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HomeMy WebLinkAbout2015-6-25OpenSpaceCommissionMinutesCOUNTY OF KAUAI C �J' Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date June 25, 2015 Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:07 p.m. End of Meeting: 2:53 p.m. Present Members: Chair Patrick Gegen, Joseph Figaroa, Dorothea Hayashi, Randall Blake, Karen Ono, Linda Dela Cruz Also present: Deputy County Attorney Jodi Higuchi Sayegusa; Planning Department Staff: Nani Sadora, Duke Nakamatsu; Boards and Commissions Staff: Administrator Jay Furfaro, Support Clerk Darcie Agaran Excused Shaylyn Kimura Absent Teddy Blake SUBJECT DISCUSSION ACTION Call To Order The meeting commenced with a roll call of the Commissioners, Planning Chair Patrick Gegen called the meeting to order Staff, and the Deputy County Attorney. at 1:07 p.m. with six (6) commissioners present constituting a quorum. Approval of Being that there were no suggestions for revisions to the agenda, Chair Gegen Agenda stated the agenda will stand as -is. Announcements Ms. Sadora shared that the Commission had an item up on the Council Committee meeting's agenda yesterday. It requested the attendance of Planning Director Michael Dahilig, along with the County Attorney's office, to give a presentation or dialogue with the Council on the Commission's process for acquisition and the process for eminent domain. Ms. Sadora encouraged the Commissioners to watch it online, or on Channel 52 or 53. At the Commission's discretion, she can put it on the agenda for the next meeting, so they can have dialogue on it. Chair Gegen asked if Attorney Higuchi- Sayegusa represented the Commission at the meeting to which she replied County Attorney Mauna Kea Trask was present to talk about eminent domain. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 2 SUBJECT DISCUSSION ACTION Approval of Minutes of April 9. 2015 Minutes Minutes of May 14, 2015 Commissioner R.Blake moved to approve the April 9, 2015 and May 14, 2015 meeting minutes. Commissioner Dela Cruz seconded the motion. Motion carried 6:0. Receipt of Items There were no items to receive for the record. for the Record Public Comment All public testimony pursuant to HRS 92 (Sunshine Law,) There was no public testimony. Unfinished Business G.1. Update on recommendation to County Council for condemnation resolution 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 and discussion on alternative pedestrian public beach access options to Kukui`ula Ba . Attorney Higuchi - Sayegusa stated that after speaking with County Attorney Trask, she understood that the plan was for County Attorney Trask to initiate a conversation with Max Graham, the landowners' representative. She understands there's Council interest, as well as Administration interest, so it's a matter of picking up the ball and starting the lines of communication to move forward; whether it's through the formalized eminent domain process or whether they could somehow work out a friendly acquisition or even center around an amount. Ms. Sadora added that this is one (1) of the Commission's four (4) recommendations for acquisition that the Council touched on at the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 3 SUBJECT DISCUSSION ACTION Committee meeting. During yesterday's presentation, there was dialogue and support from the Council. The Council is in support of this should the only way to proceed is through eminent domain. Ms. Sadora noted that Tessie Kinnaman and Jean Souza attended the meeting to highlight the length of time it has been on the Commission's recommendation list and that it continues to have the Commission's support to move forward in whatever means necessary. Ms. Sadora stated Joann made her own site visit while on the south shore over the weekend, so people were able to see what the area looks like, as far as what gaining that access would provide. Ms. Sadora reiterated that it has support from everyone. Chair Gegen asked if the recommendation they made on January 23, 2014 was forwarded to Council to which Ms. Sadora replied it's in the process. Chair Gegen stated for the record that he hopes future recommendations don't take over eighteen (18) months to be formally recommended to Council because from his understanding, the formal recommendation from the Commission still hasn't gotten to Council. Ms. Sadora stated that Council may not have the recommendation physically, but there's dialogue currently going on. She believes County Attorney Trask made Council realize that waiting for recommendations or information is not the only way they can act. Chair Gegen stated he's looking forward to watching the Committee meeting and finding out what their process is. Ms. Sadora stated they will see good dialogue, but it's still a work in progress. Commissioner Fi aroa expressed his frustration with the lengthy process. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 SUBJECT DISCUSSION ACTION He stated there is no need to determine if this is friendly or unfriendly because the owner has previously said they are not willing to sell. Commissioner Figaroa asked why they are only now discussing moving forward with recommendation for eminent domain when they should've known from the last time. He believes this is stall tactics. Ms. Sadora reiterated that she encourages the Commissioners to watch the meeting. She stated that when this body was created, it was created as an advisory for recommendations, and that's all they saw at that point. So there has been no definition of process beyond the Commission making a recommendation in their biennial report. Ms. Sadora stated that because the fund has grown to where it is now, that's a dialogue that needs to take place and it's actively being reviewed. She added that Mr. Dahilig took the responsibility of looking at how it's going to be better. Ms. Sadora reiterated that it's a work in progress and that it has to be figured out now because their recommendations are now in the public even before their report goes out. She will ensure that it's an agenda item for the next meeting so the Commission can have dialogue of what they want brought back to the Department and what Attorney Higuchi - Sayegusa can take back to the County Attorney's Office, so a formulated outline process can be produced. Commissioner Figaroa stated he agrees with Ms. Sadora, and that his frustration is coming from the fact that they spent approximately $10,000 to $15,000 to put an acquisition package together, but it became obsolete over time and then the prices needed to be renegotiated. He asked what the purpose was for discussing a process if it's never going to leave the Department because it's not the first time they've discussed the process. According to his knowledge, they have a dossier process. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 5 SUBJECT DISCUSSION ACTION Ms. Sadora stated that this case is a little different because it's talking about eminent domain. She added that the Commission has done their part and taken it as far as they could, so now it becomes someone else's duties to ensure that there is due diligence done that it would make the best sense to be able to go down that road. Ms. Sadora stated that some of the challenges as far as looking at that as the next steps for an acquisition to happen were shared with Council. Chair Gegen suggested that having a flow chart would be helpful because the whole process right now is fuzzy. Ms. Sadora stated there is no process and suggested to make it an agenda item so the Commission can discuss it: Chair Gegen stated if nothing else, at the next meeting they should try to come up with a flow chart to identify how items should proceed to Council, and to iron it out as quickly as possible so they're not frustrated for another couple of years. Commissioner Figaroa stated his frustration is just one little part, but in the end, he doesn't believe there is any political will for this. G.2. Review and discussion on 4.860 -acre archaeological parcel in Po`ipu located at TMK: (4) 2 -8- 031 -199. Ms. Sadora believes this will be deferred since Commissioner T. Blake is not present. Chair Gegen asked for the status on this to which Ms. Sadora replied Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 6 SUBJECT DISCUSSION ACTION they're still looking at it, and she believes they are also looking at how and who to contact, as far as the owners of the property. She added that a lot of this has been sitting with Commissioner T. Blake, so she's not sure if he has an update beyond that. Ms. Sadora stated she's assisting him in whatever capacity he needs her to go, but majority is driven by his input. Chair Gegen asked if this is how the Commission works where an individual Commissioner takes the lead on something like this to which Ms. Sadora replied he's gathering the information and reporting back to the Commission to decide, as a body, how to proceed. Chair Gegen thought that since the property was brought to the Commission, once it becomes the Commission's then it's an agenda item and he thinks the Commission would take the formal steps instead of relying on another Commissioner to handle it. He's wondering, between the Planning Department and the County Attorney's Office, if they could identify who the owner was to reach out and see if they're interested in selling as a formal process. With all due respect, Chair Gegen's positive that Commissioner T. Blake is doing what he can, but at this point, Chair Gegen feels it belongs to the Commission. Commissioner Figaroa stated that he thought this was lower on their priority list because the owner can't develop on that piece of land. Chair Gegen agreed, but nonetheless, he feels it would be beneficial to find out if the owners are looking at selling. He stated the owners know they can't develop on it, so maybe they're willing to sell at a cheap price and he would hate for that opportunity to pass. Chair Gegen stated that it's a recommendation the Commission has looked at, he thinks there is value in Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 7 SUBJECT DISCUSSION ACTION it, so they can at least find out if they're willing to sell and then they can start making decisions. Chair Gegen asked if it made sense to the Commission to which Commissioner R. Blake replied he would rather wait to hear from Commissioner T. Blake before they take any further action. Commissioner R. Blake recommends that they keep it on the agenda as an item until they receive further correspondence from Commissioner T. Blake. Chair Gegen asked for additional discussion or thoughts to which Commissioner Hayashi stated she is in agreement with Commissioner R. Blake. Chair Gegen stated he was confused and asked if the Commission is - looking at purchasing the property or if another community group was also looking at purchasing the property. Commissioner Figaroa replied according to his knowledge, Commissioner T. Blake was presenting an opportunity. Commissioner Figaroa added that they previously discussed supporting a community group championing this particular parcel. Chair Gegen stated he's fine waiting on an update from Commissioner T. Blake if that's the direction the Commission is going. Commissioner Hayashi stated she doesn't think it's a high priority and Chair Gegen agreed. She added they just went to look at the property, so she would like to give Commissioner T. Blake an opportunity to report back to the Commission. Chair Gegen stated they will wait until Commissioner T. Blake can provide Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 SUBJECT DISCUSSION ACTION an update. G.3. Update on vacant commissioner position. Ms. Sadora stated there is no update on the vacancy that is currently with Council. Chair Gegen asked if the vacancy with Council is the at -large position to which Ms. Sadora replied yes. Commissioner R. Blake asked if Council is aware of their vacancy to which Ms. Sadora replied yes. Ms. Sadora stated that at last communication with Council, they were working on budget, so they haven't received any candidates yet and they haven't had the opportunity to look for candidates. GA. Review and discussion on past recommendations and prioritization of the Commission's work plan/timeline of events and activities including Mreadsheet of Commission's task list. Chair Gegen asked if there was anything specific they'd like to address to which Ms. Sadora replied she thinks this is a window they can keep open to be able to talk about anything pertaining to past recommendations, and the Commission could use it to put a timeline together on their biennial report and what their mechanisms will be this year to look at public outreach. Ms. Sadora stated this is about the time they started to put out the survey and PSA. They haven't taken the survey off the online process, but they have not received anything for it or any information for it, so she thinks they need to send out a reminder, and organize a timeline for when Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 mom SUBJECT DISCUSSION ACTION the Commission would be able to go out in the community. Regarding public outreach, Ms. Sadora noted that they previously went to the farm fair, sent hard copies to the library; or they could put in a newspaper article, update the online survey to run for a certain period of time. Chair Gegen asked if there were any thoughts on doing public outreach or how they should look at getting other suggestions for additional parcels to which Commissioner R.Blake asked if the Commissioners are allowed to go on the radio. Ms. Sadora replied that she thinks they could, but she can double check. Commissioner R. Blake brought up the farm fair. Ms. Sadora stated they did the farm fair two (2) years ago and that they had a lot of success in traffic, but not a good representation of information. The community provided some input, but it didn't fulfill the purpose of the Commission's mission. It gave the Commission a little bit of public eye, but they were more interested in the product that was being handed out versus what their purpose was. Commissioner R. Blake asked if it was a failure of the process of how they went about it to which Ms. Sadora replied no. Ms. Sadora stated that she thinks most people aren't there to spend time to listen to the Commission and offer their input. However, there were some that had true interest and took the time to complete the survey. Ms. Sadora would estimate that of the 300 -400 they collected, maybe 10 or 20 of them were true recommendations. Chair Gegen added that there were probably only a couple of new parcels that the Commission hadn't thought about that weren't currently on the list. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 I'._- 1 SUBJECT DISCUSSION ACTION Commissioner Hayashi suggested going out to the different communities instead of doing the farm fair to which Ms. Sadora stated that community outreach meetings were good. Ms. Sadora stated that if the Commission decided to do the farm fair, it would only be for the public's knowledge of who the Commission is; not to solicit for input. Ms. Sadora stated that as far as reaching out into the community, the Commission should dovetail on the meetings they currently have in place, so they'll have an audience that's willing to participate. She added that most of the people that attend their community meetings are concerned about what's going on in their community, so they'll provide you input at that point. Ms. Sadora suggested staying away from doing any public park setting because they'll need to make sure they reach out to the different County Departments that seem to share the spotlight of concerns coming from the community. Commissioner Hayashi asked if only two (2) Commissioners can be present to be in compliance with the Sunshine Law to which Ms. Sadora replied yes, that's how it was done in the past. Attorney Higuchi- Sayegusa asked if the whole meeting was being taken out to the public to which Ms. Sadora replied no. Attorney Higuchi- Sayegusa asked if it was just representatives of the Commission to which Ms. Sadora replied yes. Ms. Sadora stated they've done it in the past where they would communicate with the individual associations of the communities and ask for time on their current agendas to receive public input from their respective communities. Staff and either Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 11 SUBJECT DISCUSSION ACTION one (1) or two (2) members of the Commission would attend these meetings, and bring hard copies of the survey with them that can be handed out to the community or they would encourage completing the survey online. Commissioner Hayashi asked if she would be able to attend the meetings as an individual of a community association when two (2) other Commissioners are present to which Attorney Higuchi - Sayegusa replied yes because she's serving in the capacity as a member of that committee (sic). Chair Gegen added that they would not be making any policy decisions at the meeting and that they would only be gathering information and explaining what's happening. Commissioner R. Blake asked if they could join the Planning Department in the General Plan presentation to which Ms. Sadora replied she'll check with Mr. Dahilig and their Long -Range Planners, but she thinks it would be okay. The Commission's presentation would include introducing their public input process and informing the audience that they're there only to solicit public input. There wouldn't be any dialogue or conversations that would take place. Ms. Sadora stated it would be a good arena to use for getting public input. She stated that she will find out the schedule for the community meetings, and then the Commission can organize the attendance of the Commissioners and Staff. Chair Gegen recapped the discussion stating it didn't sound like there was a lot of emphasis towards attending the county fair this year and he would agree. He suggested getting a couple of acquisitions before going out there Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 12 SUBJECT DISCUSSION ACTION again. Chair Gegen asked Ms. Sadora to find a list of the different community meetings that are being held and check with Mr. Dahilig regarding the General Plan meeting. He suggests attending the community meetings in September and October, so it'll provide the communities ample time to include the Commission on part of their agendas, as well as providing the Commission time to discuss who will go where. Chair Gegen stated if there are Planning meetings before then, the Commission will take any opportunity they can if they can find people to do it. He added that they can inform the public about the form on the Open Space website when they go out to the community meetings. Chair Gegen also stated that if the Commission preferred to, they can run one (1) or two (2) ads for a couple of weeks, asking the public to go to the website. Ms. Sadora stated she'll get a price quote for a newspaper ad and suggested possibly including information in the MidWeek Kauai as well. Ms. Sadora asked Commissioner Ono if she had any suggestions, as far as the realtor side, if the Commission could provide paper surveys and have it be available. She added that the County has a booth at the County Fair, so she will work with the Mayor's Office to see if they can assemble a sign with the surveys to display at their booth and try to push for the Commission to encourage people to complete it. Chair Gegen reiterated that if they attend the meetings in September or October, they will be able to compile the survey results in November and input it into their annual report. Commissioner Figaroa suggested targeting their demographic, such as the Surfrider Foundation, because the clientele is already in tuned. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 13 SUBJECT DISCUSSION ACTION Ms. Sadora stated she was contacted by Carl Berg of the Surfrider Foundation to see how they could partner with the Commission. She added that there's attention on this body, as far as a Commission with acquisitions, so she thinks there is a positive way to use that. Commissioner Ono stated that since this was brought before the County Council, the public will start to wonder what the Commission does, so this will be their opportunity to educate them. Ms. Sadora stated the public received an awareness in yesterday's presentation. There were some community members that testified they never knew how the monies were spent. Commission Dela Cruz asked Ms. Sadora if the monies are divided for different parts of the island to which she replied no, the money is not tied to any area. However, the Commission should ensure that they are fair in how they consider the acquisition of properties to touch all mokus; not just one. Commissioner Dela Cruz asked if they will lose it if it's not used to which Ms. Sadora replied no, it doesn't go away. Chair Gegen stated as long as the Commission only uses it for properties on Kauai or Niihau. Commissioner Hayashi agreed that it would be a great opportunity to educate the public. Ms. Sadora expressed the importance of informing the public at the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 14 SUBJECT DISCUSSION ACTION beginning of the community meetings that not only are they the Open Space Commission, but they're there to look at properties that need to be acquired. If the public has concerns about areas in their community, they could tell them about it, but it's not the arena for discussion. She stated they will conduct a presentation to share a little bit of detail on their public input process and to leave the surveys for the public, and if the public wanted to have dialogue on it, they would have to attend a Commission meeting. Ms. Sadora stated that when they did the initial outreach, they didn't know what to expect, but now they do, so they must gain control of their meetings. Commissioner R. Blake asked if their administrative budget would allow the Commission to produce a video to air on Ho`ike that would discuss what their charter is to which Ms. Sadora replied yes, because their mandate is to solicit for public input. Chair Gegen stated they could do that along with the public service announcements if they choose to. Ms. Sadora stated she would research what the cost would be and how often it would give them the opportunity to run it. To recap the discussion, Ms. Sadora stated she will request Mr. Dahilig's approval to be a part of their General Plan meetings. She added that they can open the online survey period now, and she can work with Mary to get a PSA out. Ms. Sadora stated she's willing to work with Chair Gegen to discuss what was done in the past and see how they can tweak it for this year. The public input period would be September to October and they will vet through the inputs received from October to November. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 15 SUBJECT DISCUSSION ACTION Chair Gegen stated they don't need to make any recommendations right away. All he sees the Commission doing in their annual report is saying that they went to the community between September and October, they received suggestions for old and new properties, and they're looking into the new suggestions. Ms. Sadora stated she'll play around with the idea on how to best use their recommendations for acquisitions to happen because there is some spotlight on the Commission, and how they can generate the report to be a little different from where it is now. Commissioner Figaroa asked if this is the updated report to which Ms. Sadora replied it's their biennial report and their recommendation list. She stated they need to look at compiling a recommendations list that they're looking at action behind it. There is a lot of traction behind the recommendation list that was brought to Council so it should be something that the Commission continues to show support for, as far as acquisition. Commissioner Figaroa feels they can follow through with what was already provided to Council, but basically update Council on what they would like to see, as a Commission, happen with those properties, and also provide them with the new recommendations, but stay focused so there's a follow through. Ms. Sadora agreed. She stated that the biennial and annual status reports include what their recommendations were from years past. And if there was an opportunity to acquire something from the past, there would be dialogue already. Ms. Sadora stated that Mr. Dahilig has instructed them to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 U61 SUBJECT DISCUSSION ACTION put a recommendations list together, so they're going to use the piece that's included in all of their reports. Commissioner Hayashi stated her concern when looking at the agenda is that she feels some properties have disappeared to which Ms. Sadora replied they haven't gone away. Ms. Sadora stated the items on the agenda are only their action items. Commissioner Hayashi mentioned that the group from Kilauea would constantly be there and now that they aren't there, she feels they haven't received any real update. Ms. Sadora stated that it'll be brought to the Planning Commission in August, so she doesn't have an update for them; the last update was in May. She added that that was the purpose of the task list that Chair Gegen wanted to keep because that is what keeps the Commission up to date. Ms. Sadora stated that items may not be on their agenda, but there is still activity happening with it, and it will be back on the agenda when it's ready. G.S. Review and discussion on CGB/Evslin properties further identified as Tax Map Key (4) 1 -3- 005:040.053, and 054. Chair Gegen asked on the status of this item to which Commissioner Figaroa stated he thought they were supposed to take this property off the list. Ms. Sadora stated that because everything was deferred at the last meeting, the agenda was kept the same. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 17 SUBJECT DISCUSSION ACTION Commissioner Figaroa stated that Councilmember Chock asked him about the Evslin property to which he replied the Commission scratched it off the list, so Commissioner Figaroa thinks that the Council is aware of it. Commissioner Figaroa moved to remove the Evslin property from their recommendations list. Commissioner Dela Cruz seconded the motion. Chair Gegen asked if there was any discussion to which Ms. Sadora shared that they sent over a list of recommendations, which included this property, to the Council back in March. And when the presentation was given yesterday, the order of the recommendations were switched. This prompted a request from Council for explanations on how the Commission rates their recommendations and the reason behind it. Ms. Sadora stated that since it became public record and has received attention, the Commission may see activity that will happen with this property. Commissioner Figaroa stated they can still inform Council that the Commission scratched it off the list. Ms. Sadora stated it can be done in their report. Chair Gegen stated that if the Commission is going to scratch it off the list, they should provide justification for not wanting to pursue this property. Commissioner Figaroa stated that after doing the site visit and having discussion, they realized it would be more of a hassle than a benefit. Ms. Sadora stated what the Commission needs to realize is that the budget process brought an awareness to this Commission and attention to the fund. Council requested for the process* when a recommendation is given, what Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 18 SUBJECT DISCUSSION ACTION happens after that. Ms. Sadora stated there was never an outline beyond their recommendation list. The dossier and the acquisition plan was created through the Commission's efforts. Commissioner Hayashi stated that due to the budget cuts, a few west side residents expressed their concern to her that there won't be much funds left to acquire property in their community because they felt that the funds were being spent on other parts of the island. Chair Gegen stated they don't have to limit themselves on recommendations to the money they have available. He heard at Council that if the Commission provides a recommendation for a worthy acquisition, they will find a way to get the funds. Being that there was no further discussion, Chair Gegen called for the vote. Motion carried 6:0. G.6. Review and discussion on access to Lawa`i Kai beach. Chair Gegen stated that there is public access there, not necessarily convenient or potentially safe, but at the same time, there are people who are trespassing. He asked the Commission if this is something that they want to pursue to gain access and if they want to promote to having hundreds of people on that beach every day, considering the animals that are down there. Ms. Sadora stated she overheard a conversation that there was heavy traffic on the NTBG side this past week. With the heavy traffic, you would assume that most of those people were down in Lawa`i Kai, which then you would assume they got there through the area that NTBG is trying to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 19 SUBJECT DISCUSSION ACTION discourage the public from using. Ms. Sadora stated that the approved access is on the west side of their property. Chair Gegen stated that they would need access through the coffee fields. Ms. Sadora agreed saying that that would be the permitting process they would have to go through with A &B. Commissioner Figaroa asked if this access was seasonal access to which Ms. Sadora replied yes. Commissioner Figaroa asked if there was an access issue, since there is seasonal access and a permitting process to which Ms. Sadora replied she thinks this was brought to the Commission because of the public using the old road; the illegal side. Commissioner Figaroa asked if it was the Commission's issue or NTBG's issue to which Ms. Sadora replied its NTBG's issue. Commissioner Figaroa suggested that if it's not their issue, then the Commission can better utilize their energy somewhere else. Commissioner R. Blake stated he doesn't interpret the access as "open access" if you have to obtain a permit. He added that if he needs to obtain a permit during a certain time and certain seasons, that's considered permitted access. Chair Gegen agreed and stated that it's open on the other side, but it's risky. He added that if the Commission decides to create better access to Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 20 SUBJECT DISCUSSION ACTION this property, then they would have to work with the landowners and start figuring out how to do that. Chair Gegen stated that the easiest way for people to get to the property would be using the old road. And again, he posed the question of does the Commission want to open the beach up that much? Commissioner Hayashi recently heard about the permitting process and expressed that it's a difficult process because you need to list who you're bringing with you. Ms. Sadora added that there's a monetary cost as well. Commissioner Figaroa stated they have to think about the conservation issue as well because turtles nest on that beach. Personally, he is in favor of the seasonal access, but he also expressed concern for those who fish for a living that might want additional access. Commissioner Hayashi asked if anyone came forward to testify on this item before to which Commissioner Figaroa replied no. Commissioner R. Blake stated that Commissioner T. Blake brought this property before the Commission and he has identified it as a problem. Commissioner Figaroa stated that he spoke to five (5) fishermen, hardcore fishermen, regarding this particular access. Out of the five (5), four (4) of them told him that they don't mind having to get a permit because some people don't know how to control themselves, so the permit prevents the area from becoming overfished. Commissioner Figaroa stated that these fishermen know how to restrain themselves because it's a cultural thing and they were raised that way. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 21 SUBJECT DISCUSSION ACTION Chair Gegen stated they will leave this item on the agenda, so Commissioner T. Blake will be able to address it and the Commission can understand what his concerns are. G.7. Review and discussion on Kaha Kai Condominium parcel located at TMK: (4) 2 -8- 017:016. Commissioner Figaroa asked if this was the Nukumoi property to which Ms. Sadora replied yes. Ms. Sadora stated that Rupert was at yesterday's meeting as well and he spoke in front of Council. She believes he is taking the lead in communicating with the landowner to discuss what options can be worked out to acquire this property. Ms. Sadora added that this property received a lot of support from Council because of the significance of what has happened there, the cultural ties to it, and the potential economic engine that can provide for Kauai. She stated that County Attorney Trask announced that it must be done in a cultural way, where Uncle Rupert is taking the lead and asking or sort of laying out the timeline of how it will work out. Ms. Sadora reiterated that it has a lot of support from the Administration, Council, and the Department. However, she expressed the possibility of not having a willing landowner, so it depends if everyone can come to an agreement. Ms. Sadora stated that Legacy Lands was mentioned as a potential partner at the meeting, so they can best leverage the Open Space fund and ensure that the County is not bearing the full cost. She added that one (1) of the requirements for Legacy Lands is that there needs to be a willing landowner. Ms. Sadora stated that none of the Commission's recommendations are currently at that point, and if they do have a willing landowner, they need to decide if it's something they want Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 22 SUBJECT DISCUSSION ACTION to spend the money on. She added that they need to do their due diligence to ensure they have everything in place for consider prior to asking the State for support. Chair Gegen stated they've informed Rupert that the Commission would like to provide support as much as they can, but he needs to let them know. Ms. Sadora stated that she thinks he agrees and he made everyone aware of it. Chair Gegen stated that Rupert has a very proven track record, which he feels makes the ability to receive other funding much easier. Ms. Sadora added that he continues to work actively with HILT, Hawaiian Islands Land Trust, and noted that their new executive director is Angela Anderson. Chair Gegen stated that it sounds like the Commission is still in support of Rupert and will maintain that moving forward. G.B. Review and discussion on Trust for Public Land request for the Commission's consideration regarding the Embracing Kuleana at Waina Project; Kaluanono, TMK: (4) 5- 6004:010 and Halulu Fishpond Access TMK: 4) 5 -6- 004:017. Ms. Sadora handed out the acquisition plan that was done for this property. She noted that it was an internal document for now. Commissioner Fi aroa asked if it was the acquisition plan that will be Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 23 SUBJECT DISCUSSION ACTION submitted to which Ms. Sadora replied it's ready to go once TPL, Trust for Public Lands, is ready for the Commission to move. Ms. Sadora stated that TPL is driving everything and they're currently waiting for the in -house appraisal to be completed in order for them to see what they will go forward with as far as a price. According to TPL, they're in communication with the landowner and the landowner is willing to await the in -house appraisal. Ms. Sadora stated that this is on track and ready to go. She added that once they receive communication from TPL that they are ready to move to the next step, the Department will prepare a packet which would include their acquisition plan and the money bill for Council to consider it for acquisition. Commissioner Figaroa stated that the landowner's deadline is August and asked if Council will receive it by then to which Ms. Sadora replied it depends on the timing of the appraisal; it's taking a little longer than they expected. Ms. Sadora stated that her last communication with Laura, from TPL, was on Monday, the 22nd, and they're still waiting on the in -house appraisal. Commissioner R. Blake asked if this was discussed at the Council meeting to which Ms. Sadora replied yes, it was part of the presentation. Ms. Sadora stated that Council was in support, but there were some comments that Waipa should look at other resources to be able to purchase this property. She doesn't think Council knows that they've exhausted their arenas of who they could reach out to for assistance in purchasing this. Ms. Sadora stated they felt that coming to the Commission was sort of their last opportunity to see if they could be awarded funding. She informed the Commission that a letter of support was sent to the Waipa Foundation outlining that they have the support of the Commission as a means of Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 SUBJECT DISCUSSION ACTION funding. Ms. Sadora stated she will provide a copy of the letter to the Commission. Commissioner Figaroa stated that he would like to see this acquisition happen this year, so when they appear in front of Council, they can say they assisted in acquiring something. Ms. Sadora stated that that's the partnering and the process the Commission wants to be able to have. She stated that there were councilmembers saying that the success of the fund can be through partnering with non -profit organizations, government agencies, state agencies, etc. because that's the success that they've seen happen already with the only acquisition that this fund has. Commissioner Figaroa stated that he's come to the understanding that the reason why their fund is always under threat is because they don't use it. Chair Gegen stated the Commission is committed, so they'll continue to monitor how it goes and continue to ask for updates at the next meeting. G.9. Review and discussion on Alexander Dam. Ms. Sadora stated that at the last meeting, she encouraged the Commission to read the minutes that were handed out so they could have an idea of what happened, which was the last time there was discussion on this item. Commissioner Figaroa stated that according to his knowledge, the last time Tom Shigemoto presented to the Commission, they discovered that the lines were realigned when they surveyed the property, Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 25 SUBJECT DISCUSSION ACTION Ms. Sadora stated that the problem is some say it was realigned, but others say that's how it was originally, so there's a landowner and the community that have two different sides of what they believe happened. She stated that people knew that the access went through the property, which then gave the landowners the position to close and shutdown the access. Commissioner Figaroa asked if it was proven through County records that there wasn't any changes to which Ms. Sadora replied there are no County records, that it was just dialogue from the landowner. Commissioner Figaroa stated that they would need to find the survey that was completed. Ms. Sadora stated that that's a problem because it's unknown whether there is any documentation. Chair Gegen asked if it's unknown if there's access or not to which Ms. Sadora replied there is access, but it goes through A &B's property. Chair Gegen asked if there is supposed to be access to that area legally to which Commissioner Figaroa replied that according to Tom, the property lines lay a certain way, but the community is saying that it has been changed. Commissioner Hayashi asked if the hunters were have trouble accessing the area because of a fence that was put up to which Chair Gegen replied that's how the hunters previously access the State land. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 SUBJECT DISCUSSION ACTION Commissioner Dela Cruz asked if this is something they need to keep on the agenda to which Commissioner Figaroa replied if they can prove that the line wasn't changed or if there's a permitting process, such as Lawa`i Kai Beach, then they can inform the community and remove the item from the agenda because it'll no longer be an issue. Commissioner Figaroa asked if there was a lot of interest in purchasing an access to which Ms. Sadora replied that people were asking Commissioner Hayashi regarding the access. Commissioner Hayashi stated that Scotty Vidinha talked to her about wanting to keep the access. Commissioner R. Blake asked if he could come and speak before the Commission to which Commissioner Hayashi replied she'll ask him. Ms. Sadora stated that she thought there was access through another side, but this is what people traditionally used to use. She stated this is the old government road, which is a road in limbo. Chair Gegen asked if they need to do some research to which Ms. Sadora replied yes, we can. Commissioner R. Blake would like to have Mr. Vidinha come before the Commission. Ms. Sadora stated that she'll provide the Commission with the actual pictures and other information that was gathered when the Commission at the time went to the property to do an inspection or a field trip. She added Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 Page 27 SUBJECT DISCUSSION ACTION that she's not sure how much it has changed since then, but just to give the Commission an idea. Commissioner Hayashi stated that people used to go there to pick lilikoi, so she'll try to get information from them. She added that they used to call it "Coffin Mountain". Chair Gegen stated they'll leave it on the agenda to hopefully have more discussion and understanding. New Business There was no new business. Next Meeting Chair Gegen announced the next meeting date is on Thursday, July 9, Date and 2015, at 1 :00 p.m. at the Mo'ikeha Building — Meeting Room 2A/2B. Agenda Topics for Discussion Chair Gegen stated that they'll add the presentation at County Council to next meeting's agenda. Ms. Sadora stated she will provide the Commissioners with the PowerPoint that was presented to Council, and then they can have dialogue. Adjournment Chair Gegen adjourned the meeting at 2:53 p.m. Submitted by: Staff Support Clerk Reviewed and Approved by: Patrick Gegen, Chair Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session June 25, 2015 () Approved as circulated () Approved as amended. See minutes of meeting.