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HomeMy WebLinkAbout2015-11-12OpenSpaceMinutesApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Public Access, Open Space and Natural Meeting Date November 12, 2015 Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/213 Start of Meeting: 1:05 p.m. End of Meeting: 2:30 p.m. Present Members: Vice Chair Joseph Figaroa, Linda Dela Cruz, Teddy Blake, Jett Jasper, Randall Blake Also present: Planning Department Staff: Nani Sadora; Boards and Commissions Staff: Administrator Jay Furfaro, Support Clerk Darcie Agaran Excused Patrick Gegen, Shaylyn Kimura, Karen Ono Absent Dorothea Hayashi rt.. f .r. . .. r, .. i t S SUBJECT DISCUSSION ACTION Call To Order The meeting commenced with a roll call of the Commissioners and Planning Vice Chair Figaroa called the meeting to order at Staff. 1:05 p.m. with five (5) Commissioners present constituting a quorum. Approval of Vice Chair Figaroa noted that there is only one (1) item on the agenda. Agenda Announcements Ms. Sadora announced that the Commissioners who reported that they would not be in attendance for the meeting were Chair Gegen, Commissioner Ono, and Commissioner Kimura. She added that Commissioner Hayashi thought the meeting was next week, so Commissioner Hayashi would be absent as well. Ms. Sadora also announced that Deputy Planning Director, Kaaina Hull, will be attending all of their meetings moving forward; however, he was attending a conference in Portland along with Deputy County Attorney Jodi Higuchi- Sayegusa, so they would not be present for the meeting. Ms. Sadora added that Mr. Hull wanted her to announce that they have a soft draft of the rules for the acquisition process for the Commission. It will be provided to the Commission at the December meeting where it will be listed Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 OM SUBJECT DISCUSSION ACTION as an agenda item for discussion. Approval of Minutes of October 22, 2015 Item was deferred to the next meeting. Meeting Minutes The meeting minutes were not available, so it will be placed on the next agenda. Receipt of Items There were no items to receive for the record. for the Record Public Comment All public testimoU pursuant to HRS 92 (Sunshine Law) There was no public testimony. New Business Compilation and evaluation of 2015 public input process and the development of a biennial list of priority projects and 2015 Report to the Kauai County Council and the Mayor. Ms. Sadora handed out a couple of spreadsheets to the Commissioners, which were compilations of the surveys that they received during the public input process. She noted that there were two (2) printouts; one (1) was sorted by date, and the other was sorted by project. Ms. Sadora believed that there were a total of sixty -six (66) recommendations that were submitted, which amounted to about twenty -one (2 1) different recommendations. Vice Chair Figaroa asked if Alekoko was on the list due to the most recent activity and if it was gaining public support that way to which Ms. Sadora replied she believes so. Ms. Sadora stated that Ma-lama O Hule`ia is heading some of the clean-up in the area, so they have done quite a bit of Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 Page 3 SUBJECT DISCUSSION ACTION work down there. She will email the Commissioners a link to their website, so the Commissioners can see what Malama O Hule`ia is doing. Ms. Sadora believes that Ma-lama O Hule`ia might be looking to the Commission at some point for the Commission to consider Alekoko as a priority project. From her communications with some of the parties involved, Ma-lama O Hule`ia is currently communicating with the landowner, and they seem to be on good terms. Commissioner Jasper asked if the Menehune Fish Pond is privately owned to which Ms. Sadora replied that it is owned by Okada Trucking. Commissioner Jasper asked if they own the whole fishpond to which Ms. Sadora replied the entire parcel or property. Commissioner Jasper asked if it is zoned Conservation to which Ms. Sadora replied yes. Looking at the spreadsheet sorted by project, Vice Chair Figaroa asked if Hoban fell off of the list to which Ms. Sadora replied that she doesn't think it was a recommendation from the public. Ms. Sadora added that it may be because the public might know that there is current activity with the property. She noted that she doesn't recall it being a recommendation to the Commission in years past. It was more so infonnation that the Commission knew from past Commissioners and past reports. Vice Chair Figaroa stated that it was included on their past recommendations list. Ms. Sadora stated that was correct because there was activity that they Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 owme SUBJECT DISCUSSION ACTION knew of without it being a priority project. She noted that the list she distributed was generated from the survey responses. She explained that the all of the survey responses definitely do not need to be on their recommendations list. Vice Chair Figaroa stated that because they have submitted a response to what they would like to see happen with Hoban, it doesn't prevent Hoban from remaining as a priority project because it is to inform Council that it is the highest recommendation that the Commission would like theirs to pursue. Ms. Sadora noted that she thinks it would be good for the Commission to include it because they will be providing a write -up regarding their recommendations. Vice Chair Figaroa asked for the top five (5) recommendations in the previous report to which Ms. Sadora replied that the Commission didn't list the recommendations by priority. Instead, they listed the properties that were in the dossier process. Ms. Sadora noted that the list included Hoban, Salt Pond Beach Park, Kauapea, Papa`a Bay, and Kaakaaniu. She stated that the Commission also listed projects that were previously discussed, but on hold during that tune. Those projects were the restoration and expansion of the shoreline access of Lawa`i Kai to Port Allen, the proposed Piwai (Oma`o) recreation area, and the Kaneiolouma Heiau Complex. Ms. Sadora stated that she will make a copy of their recommendations list that they include in their report, as well as a copy of their primary recommendations from 2013. Commissioner T. Blake asked if there is any information or update on the wahi pana at Kiahuna to which Ms. Sadora replied that Deputy Attorney Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 P SUBJECT DISCUSSION ACTION Higuchi- Sayegusa is doing the work up for it. Commissioner T. Blake asked if Ms. Sadora and Deputy Attorney Higuchi- Sayegusa are working on the acquisition plan to which Ms. Sadora replied yes. Commissioner T. Blake asked if it was still in the process because it wasn't listed in the spreadsheet they received. Ms. Sadora stated that the Commission's discussions may not appear in the survey they received. She reiterated that the two (2) spreadsheets the Commission received is the public's input. Ms. Sadora added that what they talk about on the floor can still be part of their recommendations. Commissioner T. Blake asked if it was still valid to which Ms. Sadora replied yes. Commissioner T. Blake asked if Queen's Bath will be on the list to which Ms. Sadora replied that it is up to the Commission. Commissioner Jasper stated that he visited Queen's Bath two (2) weeks ago, and witnessed what Mrs. Rowe was talking about at the previous meeting. He noted that cars were parked all over the place and it was a mess. Commissioner Jasper stated that he walked down to Queen's Bath, and there was a mass amount of visitors jumping in the water with no lifeguard present. He added that it is kind of dangerous there. Ms. Sadora noted that if properties they have previously discussed are not on their recommendations list now, it does not mean that they aren't able to take action on it outside of the report period. She stated that in their Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 SUBJECT DISCUSSION ACTION recommendations, the Commission needs to be clear in saying to Council and Administration that they are supporting those priority projects. She added that it was the wish of the Commission to include an acquisition plan with their recommendations. Ms. Sadora stated that it may be a possibility to include a separate section that explains other projects that the Commission is working on, and explains the status of those projects. She noted that it doesn't have to be a recommendation. It can be something that's highlighted to show the Commission's progress. Vice Chair Figaroa agreed with the idea of including a separate section to explain other projects that the Commission is working on. He felt that it would prepare them for Council's questions. Commissioner T. Blake stated that he would like to make a motion to attach the list of properties that Ms. Sadora spoke about to the spreadsheet that was provided to the Commission. He wanted everyone to know that there are some projects that they are currently working on. Commissioner T. Blake mentioned that he visited Queen's Bath as well. He met with Mrs. Rowe and explained to her that it was his first time there. Mrs. Rowe asked him why and Commissioner T. Blake replied that growing up on the island, your parents would inform you of the places where you shouldn't go. He stated that there may have been, but he has never heard of any local resident drowning there; probably because they were raised the same way that he was. Commissioner T. Blake stated that he asked Mrs. Rowe what would be the reason to acquire the property there. He explained to her that he is not a legal expert, but if it's exclusively for Queen's Bath, then it wouldn't be a smart hove because the liability would be placed on the County. Public Access, Open Space & Natural Resources Preservation Fund Cominission Regular Open Session November 12, 2015 Page 7 SUBJECT DISCUSSION ACTION Commissioner T. Blake stated that he received information regarding the history of the area from the Administrator of Boards and Commissions, who has intimate knowledge from residing there and being the former manager for Princeville. Commissioner T. Blake explained that after the hurricane, the property was supposed to be conveyed to the Community Association, but they rejected it. The Community Association wanted the property to be cleaned up first, and then they would accept it, so that opportunity had passed. He stated that the property is a valley, so in his opinion, he doesn't see the public benefitting from it. Commissioner Jasper agreed with Commissioner T. Blake. Commissioner Jasper stated that he believed it is only a matter of time before the County discontinues the access to Queen's Bath. Ms. Sadora explained that they wanted to target the day's agenda towards getting the priority recommendations list together due to their timeline. She reassured the Commission that the Queen's Bath issue will remain as an agenda item, but it may not come up again until January; unless the Commission is looking at it as a possible recommendation or priority Ms. Sadora left the meeting at 1:25 p.m, project for the report. In looking at the spreadsheet, Vice Chair Figaroa stated that he is not in support of access all year round to the A &B /Kaua`i Coffee property, and he does not think it should be listed as one (1) of their recommendations. He explained that he has been hearing A &B's announcements on the radio regarding the access being open for the season, which he feels is generous of them. As they have discussed in previous meetings, there are the issues of liability, trespassing, as well as overfishing in the area. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 am: SUBJECT DISCUSSION I ACTION Commissioner T. Blake stated that the access is completely restricted from Lawa`i Kai to Hanapepe Bay. He explained that it is a long stretch of coastline which includes three (3) ahupua`a's; Lawa`i, Kalaheo, and Wahiawa. Commissioner T. Blake stated that restricting the access goes against the PASH (Public Access Shoreline Hawaii) ruling which is very specific about keeping accesses open for cultural and religious purposes. The current procedure to gain access is to pay a fee and provide your name, phone number, and proof of insurance to Kauai Coffee to obtain a pen-nit. Commissioner T. Blake believes that the tunes they allow access is from 6:00 a.m. to 10:00 p.m. He explained that the issue is that certain cultural practices can only be done in the early horning hours, so the timeframe restricts that. Commissioner T. Blake expressed his concern for the older generations. It became more difficult for them to access areas that they have been accessing for years. Commissioner T. Blake stated that Na Ala Hele Advisory Council has been working on this issue for about six (6) months now. They compiled a list of families who access that area, what part of the coastline they go to, and their reason for access; whether it's for `opihi, kupe`e, or fishing. Vice Chair Figaroa felt that it would not necessarily be part of their recommendations list for acquisition, but it could possibly be placed on another list. Commissioner T. Blake stated that Na Ala Hele is not concerned about acquisition. They are concerned about gaining access. He agreed that he does not want to acquire this property because it will be difficult. Commissioner T. Blake added that Na Ala Hele will present a neutral presentation requesting certain things, but if it doesn't happen, then they will use all of their cultural tools to gain access because the coastline Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 Page 9 SUBJECT DISCUSSION ACTION belongs to everyone. Vice Chair Figaroa stated that he felt that Hoban should be on the top of Ms. Sadora returned to the meeting at 1:37 p.m. the recommendations list. Ms. Sadora asked if the Commission wanted to follow the same format as their 2013 report for their current report. She noted that it seemed to have been okay with Council when it was shared. Vice Chair Figaroa stated that he had no objections. Ms. Sadora added that although they didn't necessarily list their recommendations by priority, it was interpreted as the first on the list was the highest recommendation that the Commission supported. She noted that the Commission listed their recommendations by priority previous to the 2013 report. Vice Chair Figaroa shared his experience with presenting the report to Council. He stated that Council seems to really focus on the Top 5 recommendations. Vice Chair Figaroa suggested to produce their "Top 5" list with properties that are on the verge of being obtained to provide that extra motivation to "tie up loose ends ". His suggestions were the Hoban property, Kaneiolouma, Papa`a Bay, and Kauapea. Commissioner T. Blake asked if they were just recommendations to which Vice Chair Figaroa replied yes. Commissioner T. Blake asked if the recommendations needed to be prioritized. Vice Chair Figaroa stated that the Commission is focusing on Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 MWOM SUBJECT DISCUSSION ACTION numerous projects, so the list of recommendations is showing Council what their main focus is. Commissioner T. Blake asked if they are presenting properties that are currently in the acquisition process to which Vice Chair Figaroa replied not necessarily. Vice Chair Figaroa stated that their recommendations should be properties that the Commission is focusing on, and what the Commission would like Council and Administration to focus on as well. Commissioner T. Blake asked what the criteria is for a property to be considered as a top priority to which Ms. Sadora replied that there is the list of nine (9) different criteria where the recommendations must meet at least one (1) of them. She noted that there may be properties that do meet the criteria; however, the Commission must decide if it's something they want Council or Administration to consider for purchase. Ms. Sadora mentioned that the Commission needs to look at how to best utilize the Open Space fund. She added that the Commission utilized a point system in the past. However, she noted that they strayed from that process because they were no longer looking at new projects. They basically provided an update to Council on existing projects. Ms. Sadora stated that the point system was the Commission's own internal process that they created. Commissioner R. Blake asked if there was a reason they had to have five (5) priorities to which Vice Chair Figaroa replied that in the past, they had more than five (5) recommendations, so Council requested for the Commission to narrow it down to five (5). Commissioner R. Blake asked if they could come up with four (4) instead to which Vice Chair Figaroa replied yes. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 Page 11 SUBJECT DISCUSSION ACTION Commissioner R. Blake stated that in the back section of the 2013 report, the Hoban property was on the Commission's priority list for ten (10) years and nothing has happened yet. He suggested to include the number of years a property has been recommended in their current report. Vice Chair Figaroa agreed with Commissioner R. Blake's suggestion, stating that it is a very key factor and that he would greatly appreciate it being in the report. Ms. Sadora stated that it could definitely be part of the write -up. Ms. Sadora added that although they are entertaining the priority projects that have more traction, it doesn't mean that the public's input shouldn't receive that kind of attention as well. She encouraged the Commission to take into consideration the public input that they received, and reminded them that the public took the time to complete the survey, so they wouldn't want the Commission to ignore their suggestions. Ms. Sadora stated that if the Commission decides not to send the public input forward as recommendations, it will still be part of their report process for the year. The report will include the amount of surveys received and the different projects or areas that the public is interested in. Vice Chair Figaroa suggested adding Alekoko as one of their recommendations since there is public support. Ms. Sadora stated that they could have a discussion regarding Alekoko to provide an update on the Commission's knowledge. She added that they can provide some background on it, so the public is aware that the Commission is cognizant of this property. Ms. Sadora stated that it doesn't Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 Page 12 SUBJECT DISCUSSION ACTION have to be a recommendation, but the Commission could list it, and provide what they know and the information that was submitted from the public. Vice Chair Figaroa felt that their current recommendations could remain the same from their 2013 report. Commissioner Dela Cruz mentioned that the Administration was working on the Salt Pond issue, so the Commission placed it on hold until they could get more information. Commissioner R. Blake suggested to remove Salt Pond as a recommendation and place it on the "on -hold" list. Vice Chair agreed and suggested to replace it with Alekoko. Commissioner R. Blake stated that he agreed. Ms. Sadora infonned the Commission that there is no new update for Kauapea. She noted that it is still in the dossier process, but is being managed by the County Attorney's Office. There is an issue with the landowners, so Ms. Sadora suggested to place Kauapea on the "on- hold" list due to it not being ready to move. Vice Chair Figaroa agreed that Kauapea could be placed on the "on- hold" list, and include Alekoko as a recommendation instead. Commissioner T. Blake asked if the "on- hold" list will be the priority list to which Vice Chair Figaroa replied yes. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 Page 13 SUBJECT DISCUSSION ACTION Commissioner T. Blake asked if Malama Hulei`a made a formal presentation to the Commission regarding Alekoko to which Ms. Sadora replied no. Commissioner T. Blake asked if they are able to be in the priority list without leaking a formal presentation to which Ms. Sadora replied that it is up to the Commission. Commissioner T. Blake felt that it would be in the best interest for the Commission to hear what Malama Hulei`a's plans are before placing there on the priority list. He stated that he is looking at keeping the agenda workable and focused. Ms. Sadora stated that the Commission's list of priority projects shouldn't be based on the value or cost of a property because there are other sources of funds. She reiterated that it should be based on whether or not it meets one (1) of the nine (9) criteria of their ordinance, and whether or not the Commission supports it. Vice Chair Figaroa stated that Council is aware of funding sources that the Commission does not know of. He added that Council previously informed the Commission that although some properties may be costly, they should include it on their list if they felt it was a high priority. Ms. Sadora stated that the Commission could still decide to include Alekoko as a recommendation, and they could do an acquisition plan as well. She added that the write -up could state that they are waiting for additional information from community groups that are supporting it. Ms. Sadora stated that there are community groups that are very strong and they Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 Page 14 SUBJECT DISCUSSION ACTION are taking projects a lot further than the Commission ever could, which is a positive thing. Ms. Sadora informed the Commission that they need to look at all of the factors when they are generating their list. They need to be able to explain why they are supporting those on the list. Based on what the Commission found out, Vice Chair Figaroa suggested to place Kauapea, as well as Papa`a Bay on the "on -hold list ". Ms. Sadora suggested to provide updates in their report regarding past recommendations because the Commission may be questioned on it. Vice Chair Figaroa agreed. Ms. Sadora stated that the report will continue to have the list of recommendations from 2005 to current. Commissioner T. Blake suggested to have a "sub" list along with the priority list for the public to have a clear understanding. The "sub" list would include recommendations that the Commission is still working on. The priority list would include the projects that the Commission has done their due diligence on. He stated that the public might misinterpret the terminology when they say something is on their "priority list ". Vice Chair Figaroa asked for the Top 4 projects that have gained momentum when it comes to the acquisition plan, besides Hoban. Ms. Sadora replied probably Waipa; however, it is currently on hold. She noted that the Evslin property made it through acquisition, but the Commission Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 Page 15 SUBJECT DISCUSSION ACTION decided that wasn't what they wanted. She added that Kaneiolouma is ready to go as well, but they are just waiting for traction to happen from the community group. Ms. Sadora stated that although it was said that an acquisition plan was to be provided with the recommendations, it doesn't mean that those properties with acquisition plans have to be the Commission recommendations. She added that the recommendations list should be based on what the Commission feels is the best list to put forward. Ms. Sadora stated that it is key to list some projects that are almost "trigger ready ". That would include projects that the Commission has done their part on and projects that are ready to have some kind of movement. It does not have to be a set number of properties. Commissioner T. Blake asked if they can list their recommendations for acquisition plans to which Ms. Sadora replied yes. Vice Chair Figaroa asked for the four (4) "trigger ready" projects from the Staff's perspective to which Ms. Sadora replied Hoban, Waipa, Kauapea, and Kaneiolouma. Commissioner R. Blake asked if the report could include past recommendations that have been acted on and acquired to which Vice Chair Figaroa replied yes. Ms. Sadora noted that the only property that has been acquired was Black Pot. Commissioner R. Blake noted that it took nine (9) years to acquire Black Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 SUBJECT DISCUSSION ACTION Pot, so he felt that by including it in the report, it could demonstrate to the public that the process does takes a while to complete. Commissioner Jasper asked if the recommendations will be listed from most important to least important to which Vice Chair Figaroa replied no, it will not be listed by priority. Commissioner R. Blake stated that he would like to see some kind of clarification in the report that states the recommendations are not listed in any priority order. Ms. Sadora stated that could be done. Vice Chair Figaroa suggested to present the four (4) "trigger ready" projects as their priority recommendations. Commissioner R. Blake and Commissioner Jasper agreed with Vice Chair Figaroa. Ms. Sadora asked if the public input was going to be a part of the report to which Vice Chair Figaroa replied yes. Ms. Sadora suggested to include other projects that the Commission has talked about during the year. She stated that she will work with Deputy Attorney Higuchi- Sayegusa to generate a write -up for those projects. Ms. Sadora stated that it would be important for the Commissioners to receive the rules for the acquisition process. She added that they will be able to examine the first draft of the report at the next meeting. Ms. Sadora Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 Page 17 SUBJECT DISCUSSION ACTION reassured the Commissioners that if they have anything they want to add in the next few weeks, they can and she will work on the write -up. Commissioner T. Blake moved to include Hoban, Waipa, Kauapea, and Kaneiolouma on the Commission's priority recommendations list. Commissioner Jasper seconded the motion. Motion carried 5:0 Next Meeting Ms. Sadora announced the next meeting date is Thursday, December 10, Date and 2015, at 1:00 p.m. at the Mo'ikeha Building — Meeting Room 2A/2B. Agenda Topics for Discussion Ms. Sadora provided the October meeting agenda for the Commission to review to come up with the next meeting's agenda topics. She felt that having one (1) meeting in December would be sufficient. Commissioner R. Blake announced that tentatively, he will not be in attendance at the next meeting. Vice Chair Figaroa stated that everything on the October agenda will be placed on the December agenda. Commissioner Jasper asked about the presentation to Council to which Vice Chair Figaroa replied it will be in approximately two (2) months. Commissioner Jasper stated that he will volunteer to present to Council. Vice Chair Figaroa stated that they will present together. Commissioner R. Blake requested to add review of the public input sheets on the next agenda to which Ms. Sadora replied that it is part of the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session November 12, 2015 SUBJECT DISCUSSION ACTION Commission's report process, so it will continue to be on the next agenda. Vice Chair Figaroa asked if more information on the wahi pana be available at the next meeting to which Ms. Sadora replied yes. Commissioner T. Blake asked if it would proper for the Commission to respond to Mrs. Rowe to which Vice Chair Figaroa replied that it is on the next agenda. Ms. Sadora explained that the agenda item will be to continue discussion on the matter. She stated that the Commission requested for Staff to do additional research and provide information regarding the Queen's Bath area. Ms. Sadora noted that she received information from Administrator Furfaro that will be forwarded to the Commissioners. She added that after the Commission decides how they want to move forward, then communication can be sent to Mrs. Rowe to inform her of the outcome. She also noted that the Department will need to respond to Councihmeimber Hooser as well. Adjournment Vice Chair Figaroa adjourned the meeting at 2:30 p1m, Submitted by:/ " v"" 2W= rrcie Ag ran, Staff Support Clerk () Approved as circulated () Approved as amended. See minutes of meeting. Reviewed and Approved by: r. Joseph Figaroa, Vice Chair