) . He stated that studies show that the Ma' alo site has the longest life span because it' s the size which he believes is about 280 acres with an estimated lifespan of 264 years. He stated that the County is looking at the Ma' alo to be the last landfill Kauai will ever need and that it will the least overall annual cost out of the other eight sites that were looked at. He noted that Ma' alo is ranked the best from an economic standpoint based on the community criteria evaluation report that was created by the Mayor' s advisory committee. Mr. Dill stated that Ma` alo ' s sustainable and centralized location will be cost effective for the County because the travel distance to haul materials off-island would be less compared to the distance of the Kekaha Landfill. He encouraged the Commission to take a trip out to the Kekaha Landfill so that they can have an idea on how the landfill operates which in his opinion, runs fairly well. He noted that a lot of effort was made to minimize the social operational impact issues that might have been preconceived by the public. Mr. Dill stated that in 2011 the County entered into contract with AECOM (Architecture, Engineering, Consulting, Operations, and Maintenance) which is a nationally recognized professional consulting firm that specializes in landfills to do the EIS study for the proposed Page 2of12 landfill which includes the (RRP) Resource Recovery Park. R.M. Towill Corporation a Honolulu based engineering firm will serve as the prime sub-consultant. In July 2012, the site selection was completed and detail conceptual design was created that included a feasibility study for the proposed Resource Recovery Park. He explained that the RRP will target items within the flow stream to help reduce toxins, increase convenience for recycling and reduce cost to support the sustainability of Kaua'i. He stated that an EISN (Environmental Impact Statement Preparation Notice) for the RRP was completed and published in February 2013 and that they are now working on addressing public comments including the updated studies for consideration in the draft EIS that will be published within the next couple of months for another round of community meetings in which more public comments and information will be received for consideration for the final draft EIS that should be competed by March or April 2014, Commissioner Lydgate asked what Grove Farm uses the land for and if anyone has checked to see if there are any historic sites in the area and if so what type of impact would the proposed landfill and RRP have. Mr. Dill stated that there are no recorded historic sites in the area but there could be a potential historic site in area of the proposed RRP . He stated that plans are forthcoming to do a survey of the area to check if there are indeed historical sites. Commissioner Lydgate asked how would the County dispose of radioactive materials including materials that come from Japan that has to be shipped off the island. Mr. Dill stated that hazardous waste materials are not permitted in any of the State' s landfills except for special waste materials. Commissioner Lydgate asked how the asbestos materials will be deposed of once it is removed from the Coco Palms Hotel. Mr. Dill stated that asbestos is classified as a special waste material and require special handling and is not classified as a hazardous waste. He noted that the Kekaha landfill accepts these type of special waste materials and the same is expected at the proposed Ma' alo landfill . Vice Chair Figaroa mentioned that during a trip to Oahu the OSC had the opportunity to visit the City and County of Honolulu landfill where he noticed that the landfill was located in an area where there is a lot of natural valleys that seems to condense the landfill. He asked whether the proposed W alo landfill is in an area where there are natural valleys or in an area that is wide spread. Mr. Dill stated that there are no natural valleys at the Ma' alo site. Chair Gegen added that the Ma' alo site is relatively flat and part of the process would include digging to allow the placement of the liners onto the ground to protect the soil and prevent any leakage into the water. Mr. Dill noted that there will not be a great deal of excavating and that the landfill would basically be' built from the ground up. Chair Gegen noted that although he was not at the Commission' s last meeting he has learned that there were concerns about the watershed. Mr. Dill stated that although the Army Corp . of Engineers have identify the area between the proposed landfill site and the RRP as a wetland he felt that the real a concern is not the landfill itself but where to place the access roads. Vice Chair Figaroa stated that because there were concerns on where to put the access roads, would the access road go around the Ma' alo site or through it? Mr. Dill stated that at this Page 3 of 12 point he is not able to provide that information until all of the studies have been reviewed however, the obvious option is to go around it. Vice Chair Figaroa asked if tests or studies were done to determine the natural flow of the wind to prevent the smell and loose debris from impacting the surrounding area. Mr. Dill stated that studies were done and is included in the EIS under the nuisance category. Deputy County Attorney Jung explained that the 340 Environmental Review Document is a comprehensive document that addresses these types of concerns. He stated that the document includes a list of environmental requirements such as floral fauna, historic and nuisance elements that must be addressed. Vice Chair Figaroa asked because the terrain at the Ma' alo site is relatively flat would they have to dig down or pile up? Mr. Dill explained that the reason they would have to dig down is to construct a collection system and place the liners and once that is installed they will begin to pile up. Vice Chair Figaroa asked whether the height limit for a single pile at the Ma' alo site has been determined and how does it compare to the Kekaha landfill Mr. Dill stated that the height limit at the Kekaha landfill is about 80 feet and they are currently proposing a vertical expansion to up to 120 feet. He noted that he does not know the height limit for the proposed landfill but would provide the information at a later date. Vice Chair Figaroa asked whether the County approached KIUC to collaborate on finding other resources for recoverable usable energy. Mr. Dill stated that when exploring other opportunities for usable energy they found that Kauai has such a small waste stream that it would be difficult to be economically feasible to pursue further studies. Vice Chair Figaroa asked whether the EIS has accounted for the rainfall at the Ma' alo site to which Mr. Dili replied yes. Deputy County Attorney Jung stated that at a previous meeting there was testimony requesting that the Open Space Commission take some type of action to preserve the Ma' alo site. He explained that it would be difficult if not impossible because the County cannot condemn against the State and that if OSC were to try to negotiate a sale for the Ma' alo site the ADC would probably refused to sell the land to the County. He also noted that there are other issues involved which would make the purchase difficult because in some cases it would require at least two-thirds vote from the State Legislators to sell the land. Chair Gegan pointed out that all of the questions that are being asked are valid. He encouraged the public to continue to get involved by voicing their concerns on issues they felt needed to be addressed during the EIS process . He shared with the Commission that he has submitted written testimony regarding his concerns which by law has to be incorporated in the EIS . He noted that he is looking forward to see the second draft of EIS which in his opinion may bring additional questions and concerns . Chair Gegen suggested that the OSC send a letter to Ms. Bator to let her know that the Commission appreciates her input and that through the continued EIS process she can formally address her concerns. He asked that the letter include the dates, time and location of the upcoming EIS community meetings . Page 4of12 Commissioner Blake noted that Ms . Bator also requested a copy of the meeting minutes be sent to her home address . Chair Gegen asked whether a copy of Mr. Dill ' s PowerPoint presentation can be included to which Mr. Dill said yes. Chair Gegen thanked Mr. Dill for his presentation. The Commission received testimony from Ms. Hope Kallai . Ms . Kallai stated that although the Army Corp . of Engineers refers to the area between the proposed landfill and the RRP a wetland she has to disagree because to her it' s a stream called Kaha wai o 'ka wai loa (sic) which flows down to the ocean. She voiced her concern that the stream would collect debris which was not thought about in advance. She explained that the Hawaiian Homelands extends from the top of Kalepa Ridge down to the bottom and wraps around the ridge. She stated that DHHL (Department of Hawaiian Homelands) is planning to construct the second largest community in that area which will consist of 651 residential units and 100 acres of Ag land. She indicated that she does not know the type of zoning the land falls under but believes that it is zoned IAL (Important Ag Lands). She voiced her concern about taking beneficial lands out of production for a landfill and questioned whether the land is the best place to put a landfill. She brought forth concerns from a Kupuna whom she stated could not attend the meeting in which the Hawaiian Homelands proposal to build these residential units within the next ten years was not considered in the plan and that they are now requesting to have their proposal considered in the plan. Ms . Kallai pointed out that no one thought about the impact the wind would have when it blows the smell from the dump towards the site of the proposed residential units. Chair Gegen thanked Ms. Kallai for her testimony. He recommended that she and representatives from DHHL attend an EIS community meeting to voice their concerns on what they felt need to be addressed and how the County would address mitigating their concerns. Mr. Dill stated that the County has approached the DHHL and through its discussion it was found that their main concern was not having enough drinking water in future to support the development. He stated that the DHHL has not identified any specific a well site but has a few conceptual sites which they are going to start drilling and that the County engineers will be in close contact with their engineers to ensure that their concerns are being met. Mr. Dill stated that from a nuisance stand point one would be pleasantly surprised that the Kekaha landfill does not generate any odor as one would think and if anything because the proposed Ma` alo landfill is designed to be more modernize it will do abetter job in controlling the odor. In regard to the wetland and streams within the area, the County has been in contact with the Army Corp. of Engineers about protecting these sites as well. F. UNFINISHED BUSINESS 1 . Status on the acquisition plan for a portion of TMK (4) 2-6-003 -017, to obtain a pedestrian public beach access easement to Kukui 'ula Bay through the former Hoban property or alternate access options . Page 5 of 12 Deputy County Attorney Jung informed the Commission that a letter was drafted on behalf of the Planning Department's Open Space Commission and addressed to Lopaka Kali LLC. here on Kauai. He indicated that out of the three different addresses he felt that it would make more sense to send the letter to Kauai address to get a quick response. He indicated that if no response is received in a reasonable time he would send the letter to the mainland addresses . Chair Gegen asked for clarification on whether the adjacent lot could be a potential alternative public access. Deputy County Attorney Jung stated yes and noted that the adjacent lot is located east of the former Hoban property. Commissioner Blake asked Deputy County Attorney Jung to repeat the comment he made regarding the vacant lot to the east. Deputy County Attorney Jung stated that the vacant lot is a property that the OSC originally noticed during a site visit with the appraiser. He stated that during the site visit he noticed a staircase leading down to the rocks which measured to be about 110 feet from the existing beach. He indicated that the OSC is currently looking at that property as a potential alternative access that goes through the vacant lot. Commissioner Blake asked if he knew what the lot sold for to which Deputy County Attorney Jung replied $2 million dollars. 2 . Review and discussion on past recommendations and prioritization of the Commission' s work plan/timeline of events and activities through 2013 including a criteria spreadsheet for recommendations list 2013 Report. Chair Gegen shared with the Commission that it was brought to his attention that some members of the community was interested in improving and/or finding an alternative public access to Pa'paa Bay that is a more user friendly. Deputy County Attorney Jung pointed out that the Federal Court ruled that there is no public access at Pa'paa Bay and that Councilmember Bynum decided to introduce a resolution to look for alternative public access. He stated that if the Commission wanted to pursue access at Pa`paa Bay it would have to deal with the same scenario as the Hoban property where the Commission would have to deal with an unwilling landowner and the possibility of significant severance damages . Chair Gegen asked if there was an access on the north side of the stream. Deputy County Attorney Jung stated that he is unsure but knows for sure that there is an access on the east side that exists through the Alimomanu Esates Subdivision. Chair Gegen mentioned that he has heard that there is an access along the river or near the river. Vice Chair Figaroa pointed out that the information came from Councilmember Bynum' s proposal. Chair Gegen pointed out that if it would please the Commission he would like to ask that at the next meeting the Commission reviews the maps to see if there are other alternatives and options are available. 3 . Discussion on updating the Open Space Commission' s webpage. (On-going) Chair Gegen asked Ms. Sadora whether the Commission had additional items to add to the webpage. Ms. Sadora stated that at this time there was nothing to add. She pointed out that the Commission wanted to keep this item on the agenda in case there were any changes to be made. Page 6of12 4. Discussion on 2013 public input process for developing a biennial list of priority projects to be reported to the Kauai County Council and the Mayor. Chair Gegen stated that because the Commission has completed most of its community meetings excluding the County Fair it now can begin to review some of the recommendations to add to the biennial list. Ms. Sadora distributed copies of the OSC (Open Space Commission) Public Input Process for 2013 . She provided the Commission with an overview of how the information was collected. Chair Gegen asked whether the first meeting that was held in Hanapepe was for the community to reinforce their list of priority properties . Ms. Sadora said yes and noted that most of the surveys that were submitted chose either the Hanapepe Salt Pond, Kaneilouma or Pi'wai as a priority. She questioned at what point would the Commission like to begin organizing its priority list or would it rather wait until after the County Fair. Chair Gegen stated that going forward it would be nice to be able to sort according to the place just to see how much reinforcement there is for its current priorities . Commissioner Blake stated that he noticed that there were three references made for Allerton Beach at Lawai Kai. He shared with the Commission that Allerton was granted special sub- zoning by the Governor which includes the beach. Commissioner Blake stated that since Allerton became a botanical garden public access has become an issue. He stated that in order for the public to get to the Allerton beach they would have to walk along a difficult and dangerous rocky coastline. To avoid going through that route the public ends up trespassing by going through the Kukuiula property. He questioned whether it would be a conflict of interest that the Commission acquires the property for public access because of its special sub-zoning. Vice Chair Figaroa asked whether the special sub-zone is considered a protected area. Commissioner Blake said yes and noted that the designation is to help regulate commercial use to a degree and protest the endangered green sea turtles. Ms . Sadora shared with the Commission that when the Lawa' i Kai Special Subzone was first introduced Nadine Nakamura was one of the consultant at that time who made a presentation to the Open Space Commission. She indicated that the NTBG played a major role by providing guidelines they felt was necessary to restrict commercial usage at the Lawa'i Kai Bay including the beach area. She stated that a proposal was made to put the public access on the A&B property located on the Westside of the bay where the coffee fields are located but due to the harvesting season it was deemed unsafe. Ms. Sadora indicated that she does not know the final outcome of special subzone permit but would get the information for the Commission. Commissioner Blake stated that one of the reasons Kauai Coffee Company is no longer allowing public access through their coffee fields is because of the vandalism to their equipment. Page 7of12 Chair Gegen noted that the next OSC meeting is scheduled on the same day as the County Fair and there would be no new additions until after the Fair. He suggested that that the Commission reviews all of its recommendations at the September meeting which will give Ms. Sadora plenty of time to input the additional information. Commissioner Blake asked whether the OSC would still hold its August meeting. Ms. Sadora suggested that the Commission should consider its options on whether to hold its August meeting. Chair Gegen asked whether the official attendance schedule was completed that reflects the date and time of when each Commissioner is scheduled to work at the booth. Ms . Sadora stated that she would circulate the schedule for the Commission to look at. She indicated that the time increments for each shift needed to be resolved today if possible. After a lengthy discussion, the Commission unanimously decision the Commission has decided to cancel its August 22nd meeting in preparation for the County Fair. Ms. Sadora noted that in addition to collecting surveys at the County Fair the Planning Department Facebook page has a link to the OSC survey. S . Discussion on island-wide list of accesses and cataloging access conditions. (On-going,) Commissioner Blake noted that he would send the PDF file to Ms. Sadora. Vice Chair Figaroa asked who is responsible to follow up on a complaint when a violation of access condition has occurred. Ms. Sadora stated that whenever there is a complaint of a possible violation CZM Inspector Les Milnes goes out to the location to verify the complaint and make a report. Vice Chair Figaroa stated that he would like to invite Mr. Milnes to a future OSC meeting to provide an overview of the access conditions . Ms. Sadora stated that she felt it was a good idea. She reminded the Commission that the process is time consuming because each public access on the island needs to be re-visited and evaluated. Vice Chair Figaroa stated that the process is good because it will set a solid foundation for future Commissions because they will have a document to use as reference. Ms. Sadora noted that the Planning Department has an active file for each public access but it does not include information on the current status of access and when it was initially looked at. She noted that the cataloging will be used as a tracking mechanism. Chair Gegen stated that the intent of cataloging is to use it as reference material in case a complaint comes because all of the background information will be readily available. 6. Discussion on current state of access at Ka' aka' aniu (aka Larsen 's Beach) . Vice Chair Figaroa stated that for this particular access the Commission has already seen it and has decided to go forward to open it up . Chair Gegen stated that the County has two public accesses rights. One of the trails is opened but is pretty steep and not so conducive. The second trail was actually made but not maintained and that the Commission was trying to implement some type of movement by sending a letter to the Administration expressing concern that the access is not been maintained and urging them to work with the community groups . Page 8of12 Ms . Sadora recalled that Deputy County Attorney Jung was going speak to the Kallai ' s to ask them to addressed their letter directly to the Administration requesting that they consider having the Kilauea Boy Scout Troop maintain the trail as part of a stewardship. Commissioner Lydgate asked which of the two trails is accessible and whether the trail that is inaccessible is the actual designated trail. Ms. Kallai stated that the Boy Scout trail that was made by Ralph Daylor is the County's right-of-way; it is owned fee simple by the County and is the preferred because of its both cultural and community friendly trail. But it is not accessible. Commissioner Lydgate asked if there was a barb-wired fence. Ms . Kallai said no. She added that view of the trail is visible and goes down a series of small steps but it is over grown with milo . She noted that the trail was opened by the County in 2010 during which time the OSC made a trip to the north shore and was able to go down the trail. Chair Gegen asked Ms. Kallai whether she wrote to the letter to the Administration. Ms. Kallai stated that it was her understanding that Mr. Dahilig wrote a letter to Mr. Aila at the Commission' s request. Deputy County Attorney Jung stated that there seems to be some confusion because the letter that Ms. Kallai is referring to has to deal the Alaloa Trail and the issue of a potential quiet title action if any. He explained that he did have a conversation with the Deputy Attorney General in which he was told that the AG' s office will be sending the OSC a response. For clarification he stated that it' s not that the County Council doesn' t want to grant the easement it just wants to get more background and a response from the AG before making a decision. For the record, Chair Gegen stated he will refer back to agenda item F2 . to allow the Commission to resume discussion regarding Waipake. Ms. Kallai referred to an 1878 map that reflects the first survey that was done by the government for Kauai. She gave an overview of the subject area and then continued to present a history of the trails and roads. She expressed her concern that she has been to Council and OSC countless times to give testimony and nothing has been done to address her concerns regarding the public access at Larsen' s Beach and various historic trails . Vice Chair Figaroa stated that he understands her frustration but the issue she is talking about has to do with the State trails. Ms. Kallai stated that its part of a network. The County has the Mauka/Makai and the State has the lateral. if the lateral is cut off it forces more traffic on the Mauka/Makai and at Larsen' s beach the public is restricted to a steep trail that cannot be used and the trail that was accepted as a public trail is currently closed off. Vice Chair Figaroa stated that the OSC is just a recommending body and whatever she presents to them it will be presented to Council. But if it' s a State issue she should approach the State and voice her concerns there or when OSC is ready to present its report to the County Council she could voice her concerns based on the contents in the report. Page 9 of 12 Chair Gegen stated that one issue that was brought up was Kaakaanui (aka Larsen' s Beach) in which the Administration was going to consider the possibility of having the Boy Scouts maintain the trail. Ms. Kallai stated that the Mayor told her that he was going to work on it but that was three years ago just like Kau 'pea Ms. Kallai asked if she could talk about Kau 'pea in which Deputy County Attorney Jung stated that the discussion can be placed on the September agenda after he meets with their attorney from Honolulu. Chair Gegen asked Ms. Kallai when she is ready to send another letter to the Mayor that she cc ' s the Commission so that they can have a record of her letter for their files. Ms . Sadora stated that the letter can be addressed to the OSC and circulated. She noted and information that comes in by either email or letter with a cc to the Commission will be shared with accordingly. Commissioner Blake pointed out that it is his understanding that Falko has a piece of land for sale. He asked whether the easement is located the land. Ms. Kallai stated yes and that the easement in question is located in Waipake. She noted that someone in the community wanted the parking lot to be located on Koolau Road which is a mile away from the beach and that is the reason why she wants a chance for community input before anything is finalized. Deputy County Attorney Jung noted that for this particular issue Council has requested that the easement issue come before them. Commissioner Blake noted that it was mentioned that the Alaloa Trail has to go before the State Historic Preservation. Ms. Kallai stated that when the kuleana' s was relocated from the stream valley to the bluffs for house site rights. The State reserved a ten foot wide trail known as the ancient Alaloa Trail as stated on the deed. In 2008 there was a civil stipulation filed with verbiage that says "the State has reserved a ten foot wide ancient trail reservation" this is what they are asking the State to locate. Commissioner Blake asked if it has to go through the Historic Preservation. Ms. Kallai stated that it would seem that way because the Alaloa in this district has an archeological site number. Commissioner Blake stated that his concern is that the State Historic Preservation is becoming non-existing. Deputy County Attorney Jung explained to the Commission that the County has an issue where there' s a title to a private property and that the State has a particular stipulation for dismissal that originated out of a Quiet Title action relative to the kuleana lots . He further explained that the State reserves the right to claim which is the "key word" because what ' s on the title is reflected in the deed. He stated that if someone wanted to say that the State has an interest they would have to go and quiet that title in order to make it clear through a court action that there is something that exists that should be noted on the deed. Technically, one would have to go through a court action to achieve these results. In regard to the Hapa Trail case he believes it is completely distinguishable because there seems to be a constant referral to the trail. He stated that the Hapa Trail has filed a Land Court Certificate that is vested in the State. He indicated that the State made an error in the past in which their Resolution basically states "okay it' s a road in limbo so County you take it". In regard to the exact location of the Alaloa Trail the State would have to come in and file an action to stake a claim against the landowner to establish the Alaloa. It is a lengthy process because the State Page 10 of 12 cannot just take it and if it does the State is subject to certain actions by the landowner. Deputy County Attorney Jung stated that there is a process in place which he felt was missing and that there seems to be some miss information from Ms. Kallai. He noted that because the process is critical he has asked the State AG to provide an outline of the process in their response because there may be missed information going back and forth. Commissioner Lydgate voiced his support that all public testimony should be recorded. G. COMMISSION EDUCATION 1 . Public access workshop a. Presentation by Planning Department regarding conditions, dedications, and entitlements through Subdivision and Special Management Area processes. On a motion made by Commissioner Lydgate and seconded by Commissioner Hayashi to defer Item G. 1 (a) to its meeting in September, the motion carried unanimously by voice vote (7: 0) H. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Gegan announced that next meeting will be on Tuesday, September 12, 2013 at 1 : 00 P.M. Chair Gegen noted that he would like to discuss the possibility of pursuing public access at Pa'paa Bay and requested a map of the area. He also requested that Staff provide additional information on Kau `pea and that the Commission continue its discussion about a possible resolution for Alaloa in September. Deputy County Attorney Jung stated that the resolution will be dependent on the State because it' s a State issue. He stated that if the Commission wants to force the State it can by putting pressure on the State but ultimately the State will make the calls it feels it needs to make. He noted that it really comes down to what the State decides on whether or not they are willing to expend their resources to fight the landowner to establish or re-establish the trail. Chair Gegen asked whether the Commission will have a response back by August 2151 when the issue goes before the Planning Committee. Deputy County Attorney Jung stated that he is hopeful that the State will send its response by the 2151 Ms . Sadora informed the Commission that due to Commissioner Child's re-location to Maui he will be resigning from OSC effective immediately. Chair Gegen asked if there will be a certificate of appreciation send to Commissioner Childs . Ms. Sadora said yes and that she will prepare the certificate. Chair Gegen asked if the process has begun to look for his replacement. Ms . Sadora stated that a communication was sent to the Office of Boards and Commissions informing them of the vacancy. Page 11 of 12 1. ADJOURNMENT At 3 : 10 p.m. Chair Gegen called for a motion to adjourn the meeting. On a motion made by Commissioner Nakahara and seconded by Vice Chair Figaroa to adjourn the meeting, the motion carried by unanimously by voice vote (7: 0) Respectfully submitted by: Mercedes Omo-Yours, S pp rt Clerk Approved as circulated on: ( ) Approved as amended on: see meeting minutes of: Page 12 of 12