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HomeMy WebLinkAboutCOM 1054.000 2006-2008 JN.4 O Ng1i. Harry Kim Dixie Kaetsu Mayor Managing Director 'T;•t .^•p~` Barbara Koslow 9TE OV4- Deputy Managing Director Countp Df'WabiAi`i 891 Ululani Street • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 0 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 -71 0~ rn February 25, 2008 r The Honorable Pete Hoffmann, Chairperson, and ; Members of the Hawaii County Council S 333 Kilauea Avenue - ` Hilo, Hawaii 96720 _ W Re: 2007 Annual Report to the Mayor Public Access, Open Space and Natural Resources Preservation Commission Dear Chairperson Hoffmann and Council Members: Transmitted with this letter is the 2007 Annual Report from the Public Access, Open Space and Natural Resources Preservation Commission. This is the third annual report from this new commission, and again the commissioners have invested much time and effort into reviewing the various parcels of land recommended by the public and developing a prioritized listing of lands and/or property entitlements for acquisition. As you will note on page 3 of the report, this year the commission chose not to include properties that already had resolutions passed by the Hawaii County Council authorizing the Director of Finance to enter into negotiations for acquisition. The commission's top five priorities for 2007 are described in Appendix 2 to the report. The 2007 comprehensive property list is shown in Appendix 7. Status of Authorized Land Acquisition The County Council has authorized the Finance Director to enter into negotiations to acquire a number of parcels identified in the 2005 and 2006 Annual Reports. A list of the purchases authorized along with the current status follows. Reso. No. Property Description Status 404-06 Puapua`a, North Kona No action taken 451-06 Kawa`a and Kawa`a Bay, Ka`u (4 parcels) One parcel purchased, three in progress 427-06 Waipi`o Lookout Point, Hamakua Purchase complete 169-07 Punalu`u Beach Park/Adjacent Lands, Ka`u Owner approached, not interested in selling 286-07 Wai`ele, Puna No action taken 287-07 Honolulu Landing, Puna No action taken 288-07 Cape Kumukahi, Puna No action taken (Note: The Report is a booklet which is on file in the Clerk's[[Urr,V1. Ref. To:_ L Hawaii County is an equal opportunity provider and employer. Ref. Date F B 2 7 2 00t_ February 25, 2008 The Honorable Pete Hoffmann and Council Members Page 2 As indicated above, the purchase of two parcels has been completed. These are the Rice property at the Waipi`o Valley Lookout Point and one of the four parcels (TMK: 9-5-17:07) at Kawa`a. In addition, the acquisition of the three remaining Kawa`a parcels is in progress. The Waipi`o parcel was purchased with funds from the Public Access, Open Space and Natural Resources Preservation Fund. The Kawa`a parcel was purchased with funds from the Public Access, Open Space and Natural Resources Preservation Fund and a State Legacy Land Grant of $1.2 million. The purchase of the three remaining Kawa`a parcels will be covered by Public Access, Open Space and Natural Resources Preservation Fund money along with a State Legacy Land Grant and Federal National Coastal Wetlands Conservation Grant from the Department of the Interior Fish and Wildlife Service. Status of Funds - Public Access, Open Space and Natural Resources Preservation Fund Attachment 1 shows the status of funds in the Public Access, Open Space and Natural Resources Preservation Fund. The cash balance on hand at January 31, 2008 was $3,271,746. Estimating future transactions through December 31, 2008 gives a cash balance of $1,471,746 available for use. This will be augmented when approved grant funds are received. The State Legacy Land Fund has awarded two grants totaling $2.7 million towards the purchase of the four Kawa`a parcels in Kd'u. However, the processing of the grants at the state level takes time, and it is uncertain when the money will be received to reimburse the Fund for cash advanced to complete the Kawa`a transactions. Likewise, it is uncertain when the funds for the federal grant for Kawa`a, obtained with the assistance of The Trust for Public Land, will actually be received. It is safe to assume that at December 31, 2008, there will be at least $1,471,746 in cash in the Public Access, Open Space and Natural Resources Preservation Fund. Whether there is more than that available depends, as stated above, on when the approved grant funds are received. Recommendations Authorize the acquisition of Pa `o `o in North Kohala, the first priority in the 2007 Report. In compliance with the priorities set by the County Council, during 2008 we will be focusing on completing the acquisition of Kawa`a, which will result ultimately result in obtaining 785 acres of coastal land in Ka`u for the people of Hawaii. In addition to this focus, it is recommended that the County focus on acquiring the first priority in the 2007 Report, Pa`o`o in North Kohala. Given the available funds and the properties already authorized for purchase, it would be unrealistic to plan for any further purchases at this time. Other than Kawa`a and Waipi`o Valley, there are five remaining parcels of land from prior year reports that have been authorized for purchase by the County Council (see list above.) No action has been taken yet on four of these, and on the remaining parcel (Punalu`u), the owner has indicated unwillingness to sell to the County. To this point, the administration has been following the priorities established by the County Council in pursuing Kawa`a and Waipi`o Valley. February 25, 2008 The Honorable Pete Hoffmann and Council Members Page 3 Reprioritize the properties authorized for acquisition. It is recommended that the County Council review the properties authorized for acquisition, including PaV o if the Council so desires, and by resolution reprioritize them. Kawa`a should remain the first overall priority since the County is already in negotiations on the final acquisition at Kawa`a. The administration would appreciate direction from the Council in the prioritization of the rest of the parcels. Management and Stewardship With the purchase of new land, especially land that is being acquired for preservation, comes the responsibility for management and good stewardship. As you know, the County is not set up to manage large tracts of undeveloped land. I welcome the Council's input and recommendation on how to best handle this new responsibility. My recommendation to the Council is that consideration be given to amending the County Code to allow for the use of money in the Public Access, Open Space and Natural Resources Preservation Fund for management and stewardship of acquired lands. The Code at present recognizes the need for stewardship, but it does not allow the use of resources from the Fund to cover this. Allowing a certain amount or percentage of money in the Fund to be used to care for the lands acquired would help ensure that the County meets its responsibilities and cares for the precious land we are preserving for Hawai`i's people of today and tomorrow. Conclusion Again, I would like to thank the hard-working members of the Public Access, Open Space and Natural Resources Preservation Commission for their dedicated work. In addition, Property Manager Harry Yada and his small staff must be recognized for their professional expertise in negotiating the purchase of the properties the Council has identified for acquisition. Please feel free to contact me if you have any questions. Al , Harry K MAYOR Attachments: Attachment 1 - Money in the Fund Attachment 2 - 2007 Annual Report Public Access, Open Space and Natural Resources Preservation Fund Cash balance at June 30, 2007 $ 3,597,328 10/8/2007 Purchase of Waipi`o Valley Lookout $ (902,255) 12/31/2007 Real Property Tax Deposit $ 2,378,195 1/2/2008 Purchase of Kawa'a (TMK: 9-5-17:07) $ (1,923,388) 1/31/2008 Interest earned through 1/31/08 $ 121,600 Miscellaneous deposits $ 266 Cash balance at January 31, 2008 $ 3,271,746 Projected deposits through 12/31/08: 6/30/2008 Real Property Tax Deposit $ 1,800,000 12/31/2008 Real Property Tax Deposit $ 2,400,000 Planned purchase of remaining three Kawa'a parcels $ (6,000,000) Subtotal prior to grant receipts $ 1,471,746 Approved grants: State Legacy Land Grant - Kawa'a (TMK: 9-5-17:07) $ 1,200,000 State Legacy Land Grant - Kawa'a three remaining parcels $ 1,500,000 Federal National Coastal Wetlands Conservation Grant (USFW) $ 1,000,000 Projected cash balance after receipt of grants $ 5,171,746 * Full purchase price. County will eventually be reimbursed by the State Legacy Land Grant in the amounts of $1.2M and $1.5M as indicated above. Since the County advances the cash to complete the transactions on a timely basis, until the grant proceeds are received, funds available for additional purchases are reduced. Also, it is unknown how long it will take to receive the federal funds. Attachment 1 s2s, II<<~~~?i'i (~~?unl~ 1"~rl~lic_~ccc~~. OI~cn ::??~~I \attii`.?I Rc~i?~Irccs P1-cscr~,itfoI1 (1)H1011111sS II ?IIII ~nnu~il llcl~iri"i to llic Nh\??r IIII" Ucccr~ral~ci _'s. 'I 1 ar w w Mtv or y Harry Kim Dixie Kaetsu Mayor Managing Director it Barbara Kossow Deputy Managing Director w HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION C/O 25 Aupuni Street, Hilo, Hawaii 96720 "O Phone: 961-8069; Fax: 961-8248 December 28, 2007 Honorable Harry Kim Mayor, County of Hawai'i 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Kim: The Public Access, Open Space and Natural Resources Preservation Commission wants to say "thank you" to you and the Hawaii County Council for making the first purchase using the Public Access funds. The Waipi`o property was purchased in October of this year. We understand that one Kawa`a parcel (Johnson property) is in escrow and three other parcels (Olson properties) are in negotiations. Hopefully these will become additional purchases using Public Access funds along with state and federal funds. This year, as in the past, the Commissioners held public information and input meetings in their respective districts. The purpose of the meetings was to discuss the new "intake" or suggestion forms, review the assessment forms and to also provide information on the Commission, and encourage submission of proposals for site preservation. Pursuant to Section 2-217(2) of the Hawaii County Code, we are submitting the updated prioritized list of properties. Besides the prioritized list, the report contains Commission and r community concerns for your consideration and a list of potential funding sources. If there are any questions or clarification needed, please contact Amy Self, Deputy Corporation Counsel at 961-8251 or Harry Yada, Property Manager at 961-8009. Sincerely, _ rlr J '1 l 4 I~~L ti - KENNETH KANESHIRO Chair KK:ak Encls. Hawai `i County is an Equal Opportunity Provider and Employer Commissioners: Kenneth Kaneshiro; Laura Schuster; Benedict Yung; Paul Campbell, Bill Gilmartin; Kim Garcia; Hannah Springer, E. Kalmti Flores so - Public Access, Open Space and Natural Resources Preservation Commission 2007 Annual Report to the Mayor December 28, 2007 Introduction Pursuant to Section 2-217 of the Hawaii County Code, 1983, 2005 Edition (see Appendix 1), the Hawaii County Public Access, Open Space, and Natural Resources Preservation Commission submits this 2007 Annual Report and Prioritized List dated December 28, 2007 to the Mayor (see Appendix 2). This list is of carefully considered lands culled from extensive public input. Highly organized community interest is apparent throughout the island. With the successful acquisition of the Waipi`o Lookout property (see Appendix 3) and negotiations for Kawa`a on-going with the County, our goals start to see fruition. Our Commission is dedicated to protecting our natural and cultural resources and open space for the future health of our Hawaii island community. This Commission works toward presenting a complete recommendation package. Ideally, this would be to develop lists of outside funding sources that will match funding for particular parcels and to recognize and encourage the organized non-profit community groups willing to oversee and manage individual parcel areas under County guidelines. As we continue to receive suggestions from the community we continue to support their participation in the process. Commission Members Kenneth Kaneshiro, Chair, District 1, Term expires: December 31, 2007 Laura Schuster, Commissioner, District 2, Term expires: December 31, 2009 *Ruth Walker, Commissioner, District 3 (Term: October 5, 2005 - December 31, 2006) Benedict Yung, Commissioner, District 4, Term expires: December 31, 2007 r Paul Campbell, Commissioner, District 5, Term expires: December 31, 2008 Bill Gilmartin, Commissioner, District 6, Term expires: December 31, 2011 Kim Garcia, Commissioner, District 7, Term expires: December 31, 2009 *Jocelyn Garovoy, Commissioner, District 7 (Term: October 5, 2005 - December 31, 2006) Hannah Springer, Vice-Chair, District 8, Term expires: December 31, 2010 E. Kalani Flores, Commissioner, District 9, Term expires: December 31, 2010 ¦ (*Resigned) Mahalo to outgoing Chair, Kenneth Kaneshiro, Commissioners Jocelyn Garovoy, Ruth Walker and Benedict Yung. Commission Meetings Since the submittal of the 2006 Annual Report to the Mayor, the Commission conducted M monthly meetings alternating between Kona and Hilo. At these meetings the Commission was assisted by a Deputy Corporation Counsel and Legal Clerk III from the Office of the Corporation Counsel along with a Property Manager and Clerk III from the Department of Finance. During these meetings the Commission continued to receive suggestion forms and testimony from the -1- • public and engaged in discussion with invited guests: Irving Kawashima, a Na Ala Hele Specialist with the Division of Forestry and Wildlife of the Department of Land and Natural Resources; Nancy Piccichio, a contractor with the County Planning Department working on the Kona Community Development Plan; and Patricia Engelhard, Director of the Parks and Recreation Department of the County of Hawaii. The monthly meetings scheduled in 2007 were: - January 8 Kona February 12 Hilo March 12 Kona April9 Hilo May 14 Kona June 12 Hilo July 9 Kona August 13 Hilo September 10 Kona October 8 Hilo November 13 Kona December 10 Hilo ti M Additionally, during the months of March through May, the Commission held evening meetings in each of the nine County Districts to receive suggestion forms and discuss community concerns. r In 2008 the Commission will work with the Deputy Corporation Counsel to develop a policy for conducting site visits to improve the site selection process. r Commission Training In 2007 the Commissioners participated in a live teleconference and attended a workshop which focused on the importance of open space, land conservation, and the advantages of conservation easement designation to landowners. Both of these programs provided the Commissioners with additional training and information on these areas which are so critical. A summary of the teleconference along with a summary of the workshop are attached as Appendix 4. + Suggestion Form rr The 2007 Suggestion Form (see Appendix 5) was revised on February 12, 2007 to include additional questions and requests for supplementary information and documentation 49 relating to the suggested site or project. In addition, the suggestion form format was also revised so that it would correlate with the revised assessment criteria form. +O The Commission assessed the suggestion forms received from the public between September 6, 2006 and June 29, 2007. There were a total of 57 suggestion forms that were received during this time period. -2- a Assessment Criteria Form The 2007 Assessment Criteria Form (see Appendix 6) was the same form used in developing the 2007 Prioritized List for the 2006 Annual Report as well as for this 2007 Annual Report. This assessment criteria form was previously revised August 14, 2006 and updated with r minor changes on February 12, 2007. The Commission members individually assessed these properties utilizing this 2007 Assessment Criteria Form. These individual scores were totaled and then divided by the number of assessments submitted by commissioners to derive the r average final score % for each property. These scores are outlined in the 2007 Comprehensive List (see Appendix 7). w ,W Prioritized List The 2007 Prioritized List is as follows: +r Priority Number Property Score Y 1 Pa`o`o 91% ` 2 Kukuipahu-Ha`ena Corridor 88% 3 Mahukona Historical Area 86% 4 Kaiholena 83% 5 `O`oma II 73% rr Details of these properties (obtained from the suggestion forms submitted by the public) are summarized in Appendix 2. w. In developing the 2007 Prioritized List for this Annual Report, the Commission examined those properties that were assessed with an average final score of 70% or more. In addition, those properties from the previously submitted "Prioritized List - Lands and/or Property Entitlements for Acquisition" dated December 27, 2006 (see Appendix 8) were re-examined and also considered for this Prioritized List in order to maintain some continuity in this process. This year, the Commission chose not to include properties that had resolutions already +r passed by the Hawaii County Council authorizing the Director of Finance to enter into negotiations for acquisition. The resolutions for these property acquisitions are attached as Appendix 9. r Commission and Community Concerns The following is a listing of concerns and problems identified by the Commission: ? A priority adjustment ranking mechanism should be developed, in consultation with the ~r Mayor, to guide the meshing of newly developed priority property lists with lists submitted in previous years. -3- rr w ? An approved site visitation plan should be developed to enable the Commission to view and better evaluate properties prior to preparation of Prioritized List. ? The Commission would like to encourage the Mayor and the Hawaii County Council to request of the Commission and Property Manager clarification or more information, as may be needed prior to any recommended purchase actions, on the property listings. ? The Commission and the public are concerned that purchase of property alone should not be the only goal of this program. Active management including maintenance and enforcement needs must be addressed to ensure proper care and protection of natural and cultural resources on the properties. Funding sources need to be identified. ? The Commission has received comments from the public that public access routes in some areas are obstructed by adjoining landowners to discourage public use. The County and State should resolve these problems when they are reported by the public. ? The Commission recommends that the County should generate a comprehensive inventory of all "old government" roads and trails so these can be identified to the public r, and used by the public as may be deemed appropriate. Acquisition and Management Concerns Pursuant to Section 2-217 of the Hawaii County Code, this Commission's duties and responsibilities include exploring additional methods of funding land acquisition (see Appendix 10), making recommendations to the Mayor, and giving emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private funds. In order to investigate and better understand the issues around these responsibilities, a Committee of three Commissioners was formed. The committee members are Laura Schuster, Kim Garcia and Paul Campbell. The committee members met and discussed special funding opportunities and requirements. One of the greatest concerns arising from the findings is that of management of acquired properties. In most cases, the County has insufficient funds and/or personnel to take on management of said properties. _ To leverage adjunct Federal and/or State funds, management plans might be a condition a for application. A further requirement for some funding is that managing entities must be 501(c)(3) non-profit organizations. If funding sources are found to create management plans, it's feasible that the County could develop the plans. To fund management plans for property acquisitions in their districts, County Council members should be encouraged to transfer a portion of their annual discretionary funds to the appropriate County department. These plans could be turned over to qualified groups for implementation. Group and programs could include, but are not limited to the following: w, ? 501(c)(3) non-profit organizations; ? Park Volunteer Corps. - a group that would be developed to provide maintenance for specific properties, similar to a work-force program like Civilian Conservation Corps.; ? Heritage Stewards - for those parcels where resources are such that an on-site steward may be the best option; ? Adopt a Park Program - similar to the Adopt a Highway Program. w -4- r Y It has become abundantly clear to this Commission that adjunct funding and management plans are critical to the long-term success of this program. We will continue to seek solutions to these matters. Next Steps The Commission has developed a timeline for 2008 to accomplish the following tasks: ? Schedule 2008 regional public meetings. ' ? Publicize meeting schedule and encourage contributors to submit complete nomination +r packages. ? Develop site visit strategy (with Corporation Counsel) for high ranking proposed properties. +p ? Continue to explore other funding sources for land/entitlement acquisitions. ? Continue to explore other funding sources for land maintenance and management. ? Continue to attempt to identify potential partnerships with other governmental agencies, non-profit organizations, and private entities for land/entitlement acquisitions. ? Submit annual report and Prioritized List to the Mayor by December 31, 2008. Appendices 1. Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition) 2. 2007 Prioritized List - Lands and/or Property Entitlements for Acquisition 3. Summary of Waipi`o Acquisition V 4. Summaries of Commission Training 5. 2007 Suggestion Form 6. 2007 Assessment Criteria Form r 7. 2007 Comprehensive List 8. 2006 Prioritized List - Lands and/or Property Entitlements for Acquisition 9. Property Acquisition Resolutions (approved by Hawai `i County Council) r, 10. Listing of Potential Funding Programs and Grant Sources r rr -5- w § 2-217 RAWAl'l COUNTY CODE a Section 2-217. Duties and responsibilities of the commission. The duties and responsibilities of this commission are: (1) To develop and submit to the mayor, an initial island-wide prioritized list of qualifying lands worthy of preservation within six months of being confirmed to the commission by the council. Priorities shall be listed on an island-wide rather than district basis. The list shall include the significance of each parcel or entitlement identified, the reason for its priority, and its anticipated use after acquisition; (2) To update this list at any time, but at least annually by December 31 of each year; and (3) To explore methods of funding land acquisition and make recommendations to the mayor. (4) The commission shall give emphasis to land acquisitions where the County's contribution can be • leveraged to obtain State, Federal, and/or private funds. (2005, Ord. No. 05-166, sec. 4.) Section 2-218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolution, select the land or lands to be preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the County. Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution. (b) Negotiations for acquisition of lands to be preserved shall occur between the County and the seller or its commissioned agent, or a licensed broker only. The commission shall have no role in the negotiations other than in its advisory capacity. 'dw (c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land shall be permitted uses of this fund. These costs shall be allocated equally between the seller and the buyer. (d) Adequate staff to carry out the provisions of this article and to manage the land acquired shall be M provided in the department of finance to maximize the use of available funds by minimizing the payment of commission to outside agents to put together funding plans and to ensure that the County is a good ' steward of any land that comes under its control through this article. a1 (2005, Ord. No. 05-166, sec. 5.) Article 43. Budget Stabilization Fund. Section 2-219. Creation of fund. Pursuant to section 10-12, Hawaii County Charter 2000, a special fund to be known as the budget r stabilization fund is created for the purpose of meeting general fund revenue shortfalls and to minimize the need for budget cuts or tax increases. The budget stabilization fund shall be a temporary supplemental source of funds for the County to use during times of financial hardships while a plan for cost reduction or revenue at enhancement is developed. (2006, Ord. No. 06-101, sec. 1.) Section 2-220. Funding. Each fiscal year following the creation of the budget stabilization fund, moneys shall be transferred to this fund as recommended by the mayor and approved by the council. (2006, Ord. No. 06-101, sec. 1.) SUPP.2 (7-2006) 2-66 APPENDIX I o y o o ° 0 • ~44 'a+ Z v y bn cd 7 Z~ y aY a 3 s w w w ~ V Z QI O~ w U 5 U ~ c ti~ o ~a fi xaH °a:~ Z0 o w ~ ~ y W r7 > Q O W .a 'O 10 ti cd y O co 0 r-1m4 00 0 Cd (D W z 00:.4 a~i ~ w o. Qi O r" ti ~ ~ 'ti O aU+ .Yr m .G N N ~ N ~ 4 ~ ti ~ V sU. ~ LL GO L4 C/) W N so 00 0 0 a 9 C •yo r prq Q~i W 'O o ZZ e~ ooh +r+ w a v Cl. a r d 0 4) 74 w. W W c e o v ' a: 0 Pik z N LEI o a #m r APPENDIX 2 rW ~ i ALAI 1 / _ f11 mm f -SLaG:, '~j, Lapakahi to s ~ r Kaiholena - 1000 0 1000000 Feet f IIAr r PRIORITY #1 (PA`O`O) Tax Map Key: 5-7-01:05 rr .u„ C a r fr, o ~ A c dam'. y L ~ O vw T I^ CO bq Ir m • ~ y C a~i r a a L O I N C N C O C u ~ 9 U o O a. „C •E L c ° O co led PAZ O ~xa o OM d rn • M oo N 00 cc to 71 oo O O O cc ~A ~A %b 1~ F^ A vA ON w Kapaa to r~. Puakea R. 1000 0 1000 2000 3000 Feet r Ir =t~41U6 i~ r ii6dS 4888 36WRi'{1,7 CALH 4. 1018 1 1 Mi rr I ~r ~ 'f1~1148d ~ % ~ . l PARKER LAND 7RUST j' r. i f sa6~iN6 ,f~, { ,,r jj now"" 366604088 _1 { . 16 K[ SNf RJULQ I B +etal ]S1-~ 1013 i A "y 15HIh111lt.SHARVNI 3Har.d l - - 3545d ~ _ . (-L---36600 4680 35i8q ase ISHWINE,SHARON S TR !e2af ' 61111 1111 A PRIORITY #2 (KUKUIPAHU- s HA`ENA CORRIDOR) Tax Map Key: 5-6-01:13; 5-6-01:101 110; 5-6-01:118; 5-6-01:182; 5-6- M ASS-. 5-6-01:189-199 ' ny r. O O e C 4 wr ~ ~ m 'S~ ~ •Y y FF id ~ F III III ~ ~ C w C N 1•P b m P r O N sU.r CL S _ i 0 0 s p" d°0u Y C d ~x a y C~I r h U Ll, A ~ dD pp U C C.r 'C V O N N E cc .C U °2 v °J l- « = to 0 w _C m .R A Op W N m 0 Yv C O'd w y C .C C U 0 C y U V .0 0 N •O x U o id yU,i G. U cCO sU. C. y 4. N O W O W W C6 Z w a U tU. O C ~ ,d C .O .a A M v O m C v C its 0 O ~ v o ~ Cl U o IIIIY ~ i~.w ~ y o a v led !n au a• 0 O a` a 0 0.0 x tr A ~ ~ CO ~ago 9,mO M<+ ririoo 1r PEI Fy ~ vi rw Lapakahi 1 to Kapaa Ir If 1000 0 1000 2000 Feet j`3560019 V 15r ~ It 1 r4r T_ 14 dig T- CCt-mc. ii ] Y~ Tsn•. ~.,i.44.'l'd ~1 tiI 15 !G4 r 4T ii _ _,r 1-2 r r PRIORITY #3 (MAINKONA HISTORICAL AREA) Tax Map Key: 5-7-02:11; 5-7-03:01-03; IN 5-7-03:07-08; 5-7-03:10; 5-7-03:18 ;tau o z ~ a o y 'c tw c b °q P•, iii YI o X23 ~ • ea o ~ ~ „ on O U O U C Q U O O N _m N O O N y O 1.1 a U ,U. O c y • • • C ~ d p .O C V y O N ago ~ V N 91 A O O eC O W bq A \ O ~ N 40 pL o x o x z • law M N W O ~ •~I Pq vi W ~ ^ N vi 4m is i O $ C. J NPL<T O~~$". F o I l I 1 / ` ~ P J $ j Q e J W/ a ` 1 b I 1 J { Z~ e 1 ~ n I` 1 q i w ° 0 ilr ~ 1°y"~i5 \ n Q I, it W ~i 71 ` V t3 < Tti Y 4ti Y r + Q { t < ..IIJJ I~ Y © "x Y S ~ Y ,y ~ Q SEA 4 PRIORITY #4 (KAIHOLENA) Tax Map Key: 5-8-01:11; 5-8-01:19-23 „ r db ~ a Fri a"i a>i q V w Z. W O U U Y~ C m W O N ~i LL y O t.~.> rn 'fl cod 15 rn F'. .O 0 U O . •y U . 4g y o o U m -cd CL 0 CL O rn U U 0 O 'L' ~Qy y N 0 cd r. .0 5 s. tj 5 N td ..U. N y Y m Q) N O •U 4 O w a i.. O~ N N . . . F.4 /.-I OR I I 41 0 0 7U y O O Er ~ y O O y d o w` cd > y ri Q y GL m u N bq O A od x Cd oar .A' O L d O k .O r. O O Z ~ d r v O N V ~ N Old ~r W 7 ~ O O O ~o M 40 a H~ qq ¦ o 10 1v7d e. o~~ Wt Hf111 Yp r' I ~ _d0 a~ w ~ r e _l i ~ t o d: y dill °v pGA7 05 s a eq t 1 K, Co- j Il ~ .3Faq 1]k ® ' O ~ It low r 1 ~ ~ / Vf Q 1 5e Y. Y 1 ti f e l 2 e'" 5 o A,. •ce" y I I 1 ~ Z ~ C 4 a Y? •u r i i V e^ Z~ y^+ e p y ±b 1 ~ ~e 9 I I ~ ~ Ft~ O 1 4 ~ JI V NI • a i0 ~ ~ ~ e I Rd ~ } f I ~ .0 - A R3 Yr o J ~ S N O O yE6/'~9l p" 'HJ/% ° Q€ - {db .(suns p PRIORITY # 5 6..• i'fifl Rif;ia' ~%=a#yvs.:^#w6ia•ls#i/e ('O'OMAII) " r Tax Map Key: 7-3-09:04 & 2 Summary of Waipi`o Acquisition Based on recommendations by the Public Access, Open Space and Natural Resources Preservation Commission, the Mayor and as authorized by the Hawaii County Council, the County of Hawaii has purchased an approximately 1.804 acre parcel (see attached aerial map) of land at Waipi`o Lookout Point for $900,000 from the Revocable Living Trust of Rose Catherine Rice effective October 5, 2007. This is the first purchase of qualified lands on a prioritized list for preservation by the Hawaii County Public Access, Open Space, and Natural +Y Resources Preservation Commission. The property was acquired through the County's Public Access, Open Space, and Natural W Resources Preservation Fund, established in December 2005 to acquire lands deemed worthy of preservation. The approval of Resolution 427-06 dated August 23, 2006 (see attached resolution) by the Hawaii County Council authorized the County to enter into negotiations for the acquisition of the Waipi`o property. The resolution notes the property's significance as a gateway to Waipi`o Valley that would enhance the existing County-owned Waipi`o Lookout facilities. The purchase also complements the Waipi`o community's new outreach program that provides safety information and education about the valley's important cultural and natural resources. W r w r ar r r " APPENDIX 3 Xff e t i ~t 9 AX i All. ~k T At- r' 4 ,\a y /w r COUNTY OF HAWAII STATE OF HAWAII OI M•~ RESOLUTION NO. 427 OG A RESOLUTION REQUESTING THAT THE MAYOR ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TMK (3) 4-8-004:006, WAIPI`O LOOKOUT POINT (RICE PARCEL). WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund was established in 2005, by Ordinance No. 05-166, as codified in chapter 2, article 42, of the Hawaii M4 County Code 1983 (2005 Edition, as amended); and WHEREAS, section 2-214(d), Hawaii County Code 1983 (2005 Edition, as amended), provides that the Public Access, Open Space, and Natural Resources Preservation Fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply; and WHEREAS, section 2-215, Hawaii County Code 1983 (2005 Edition, as amended), provides for the establishment of a Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter the "Commission"); and WHEREAS, section 2-217(1), Hawaii County Code 1983 (2005 Edition, as amended), r provides that among the duties and responsibilities of the Commission is the development and submittal to the Mayor of an island-wide prioritized list of qualifying lands worthy of preservation; and WHEREAS, in its prioritized list to the Mayor dated April 5, 2006, the Commission awarded the Waipi`o Lookout Point parcel (also referred to as the "Rice Parcel"), more particularly designated as tax map key parcel (3) 4-8-004:006 and comprised of approximately 1.804 acres, as shown on the AN map attached hereto as Exhibit "A" and by reference made a part hereof (hereinafter the "Property"), its second highest criteria score of 83 per cent for acquisition purposes and ranked it as a "high priority because the Property is presently listed for sale"; and WHEREAS, the Commission listed the following reasons for the Property's significance to the County of Hawaii: • "It is located as the gateway to Waipi`o Valley." "It would enhance the existing County Waipi`o Lookout Facilities by providing safety, cultural, and historic information to visitors and residents." 'r • "It could also provide additional parking to the Lookout area." • "In addition, it might serve as a future Ranger Station"; and a RESOLUTION (APPENDIX 3) WHEREAS, Waipi`o Valley is steeped in historical and cultural significance, as: • Kamehameha I was secretly raised in Waipi`o Valley after escaping court assassins at birth. Liloa, a High Chief revered for his peaceful reign, reconstructed temples in Waipi`o Valley. Waipi`o Valley is the site of the sacred compounds, Hale o Liloa and Paka`alana Heiau. • Two ancient fishponds, Lalakea and Muliwai Fishponds are located within Waipi`o Valley. Waipi`o Valley has been home to Native Hawaiians since 800 A.D. Currently, approximately 150 acres of kalo (taro) are planted in Waipi`o Valley, creating a direct and tangible lifeline to the ancestors of this valley in specific and Hawaii as a whole. w • Residents of Waipi`o Valley conduct educational programs for thousands of students and other visitors with a thirst for knowledge about Hawaiian culture; and WHEREAS, public access to and preservation of Waipi`o Valley and its pristine beach area are in jeopardy and may be lost unless this historic area can be properly protected and regulated, which the acquisition of the Property would significantly help to ensure; and WHEREAS, if the Property is purchased by a private party, the future use of this most significant historical and cultural area may be determined by the purchaser, possibly without input from residents of Waipi`o Valley and Kukuihaele and the Native Hawaiian community; and WHEREAS, the residents of Waipi`o Valley and Kukuihaele have been working with the County to establish a Ranger Program in an effort to help educate students and visitors while protecting the sanctity and sacred nature of Waipi`o Valley, with the County Department of Research and Development being awarded a $60,000 grant for establishment of such a Ranger Program; and WHEREAS, as mentioned in the Commission's prioritized list to the Mayor, the Property would be suitable and could very well serve as a future Ranger Station; and r WHEREAS, section 2-218(a), Hawai`i,County Code 1983 (2005 Edition, as amended), provides, in pertinent part, that: "The Council shall, by resolution, select the land or lands to be and preserved...... WHEREAS, section 2-218(d), Hawaii County Code 1983 (2005 Edition, as amended), provides that: "Adequate staff to carry out the provisions of this article and to manage the land acquired shall be provided in the department of finance to maximize the use of available funds by minimizing the payment of commission to outside agents to put together funding plans and to ensure r that the County is a good steward of any land that comes under its control through this article."; and WHEREAS, the acquisition of the Property may be financed from the following funding r sources: (1) Public Access, Open Space, and Natural Resources Preservation Fund as set forth in chapter 2, article 42, Hawaii County Code 1983 (2005 Edition, as amended); and/or (2) General Fund's fund balance; and/or do (3) Capital Project Fund's fund balance; and/or (4) Revenues derived from the sale of County lands. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor is requested to enter into negotiations for the acquisition of the Waipi`o Lookout Point parcel (also referred to as the "Rice Parcel"), more particularly designated as tax map key parcel (3) 4-8-004:006 and comprised of approximately 1.804 acres, which was awarded the second highest criteria score by the Public Access, Open Space, and Natural Resources Preservation Commission on its prioritized list of qualifying lands worthy of preservation dated April 5, 2006. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of the Property in accordance with the terms of „ this resolution. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Mayor and the Director of Finance. Dated at Hilo Hawaii, this 23rd day of August 2006. =w INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI X r HIGA X I hereby certify that the foregoing RESOLUTION was by HOFFN ANN X +ote indicated to the right hereof adopted by the COUNCIL of the my of Hawaii on August 23, 2006 HOLSCHUH X IKEDA X ISBELL X r TEST: JACOBSON X PILAGO X • SAFARIK X 9 0 0 0 elo Reference: C-1015/Waived FC jNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 427 O G Exhibit A THIRD DIVISION ZONE SEO• PLAT 4-T8 04 CONTAINING - PARCELS SCALE : lun-300 tf- er< yqd[ Nox'lN roa:a` ta, O T.. Rice Parcel 8 All. .ic°f' 17 l f ~ 2fD" . -?18. 6 ~esy~~~ roY d31 .°-~cV7t c ROb..fP O C33 l~ ~Op° _~Y 8 R~,er aCgd O AC. W~ a .Y a \ r ay ~ iE aq ,34 Goy ° n~.a; 18 A!, e a>a ° ~s f Y; qD> s 'ifi A 1 8.AP°s."°° 25 ~3~ ,w 20"x' l ~ u2~ lNj J°S.a ° 35 a a-i[s.° yew 0 27 ~~lP r a° ~'•T.r.Or 9 `GCS Y 029 l~Jp 24 sr~ espY r _ l Aum vrw.vr/ro y/ 49.69 .4c. INSET 30 / ii r Ael s Commission Training ? "Open Space and Land Conservation: Historic Trends and Future Prospects" Teleconference On January 17, 2007, a teleconference held by Lorman Education Services provided the Commissioners with information on resources available to foster conservation funding, planning and closing transactions for the preservation of open space. This highlighted on the conservation of open space as an ongoing issue across the country and the availability of new funding sources and opportunities. ? "Understanding the New Tax Incentives: Conservation Easements & Other Charitable Contributions" Workshop On May 30, 2007, The Hawaii Island Land Trust and The Nature Conservancy convened a full-day workshop at the King Kamehameha Kona Beach Hotel, "Understanding the New Tax Incentives: Conservation Easements & Other Charitable Contributions." The faculty for the workshop were attorneys William Hutton, Ellen Fred, and Jocelyn Garovoy from the law firm Coblentz, Patch, Duffy & Bass, LLP as well as tax attorney and ranch land asset manager Gregory Hendrickson from the Hokukano Ranch and Kealakekua Heritage Ranch. They were joined by appraiser Paul Cool of John Child & Company based in Honolulu. The workshop introduced the concept of conservation easements, and covered the Internal Revenue Code and Regulations pertaining to tax-deductible donated conservation easements and bargain sales, including the "conservation purposes" test that a conservation easement must satisfy to be considered a deductible charitable contribution. The faculty addressed specific components of the Hawaii enabling legislation for conservation easements, Hawaii Revised Statutes Section 198, and worked through specific examples of how an individual landowner donating a conservation easement or selling it to a government agency or land conservation organization for below-market value can benefit from income and estate tax incentives. The workshop faculty also reviewed and discussed each provision of a sample W conservation easement for a real ranch property in Hawaii. The faculty also addressed issues that may arise with respect to amending a conservation easement. Some of the tax benefits discussed was as follows: for qualifying conservation easements, a landowner may take an income tax deduction, based on the appraised value of the conservation easement, of up to 30% of his/her adjusted gross income with a carry forward period of 5 additional years to utilize the deduction. Additional income tax incentives are available under the Pension Protection Act of 2006.' A conservation easement can also reduce the estate tax burden on the next generation of landowners who inherit land from their families. By limiting r the allowable uses of the property and restricting development rights, a conservation easement effectively devalues the property, and thereby reduces the value of that property as it enters the taxable estate. For families with few other assets aside from their land, a conservation easement can help keep family lands in the family, rather than having those who inherit the property and the estate tax bill be forced to sell the property to pay estate taxes. APPENDIX 4 . Additional information from the workshop is available in the workshop materials on file with the PAOSNRP Commission, or by contacting the workshop faculty at Coblentz Patch Duffy & Bass, LLP at (415) 772-5725 or jbg@cpdb.com, or the workshop's lead sponsor, the Hawaii Island Land Trust. tr a r yr 1K Under the Pension Protection Act of 2006, which expires at the end of 2007 but may be extended by Congress in the future, a landowner may take an income tax deduction based on the appraised value of the conservation easement of up to 50% of his/her adjusted gross income, with a carry forward period of 15 additional years. w~ Qualifying farmers and ranchers who earn at least 50% of their gross income from farming or ranching activities may take an income tax deduction based on the appraised value of a donated conservation easement of up to 100% of their adjusted gross income for up to 15 years. C COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION 2007 Suggestion Form for Lands and/or Property Entitlements for Acquisition The Public Access, Open Space, and Natural Resources Preservation Commission is taking suggestions for sites or projects to improve upon public access, open space, and natural resources preservation, pursuant to Chapter 2, Article 42, of the Hawaii County Code. Please use the form below to tell the Commission about a place or access you would like to see protected. w Please use one form per suggestion. m Name of site or project: Location or Address: Tax Map Key (TMK) number(s): Acreage: w, , Provide (as Attachment A) a TMK map with the property boundaries and/or proposed access outlined or highlighted. ?Puna ?S. Hilo ?N. Hilo ?Hamakua ?N. Kohala ?S. Kohala ?N. Kona ?S. Kona ?Ka`u Landowner(s): Purpose of suggested site (for public acquisition) or project (please check those that apply) r ? Public outdoor recreation and education, ? Preservation of forests, including access to beaches and beaches, coastal areas, natural mountains beauty, and agricultural lands r ? Preservation of historic or culturally ? Protection of watershed lands important land areas and sites to preserve water quality and water supply ? Protection of natural resources, including buffer zones ¦r 6, Provide (as Attachment B) clear statements detailing how public acquisition would fulfill one or more of the above purposes. Also, explain what is the intent, long term vision, and/or strategy of this proposed acquisition or project? ® Provide (as Attachment C), if available, additional community endorsements for this r proposed acquisition or project through letters of support or other means. In addition, please identify community organizations or individuals that could be contacted for further information about this proposed acquisition or project. Also, identify community r organizations or individuals who are willing to be part of the long-term management/ maintenance of this property. ® Provide (as Attachment D) other documentation relating to the suggested site or project that would assist Commission in their assessments. Do not send original documents or pictures r as they will not be returned. APPENDIX 5 Page t q(d How would the general public benefit from this proposed acquisition or project? Any reported urgency? ?No ?Unknown ?Yes If yes, please describe. Is there a special opportunity for acquisition that presently exists (i.e. special funding available, landowner willing to participate in process, etc.)? ?No ?Unknown ?Yes If yes, please describe. WIN Has partnering with other government agencies, private, or nonprofit entities to leverage resources been identified? ?No ?Unknown ?Yes If yes, please describe. xw Are the land or property entitlements available for acquisition? ?No ?Unknown ?Yes Are there other methods of protection in addition to acquisition that would accomplish protection of resources? ?No ?Unknown ?Yes If yes, please describe. r Contact Name: Mailing Address: Phone/Fax: E-mail: Please send completed forms to: Public Access, Open Space & Natural Resources Preservation Commission 'r c/o 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Fax: (808) 961-8622 r For further information contact: Stacie Waltjen at 961-8251 For online information go to: http://www.hawaii-county.com/finance/ponc.htm am SUGGESTIONS FOR 2007 ARE DUE ON OR BY JUNE 29, 2007 ' (Suggestions received after this date will be considered in 2008.) w FOR OFFICE USE ONLY: Date Recd. Attachments: ? A ? B ? C p D ? Other r. Page 2 of 2 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION 2007 Assessment Criteria Form Name of Site or Project: Location or Address: Ahu ua`a• ?Puna S. Hilo ?N. Hilo Hamakua ?N. Kohala S. Kohala ?N. Kona ?S. Kona ?Ka`u "a TMK: Acreage: Landowner(s): Antici ated Use: rr Purpose of suggested site (for public acquisition) or project: ? Public outdoor recreation and education, ? Preservation of forests, including access to beaches and beaches, coastal areas, natural mountains beauty, and agricultural lands r ? Preservation of historic or culturally ? Protection of watershed lands important land areas and sites to preserve water quality and water supply ? Protection of natural resources, including buffer zones r County Zoning Special Fundin Opportunity State Land Use Possible Cost ~ SMA Flood Zone Identified in 2005 General Plan Hazards / Constraints r Wetlands Archaeology / Historic Sites CATEGORY Listed in Hawaii County Fixed Assets Listed in Inventory of Public SCORES Shoreline Access 1979 Criteria 1 Listed in Hawaii State Criteria 2 Register of Historic Places Criteria 3 Existing Legal Public Access Criteria 4 to Management/Maintenance SUM (Criteria 14) 7- Partnership Identified Final Score (SUM + 4) r Assessed By: Date: (rev. 2/12/07) APPENDIX 6 Page I of 4 CRITERIA SCORING: 0 = No 1= Unknown (needs more assessment/research) 2 = Somewhat (site only partially meets criteria) 3 = Yes Criteria 1: Assesses whether the land or property entitlements meets the purposes of Public Access, Open Space, & Natural Resources Preservation Fund pursuant to Chapter 2, Article 42 of the Hawaii County Code 1983 (2005 Edition). Public outdoor recreation and education, including access to beaches and mountains .w w Preservation of historic or culturally important land areas and sites r rr Protection of natural resources, including buffer zones rr Preservation of forests, beaches, coastal areas, natural beauty, and agricultural lands r Protection of watershed lands to reserve water quality and water supply • M Total (15) Criteria 1 r~ rr (rev. 2/12/07) Page 2 of 4 Criteria 2: Assesses whether the land or property entitlements coheres to and furthers the vision and goals of Hawaii County's 2005 General Plan. 12.2 Recreation - GOALS (a) Provide a wide variety of recreational opportunities for the residents and visitors of the County. (b) Maintain the natural beauty of recreation areas. (c) Provide a diversity of environments for active and passive pursuits. 6.2 Historic Sites - GOALS (a) Protect, restore, and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawaii. (b) Appropriate access to significant historic sites, buildings, and objects of public interest should be made available. 8.2 Natural Resources & Shoreline - GOALS (a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. (c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. so (d) Protect rare or endangered species and habitats native to Hawaii. (e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and natural areas. 7.2 Natural Beauty - GOALS (a) Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. (b) Protect scenic vistas and view planes from becoming obstructed. (c) Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. 14.2.2 Land Use (Agriculture) - GOALS WA (a) Identify, protect and maintain important agriculture lands on the island of Hawaii. (b) Preserve the agricultural character of the island. r 4.2 Environmental Quality - GOALS (a) Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable. (b) Maintain and, if feasible, improve the existing environmental quality of the island. w Total (15 Criteria 2 (rev. 2/12/07) Page 3 of 4 1a. 1p Criteria 3: Assesses the level of community support, including reported urgency, based on the community input process. Additional testimony and/or letters of support received for site or project. .r rr Benefit to the general public. w Reported ur enc . ar re r Total (9) Criteria 3 % Criteria 4: Assesses whether the land or property entitlements could be ' acquired using the Public Access, Open Space, & Natural Resources Preservation Fund and/or other means. Acquisition is feasible through the Fund and/or other means. W • Special opportunity for acquisition presently exists (i.e. special funding available, landowner willing to participate in process, etc. . • Partnering with other government agencies, private, or nonprofit entities to leverage resources has been identified. r' Land or property entitlements are available for acquisition. • r Total (9) Criteria 4 (rev. 2/12/07) Page 4 of 4 o U ..r ~y o 0 0 0 0 0 0 0 0 ~D ~O 7 V M _ O ~ L ~D ~p ~O ~O ~D ~O ~D ~D h U U _ r O Co y O 0 > ° 't a° C O O O C N O c0 ` O C O L p F.y O a+ N O O Y... 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P W ea o y ~i u o C o a `o a `o a `o c si r6 -r z ~A d a °Q a ~xa 7 v ox a ox ox Fo r [7~ N Q •C G ww ww w U O C O O O O rn p C~ y U O C O O ttl U a Q Q Q Q Q a .1 .a a a a a aCi o c Q o o c o E= Z W vaz z z F.c~F~~ caFi°a~C~az a °ur c-pop U O aCj O o F 0 o o aU ~aU U rr v~ U Q 3 ° on •v W o o _ co y F C C ^ _ U U Gm p •fl p O etl yN 'O x L ~-r ed O m eOd 3 U C C cc "a G, o co IM a ro w o o 'm co o 7 ar co U Pr 0. 0.~a.v)UNxP4 xU 3w a0. • G N M 00 N ed N M O N N O O ~~4 z z z z z it Cd A 7 ri I r F ~ N cV N r APPENDIX 7 o o o a a o o e o 0 0 0 0 0 :d o0 00 00 ~O \O W) 7 N a\ n ~ ~ ~ vi In vi In In v~ vi vi V 7 ~ <t y L ~nl V +w V ~ h N U 'v O O C C p m v 'o c o O .N t c t c E r r y ° E `O `o y o o s w ,y w v y c y " RS v a o v o v U a° E o 0 3 o Y o c o 0 0 o a v v y 4w r y w o w =o ~'E t7 v s v E E o o 0 a Q a w x ' o ° w w a a w cCra E Y Y _ ^ •ld Y •ld V V1 F': ld V V U 7 y y cTtl U N 7 3 x x 0 3 3 0 E 0 0 i2 5n 'O to " ~i n1 O O i 3 O 0 ~ H 0 • 0 • ~ rN~. 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OQ O ~ ~ N rr F q o 0 • BOUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 169 07 (DRAFT 3) A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO •w NEGOTIATIONS FOR THE ACQUISITION OF PUNALU`U BEACH PARK, NINOLE POND AND ADJACENT LANDS IN THE DISTRICT OF KA`U, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE. WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public Access, Open Space, and Natural Resources Preservation Commission; and r WHEREAS, section 2-214, Hawaii County Code, established the Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, section 2-217, Hawaii County Code, provides that the Public Access, Open Space, and Natural Resources Preservation Commission's first duty and responsibility is, "To develop and submit to the Mayor, an initial island-wide prioritized list of qualifying lands worthy of preservation Priorities shall be listed on an island- wide rather than district basis...."; and WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Commission did forward its initial list to the Mayor on April 5, 2006, establishing the purchase of Punalu`u Beach Park and adjacent lands, as the number three priority, and assigning it a 70% criteria score; and WHEREAS, the Mayor forwarded the report of the Public Access, Open Space, and Natural Resources Preservation Commission along with his recommendation to the r Hawaii County Council on May 18, 2006, that Punalu`u Beach Park and adjacent lands, become the number two priority for purchase, citing the fact their high potential for development; and ow WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Commission did forward its updated list to the Mayor on December 27, 2006, establishing the purchase of Punalu`u Beach Park, Ninole Pond and adjacent lands, as the number four priority, and assigning it an 84% criteria score; and ,r WHEREAS, the County currently leases some of this land for restrooms, showers, picnic tables, pavilions and camping areas, and the Public Access, Open Space, and Natural Resources Preservation Commission identified the significance of the area's r coastal, natural, and cultural resources and its public access for recreation, and; • APPENDIX 9 WHEREAS, because of its cultural significance, easily accessible shoreline, historic use as a park, importance as habitat for the Green Sea Turtle (honu), nesting use by the Hawksbill Turtle (honu`ea), use for overflights and as a nesting area for `ua`u (Hawaiian Petrel) and `ake`ake (Band-rumped Storm-petrel), as well as its general location in the region, ensuring this area is held in perpetuity as Open Space is critical for the surrounding community, area residents and the Native Hawaiian community, as well as to preserve endangered species habitat and pristine ocean water quality; and WHEREAS, section 2-218 (a) states "...Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution"; and WHEREAS, in the interest of protecting the delicate shoreline from development and destruction, county ownership of this area shall commence at the certified shoreline extending at least 2000 feet inland, and shall include approximately 150 acres, including all lands within 2000 feet of the certified shoreline, bounded on the south by TMK 9-5- 0 and bounded on the north by TMK 9-6-002-006, that are not currently occupied with homes, condos or golf clubhouse or parking related to those occupied parcels; and WHEREAS, portions of the properties to be acquired are covered by TMK(S): 9- 6-001-001; 9-6-001-002; 9-6-001-003; 9-6-001-006; 9-6-001-011; 9-6-001-012; 9-6-001- 013; 9-6-002-008; 9-6-002-037; 9-6-002-038 (except for the portion of the property with • the established residence consisting of one single family home); 9-6-002-041; 9-6-002- 053; 9-5-019-011; 9-5-019-015; 9-5-019-026; 9-5-019-035 and this area is also known as Punalu`u Beach Park, Ninole Pond and Adjacent Lands, in the district of Ka`u; and WHEREAS, section 2-217 (A) provides that, "The commission shall give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private funds"; and WHEREAS, to ensure serving the public interests in accessing and utilizing the Punalu`u .r area into the future, community members, community groups, governmental entities, professionals, academics, and other people with expertise in: economics, education, Hawaiian cultural practices, marine biology, community building, facility management, shoreline r management, fishpond and wetlands restoration, archeology, public safety, fundraising and other pertinent skills are encouraged to work together to form a non-profit organization whose sole purpose is the conservation and park management of Punalu`u Bay and shoreline park areas. " Many community members and professionals have been working on a management agreement and plan for the area that will include best practices for resource management and use. The community is invited to work with park professionals, with the scientific and educational community, and other grassroots community members to promote good management of the Punalu`u resource; now, therefore, •r BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII " that the Director of Finance shall enter into negotiations for the acquisition of Punalu`u Beach Park, Ninole Pond and Adjacent Lands, pursuant to the terms of this resolution; and BE IT FURTHER RESOLVED that the County Clerk will forward a certified copy of this resolution to the Department of Land and Natural Resources for dW commencement of a shoreline certification for this area. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of Punalu`u Beach Park, Ninole Pond and Adjacent Lands, in accordance with Chapter 2, article 42, .r relating to the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FURTHER RESOLVED the Hawaii County Council welcomes individuals who are willing to share their expertise and engage with others in an open process to form a new non- profit solely dedicated to the management of new Punalu`u Park; and A. BE IT FURTHER RESOLVED that discretionary funds from District 6 shall be provided for facilitation services through Research and Development or by contract if the community desires help in building a community based non-profit organization; and r BE IT FURTHER RESOLVED that the Hawaii County Department of Parks and ^ Recreation and Hawaii County Land Management Division shall select a community based non- profit organization to manage this park that contains diverse community membership with expertise in the following areas: economics, education, Hawaiian cultural practices, marine biology, community building, facility management, shoreline management, fishpond and wetlands restoration and conservation, archeology, public safety, fundraising and other pertinent skills needed to manage this public resource; and w •r ar BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Mayor, the Director of Finance, Governor Linda Lingle, the Director of the Department of Land and Natural Resources, Senator Daniel Inouye, Senator Daniel Akaka, Congressman Neil Abercrombie, and Congresswoman Mazie Hirono. Dated at Kona Hawaii, this 19th day of septenber2007 INTRODUCED BY: COUNC MBER, COUNTY OF HAWAII Y+ COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii FORD X HIGA X I hereby certify that the foregoing RESOLUTION was by HOFFMANN X vote indicated to the right hereof adopted by the COUNCIL of the ~inty ofHawai`ion September 19, 2007 JACOBSON X X ACOB NAEOLE X EST: PILAGO X YAGONG YOSHIMOTO FYI 5 4 0 0 Reference: C-349.543/FC-129 r) CLERK & STING OFFICER RESOLUTION NO. 169 07 or COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 2SG 07 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF WAI°ELE IN THE DISTRICT OF PUNA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAPI COUNTY CODE, 1983 (2005 EDITION, AS AMENDED). WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public Access, Open Space, and Natural Resources Preservation Commission (Commission); and WHEREAS, section 2-214, Hawaii County Code, established the Public Access, Open Space, and Natural Resources Preservation Fund; and do WHEREAS, section 2-217, Hawaii County Code, provides in pertinent part that the Commission's first duty and responsibility is, "To develop and submit to the Mayor an initial +r island-wide prioritized list of qualifying lands worthy of preservation..." and for the priorities to be "...listed on an island-wide rather than district basis"; and WHEREAS, the Commission did forward its initial list to the Mayor on April 5, 2006 and then its updated list to the Mayor on December 27, 2006; and WHEREAS, on the Commission's updated list, Wai`ele is listed as the number-seven priority and assigned an 80 per cent criteria score; and WHEREAS, the Commission identified the significance of Wai`ele's cultural and historical sites, that it holds one of the last hala groves in this area, that it is adjacent to Kahuwai, a site with existing educational programs, and that it is adjacent to the Nanawale Forest Reserve; and WHEREAS, the Commission anticipated Wai`ele being utilized for swimming, snorkeling, picnicking, fishing, camping, and for traditional gathering practices, namely for lauhala and la`au lapa`au; and 40 WHEREAS, the Commission deemed Wai`ele a priority for purchase as there is a groundswell of community support for its acquisition and because it is currently on the market for sale; and WHEREAS, section 2-218(a), Hawaii County Code, in pertinent part, states, "Where r there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution"; and low WHEREAS, in the interest of protecting one of Puna's limited access points to the shoreline, portions of the properties at Wai`ele to be acquired are covered by Tax Map Keys (TMK) 1-4-03-003 and 1-4-03-037; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the ' director of finance is authorized to enter into negotiations for the acquisition of Wai`ele in the District of Puna, pursuant to the terms of this resolution; and BE IT FURTHER RESOLVED that the director of finance is hereby authorized to - initiate any funding mechanisms required for the acquisition of Wai`ele, in accordance with chapter 2, article 42, Hawaii County Code, relating to the Public Access, Open Space, and Natural Resources Preservation Fund and Commission; and BE IT FURTHER RESOLVED that the Hawaii County Council welcomes individuals who are willing to share their expertise and engage with others in an open process to form a new non-profit solely dedicated to the management of Wai`ele; and BE IT FURTHER RESOLVED that Contingency Relief funds from District 5 would be provided for facilitation services through the Department of Research and Development or by contract if the community desires help in building a community-based non-profit organization; and BE IT FURTHER RESOLVED that the Hawaii County Department of Parks and Recreation and Hawaii County Land Management Division is requested to select a community- based non-profit organization that contains diverse community membership, namely with expertise in economics, education, Hawaiian cultural practices, shoreline management, fundraising and community building, and any other necessary skills to manage this public resource; and +r 2 BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to Mayor Harry Kim, the director of finance, Governor Linda Lingle, the director of the Department of Land and Natural Resources, Senators Daniel Inouye and Daniel Akaka, and Representatives Neil Abercrombie and Mazie Hirono. Dated at Kona Hawaii, this 6th day of September , 2007. INTRODUCED BY: Ata'~i COUNCIL MBER, COUNTY OF HAWAII .r .r r a r COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii FORD x HIGA x I hereby certify that the foregoing RESOLUTION was by HOFFMANN X I._ vote indicated to the right hereof adopted by the COUNCIL of the ')untyofHawai`ion September 6, 2007 IIKEDA x DA JACOBSON x NAEOLE X AQ-rEST: PILAGO X YAGONG x YOSHIMOTO X ' 8 0 1 0 • Reference: C-569/FC-137 "hUNTY CLERK CHAIRMAN P SID G OFFICER RESOLUTION NO. 286 07 +w 3 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 287 07 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF HONOLULU LANDING IN THE DISTRICT OF PUNA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED). WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public Access, Open Space, and Natural Resources Preservation Commission (Commission); and WHEREAS, section 2-214, Hawaii County Code, established the Public Access, Open Space, and Natural Resources Preservation Fund; and 40 WHEREAS, section 2-217, Hawaii County Code, provides in pertinent part that the Commission's first duty and responsibility is, "To develop and submit to the Mayor an initial • island-wide prioritized list of qualifying lands worthy of preservation..." and for the priorities to be "...listed on an island-wide rather than district basis"; and " WHEREAS, the Commission did include Honolulu Landing on its initial list forwarded to the Mayor on April 5, 2006 and also on its updated list to the Mayor on December 27, 2006; and WHEREAS, on the Commission's updated list, Honolulu Landing is ranked as the number-five priority and assigned an 85 per cent criteria score; and WHEREAS, Honolulu Landing is identified in the 2005 Hawaii County General Plan as both an important site for protection and an area that should be developed for recreational use; and m WHEREAS, the area, along with having ample opportunities for swimming, snorkeling, picnicking, camping and fishing, contains significant cultural and historical sites; and WHEREAS, section 2-218(a) states, in pertinent part, "Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution"; and WHEREAS, in the interest of protecting access to Puna's coastline and ensuring there are recreational opportunities for residents of Hawaii and tourists, portions of the properties to be acquired are covered by Tax Map Keys (TMK) 1-4-3:19 and 1-4-3:20; now, therefore, r BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAP°I that the director of finance is authorized to enter into negotiations for the acquisition of Honolulu Landing in the District of Puna, pursuant to the terms of this resolution; and BE IT FURTHER RESOLVED that the director of finance is hereby authorized to initiate any funding mechanisms required for the acquisition of Honolulu Landing, in accordance with chapter 2, Article 42, relating to the Public Access, Open Space, and Natural Resources Preservation Fund and Commission; and Y" BE IT FURTHER RESOLVED that the Hawaii County Council welcomes individuals who are willing to share their expertise and engage with others in an open process to form a new non-profit solely dedicated to the management of Honolulu Landing; and BE IT FURTHER RESOLVED that Contingency Relief funds from District 5 would be provided for facilitation services through the Department of Research and Development or by contract if the community desires help in building a community-based non-profit organization; and rr BE IT FURTHER RESOLVED that the Hawaii County Department of Parks and Recreation and Hawaii County Land Management Division is requested to select a community- based non-profit organization that contains diverse community membership, namely with expertise in economics, education, Hawaiian cultural practices, shoreline management, fundraising and community building, and any other necessary skills to manage this public ri resource; and r r r r r r s w r 2 BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to Mayor Harry Kim, the director of finance, Governor Linda Lingle, the director of the Department of Land and Natural Resources, Senators Daniel Inouye and Daniel Akaka, and Representatives Neil Abercrombie and Congresswoman Mazie Hirono. Dated at Kona Hawaii, this 6th day of September , 2007. INTRODUCED BY: - r COUNCIL AMBER, COUNTY OF HAWAII - ~r - +r •r - - COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii FORD X HIGA X I hereby certify that the foregoing RESOLUTION was by HOFFMANN X jjie vote indicated to the right hereof adopted by the COUNCIL of the FDA X 'ountyofHawai`ion September 6, 2007 JACOBSON X NAEOLE X '1TTEST: PILAGO X rr YAGONG X _ YOSHIMOTO X 1 Reference: C-570/FC -13 B ~287 0'7 AUNTY CLERK CHAIRMAN & P SIDING OFFICER RESOLUTION NO. 28 r 3 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 288 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF CAPE KUMUKAHI IN THE DISTRICT OF PUNA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAFI COUNTY CODE 1983 (2005 EDITION, AS AMENDED). rr WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public Access, r Open Space, and Natural Resources Preservation Commission (Commission); and WHEREAS, section 2-214, Hawaii County Code, established the Public Access, Open r Space, and Natural Resources Preservation Fund; and WHEREAS, section 2-217, Hawaii County Code, provides, in pertinent pdrt, that the wr Commission's first duty and responsibility is, "To develop and submit to the Mayor an initial island-wide prioritized list of qualifying lands worthy of preservation..." and for the priorities to be "...listed on an island-wide rather than district basis"; and r WHEREAS, the Commission did forward its initial list to the Mayor on April 5, 2006, establishing the purchase of Cape Kumukahi as a priority for purchase, noting the need both for recreational opportunities and for a regional coastal park in Puna; and WHEREAS, the Commission forwarded its updated list to the Mayor on December 27, 2006, establishing the purchase of Cape Kumukahi as the number-six priority, assigning it an 83 per cent criteria score; and 'r WHEREAS, Cape Kumukahi is mentioned in the 2005 Hawaii County General Plan as an important site for protection; and WHEREAS, the Commission also noted the need to protect the threatened turtles at Cape Kumukahi, along with its value as being one of the few sand beaches in the region with shade; and WHEREAS, section 2-218(a) states, in pertinent part, "Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution"; and WHEREAS, section 2-217(4) states, "The Commission shall give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal and/or private funds"; and rr rl WHEREAS, the portion of property to be acquired is covered by Tax Map Key (TMK) 1-4-002-052, the area known as Cape Kumukahi; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the director of finance is authorized to enter into negotiations for the acquisition of Cape Kumukahi in the District of Puna, pursuant to the terms of this resolution; and W BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of Cape Kumukahi, in accordance with chapter 2, article 42, Hawaii County Code, relating to the Public Access, Open Space, and w Natural Resources Preservation Fund and Commission; and BE IT FURTHER RESOLVED that the Hawaii County Council welcomes individuals rr who are willing to share their expertise and engage with others in an open process to form a new non-profit solely dedicated to the management of Cape Kumukahi; and urr BE IT FURTHER RESOLVED that Contingency Relief funds from District 5 would be provided for facilitation services through the Department of Research and Development or by contract if the community desires help in building a community-based non-profit organization; r and BE IT FURTHER RESOLVED that the Hawaii County Department of Parks and Recreation and Hawaii County Land Management Division is requested to select a community- based non-profit organization that contains diverse community membership, namely with expertise in economics, education, Hawaiian cultural practices, shoreline management, 'r fundraising and community building, and any other necessary skills to manage this public resource; and s 2 BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to Mayor Harry Kim, the director of finance, Governor Linda Lingle, the director of the Department of Land and Natural Resources, Senators Daniel Inouye and Daniel Akaka, and Representatives Neil Abercrombie and Mazie Hirono. Dated at Kona Hawaii, this 6th day of September , 2007. aO INTRODUCED BY: COUNCIL MBER, COUNTY OF HAWAII r COUNTY COUNCIL ROLL CALL VOTE ' County of Hawaii AYES NOES ABS EX Hilo, Hawaii FORD X HIGA X I hereby certify that the foregoing RESOLUTION was by HOFFMANN X h.. vote indicated to the right hereof adopted by the COUNCIL of the IKEDA X "untyofHawai`ion September 6, 2007 JACOBSON X W NAEOLE X 6TTEST: PILAGO X r YAGONG X \ C~ YOSHIMOTO X 8 0 1 0 Reference: C-571/FC -139 1 288 07 "AUNTY CLERK CHAIRMAN & P SID G OFFICER RESOLUTION NO. • r 3 W COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 404 06 » A RESOLUTION REQUESTING THE MAYOR AND HIS ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE OWNER OF THE PUAPUA`A .m PROPERTIES MAKAI OF ALI»I DRIVE IN ORDER TO PRESERVE NUMEROUS PRE-HISTORIC AND HISTORIC CULTURAL SITES AND STRUCTURES, INCLUDING A BURIAL COMPLEX AND THE KAUAKAIAKAOLA HEIAU. wr WHEREAS, the Puapua»a properties are comprised of approximately 12.639 acres it located approximately two miles south of Kailua Village on the makai side of Ali`i Drive and north of the Casa de Emdeko Condominiums, more particularly described by the following tax map key parcels: (3) 7-5-020-022, consisting of approximately 4.2004 acres; py (3) 7-5-020-024, consisting of approximately 3.0780 acres; (3) 7-5-020-028, consisting of approximately 0.0329 acres (kuleana parcel); and • (3) 7-5-020-034, consisting of approximately 5.3275 acres; and WHEREAS, the Puapua»a properties are currently owned by one entity, and have never r» been developed and are vacant; and WHEREAS, the Puapua»a properties contain numerous pre-historic and historic cultural sites and structures, including a burial complex and the Kauakaiakaola Heiau that is described in "Heiau of the Island of Hawai»i, A Historic Survey of Native Hawaiian Temple Sites" by +r' William Ellis and is named by him; and WHEREAS, the approximately 12.639-acre Puapua»a properties were studied in detail in an Archaeological Inventory completed by Cultural Surveys Hawaii in August of 1994 by Hammatt, Borthwick, Collins, Heidel and Robins; and • WHEREAS, the Kauakaiakaola Heiau is built of "immense blocks of lava" with dimensions 150 feet by 70 feet, with a smaller enclosure at the north end 60 feet long and 10 feet wide, partitioned off by a high wall, with but one narrow entrance to the ocean with indications that idols stood there at one time; and WHEREAS, at the western side of the heiau are a number of platforms and small enclosures that suggest house foundations, one of which is lined with lava rock, while its upper surface is paved with smooth coral fragments; and WHEREAS, this heiau site and surrounding properties have been bought and sold several times, yet have never been developed; and WHEREAS, the present owner has applied for a shoreline certification from the State Department of Land and Natural Resources and may have submitted a subdivision application to the Hawaii County Planning Department; and WHEREAS, time is of the essence since it appears that the present owner is actively d w pursuing development of the Puapua` a properties, placing the historic lands in imminent threat of encroachment, and preservation of this historic area should be addressed as soon as possible; and u~u WHEREAS, there may be opportunities to preserve the Puapua`a properties, including gifting of property, conservation easements, land exchanges, transfers of development rights, and outright purchase by the County or State which could enter into a management plan with an appropriate and qualified person or organization for the ongoing preservation and care of the 'r historic properties and surrounding area. ^ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY • OF HAWAI'I that with input from numerous Hawaiian and local citizen groups throughout the County and State, the Council considers the Puapua`a properties among the most important historic and cultural sites in the State, along with other West Hawaii historic sites Keolanahihi (Kamoa Point), Mo`okini Heiau, together with the National Parks in West Hawaii, Pu`uhonua O Honaunau, Kaloko-Honokohau and Pu`u Kohola, which by their very numbers indicate the historical importance of West Hawaii to pre-contact era people and, which, by their preservation will provide the opportunity for present-day people of Hawaii to better understand and preserve the past; and • BE IT FURTHER RESOLVED that the Council requests the Mayor and his Administration to move with due speed to preserve the Puapua` a properties makai of Ali`i Drive, rr consisting of numerous prehistoric and historic cultural sites and structures, including a burial complex and the Kauakaiakaola Heiau, by commencing negotiations with the present owner as soon as possible; and • rr r 2 BE IT FINALLY RESOLVED that certified copies of this Resolution be delivered to the Honorable Harry Kim, Mayor; the Department of Land and Natural Resources, State Historic Preservation Division; the Office of Hawaiian Affairs; and the Hawaii County Public Access, Open Space, and Natural Resources Preservation Commission. Dated at Hilo , Hawaii, this 7th day of September 1 2006. INTRODUCED BY: JJ4 CO CIL MEMBER, COUNTY OF HAWAII r i ill lYr COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS Ex Hilo, Hawaii ARAKAKI X HIGA x I hereby certify that the foregoing RESOLUTION was by HOFFMANN R vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH R >wty ofHawai`ion September 7, 2006 MEDA X ISBELL X WTTEST: JACOBSON % PILAGO R ilk SAFARIK % r 9 0 0 0 Reference: C-969/pC-105 BOUNTY CLERK CHAIRMAN & PRESIDING OF R RESOLUTION NO. 4Q 4 06 3 r ' i7 COUNTY OF HAWAII STATE OF HAWAII ~•Oi M'+ RESOLUTION NO. 451 OG A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY PARCELS 9-5-017:007, 9-5-017:005,9-5-016:025, AND 9-5-016:006, COMPRISING APPROXIMATELY 785.161 ACRES OF LAND, COLLECTIVELY KNOWN AS KAWA`A AND KAWA`A BAY, IN THE DISTRICT OF KA`V, PURSUANT TO ORDINANCE NO. 05-166. WHEREAS, Ordinance No. 05-166, as codified in chapter 2, article 42, of the Hawaii County Code 1983 (2005 Edition, as amended) established the Public Access, Open Space, and Natural Resources Preservation Commission; and WHEREAS, Ordinance No. 05-166, as codified in chapter 2, article 42, of the Hawaii County Code 1983 (2005 Edition, as amended) also established the Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, section 2-217(1) of the Hawaii County Code 1983 (2005 Edition, as ' amended) provides that the Public Access, Open Space, and Natural Resources Preservation r Commission's first duty and responsibility is: "To develop and submit to the mayor, an initial island-wide prioritized list of qualifying lands worthy of preservation within six months of being confirmed to the commission by the council. Priorities shall be listed on an island-wide rather than district basis. The list shall include the significance of each parcel or entitlement identified, the reason for its priority, and its anticipated use after acquisition."; and WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Commission forwarded its initial list to the Mayor on April 5, 2006, establishing the purchase of Kawa`a/Kawa`a Bay as the number one priority, assigning it an 88 per cent criteria score; and r WHEREAS, the Kawa`a/Kawa`a Bay parcels identified for preservation are comprised of _ four tax map key parcels totaling approximately 785.161 acres of land, more specifically designated as TMK 9-5-017:007, consisting of approximately 234.290 acres, TMK: 9-5-017:005, consisting of approximately 363.188 acres, TMK: 9-5-016:025, consisting of approximately 106.380 acres, and # TMK: 9-5-016:006, consisting of approximately 81.303 acres, as shown on the map attached hereto as Exhibit "A"; and WHEREAS, the Mayor forwarded the report of the Public Access, Open Space, and Natural " Resources Preservation Commission to the Hawai `i County Council on May 18, 2006, concurring with the Commission's finding of Kawa`a/Kawa`a Bay as the number one priority for purchase, citing the fact that it is currently on the market for sale; and w r r s WHEREAS, certain cultural and historical aspects of this area are unrivaled as it is among the earliest known population settlement areas on Hawaii Island and includes physical remains of petroglyphs; and WHEREAS, given the area's cultural and historical significance, easily accessible shoreline, and general location within the region, purchase of the above listed parcels is important to ensure that this area is held in perpetuity to preserve public access, open space, and natural resources for area residents and the Native Hawaiian community for the continuance of traditional and cultural practices and recreational use; and WHEREAS, subsection 2-218(a) of the Hawaii County Code 1983 (2005 Edition, as amended) provides, in pertinent part: "Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution."; and WHEREAS, funds in the Public Access, Open Space, and Natural Resource Preservation Fund will be used to leverage funding from the Hawaii State Forestry Program and the Federal Forest Legacy Program; and WHEREAS, to ensure that public interests are served into the future, the Ka`n Preservation Society is currently working on a management agreement and plan for the Kawa`a/Kawa`a Bay area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to Ordinance No. 05-166, the Director of Finance is hereby authorized to enter into negotiations for the acquisition of Kawa`a/Kawa`a Bay identified by the following tax map key parcels totaling approximately 785.161 acres: 9-5-017:007 consisting of approximately 234.290 acres, 9-5-017:005 consisting of approximately 363.188 acres, 9-5- 016:025 consisting of approximately 106.380 acres, and 9-5-016:006 consisting of approximately 81.303 acres. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of Kawa`a/Kawa`a Bay in accordance with the terms of Ordinance No. 05-166. r irl BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to Mayor Harry Kim; the Finance Director; the Public Access, Open Space, and Natural Resources Preservation Commission; U. S. Senator Daniel Inouye; U. S. Senator Daniel Akaka; U. S. Representative Neil Abercrombie; and U. S. Representative Ed Case. Dated at Hilo Hawaii, this 16th day of October 2006. INTRODUCED BY: COUNC "ER, COUNTY OF HAWAII r COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI X HIGA X r I hereby certify that the foregoing RESOLUTION was by HOFFMANN X vote indicated to the right hereof adopted by the COUNCIL of the Q HOLSCHUH ountyofHawai`ion October 16, 2006 X IKEDA ISBELL X ,p,TTEST: JACOBSON X PILAGO X SAFARIK X 8 1 0 0 (a " Reference: f-10636 0- 77 T JNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 451 06 +r 3 b ~ G4 cd Cd M 3 3 0 0 C> 4 C C) ~ W tr) r ~ o ~ n r x - "s d i f,FC e' T., 7 4C f, a 'f Tt. f Listing of Potential Funding Programs and Grant Sources Ecosystem Conservation and Restoration for Hawaii and the Pacific provides a number of services that may be applicable to communities at their web site below: http://www.ponopaacific.com/conservation3.htmi Potential Funding Programs Forest Legacy Program Land and Water Conservation Fund North American Wetland Conservation Act (NAWCA) A Coastal Program TEA-21ASTEA (transportation enhancements) National Fish and Wildlife Foundation Grants Migratory Bird Conservation Fund Wetlands Reserve Program National Coastal Wetlands Conservation Grant Program Safe Drinking Water Act Forest Legacy Program Goals/Description The Forest Legacy Program was created with the purpose of identifying and protecting environmentally important forests threatened by conversion to non-forest uses. The Federal government, states and local partners, use funds provided through the program to buy conservation easements, or to purchase the land from willing sellers outright. The program is intended to protect important scenic, cultural, fish, wildlife, and recreational resources, riparian areas, and other ecological values. State or local partners provide at least 25 percent of the funds. Eligibility: States decide whether to participate in the program. Priority is given to lands that can be effectively protected and managed. Participating states have identified areas that are important because they may protect water quality, provide key wildlife habitat, offer outstanding recreation opportunities or scenic views, or contain historical sites, while providing the opportunity to continue traditional forest uses such as r timber harvesting. Any landowner within one of these designated areas may apply for consideration. Landowners are required to have management plans and to manage their land according to the plan. Lead Agency: USDA Forest Service, State & Private Forestry Legislative Authority: Food, Agriculture, Conservation, and Trade Act of 1990 (Farm Bill) .r P.L. 101-624: 104 scat 3359. Amended the Cooperative Forestry Assistance Act (CFAA) of 1978 (16 U.S.C., 2103c et.sec) Website: h"://www.na.fs.fed.usAe-,acy/index.htm r Land and Water Conservation Fund Goals/Description Created in 1965, the LWCF is the largest source of federal money for park, wildlife, and open space land acquisition. Its funding comes primarily from offshore oil and gas drilling receipts, with an authorized expenditure of $900 million each year. Under the act, a portion of the money is intended to go to federal land purchases and a portion to the states as matching grants for local projects. As a rule, at least 40% of w funds must be used for the federal program in a given year. Eligibility: All states, the District of Columbia, and several U.S. territories. Entities must have an acceptable Statewide Comprehensive Outdoor Recreation Plan to receive funds from the National Park Service. Local governments apply to their state or territorial government for funding. Lead Agencies: National Park Service, Forest Service, Fish and Wildlife Service, and Bureau of Land Management Legislative Authority: The Land and Water Conservation Fund Act of 1965. ~M Websites: www.ncrc.nps.mov/lwcf/, www.abrinfo.or¢J 1 " APPENDIX 10 North American Wetland Conservation Act (NAWCA) Note: also see Coastal Program. Program Goals/Description Enacted by Congress in 1989 through the U.S. Fish and Wildlife Service, NAWCA's purpose is to encourage voluntary, public-private partnerships to conserve North American wetland ecosystems. The wetland project must be passed for approval by the North American Wetlands Council for consideration for federal funding. The project must have a private funding match to the Federal grant funds and support conservation of migratory non-game birds and endangered species. Congress appropriated $15 million for NAWCA in FY99 and is proposing $15 million be available in FY2000. Eligibility: Public or private, profit or nonprofit entities or individuals establishing public-private sector partnerships. Lead Agency: US Fish & Wildlife Service Legislative Authority North American Wetlands Conservation Act ,w Coastal Wetlands, Planning, Protection, and Restoration Act rr Websites: httv://www.fws.gov/r9nawwo/pTani)ro.htrnl Coastal Program Note: also see NAWCA and Coastal Wetland Grants as they relate to the Coastal Program. Program Goals/Description The U.S. Fish and Wildlife Service (FWS) Coastal Program (CP) works to conserve healthy coastal habitats for the benefit of fish, wildlife, and people. The program forms cooperative partnerships designed to (1) protect coastal habitats through conservation easements and acquisitions; (2) restore coastal wetlands, uplands, and riparian areas; and (3) remove barriers to fish passage in coastal watersheds and estuaries. Program biologists provide restoration expertise and financial assistance to federal and state agencies, local and tribal governments, businesses, private landowners, and conservation organizations such as local land trusts and watershed councils. Eligibility: Projects on either public or private land in coastal watersheds. Lead Agency: US Fish & Wildlife Service Legislative Authority 1. Fish and Wildlife Act of 1956, 16 U.S.C. 742(a)-754 2. Fish and Wildlife Coordination Act, 16 U.S.C. 661-667(e) Website: htto'//www.fws.gov/cep/coastweb.html TEA-21/ISTEA (transportation enhancements) Program Goals/Description r originally authorized in 1991, the Intermodal Surface Transportation Efficiency Act (also known as ISTEA, or "ice tea") provided an important source of federal funds-transportation enhancements--for various park and recreation projects. Prior to 1991, federal transportation funding usually went to the interstate highway system. But ISTEA took a broader approach to the nation's transportation needs. ISTEA stipulated that 10 percent of federal funds distributed to states through the Surface Transportation Program be dedicated to transportation "enhancements," which includes acquisition of conservation and scenic easements. (Visit http://www.thwa.dot.gov/tea2l/factsheets/te.hbn for more information on the enhancements program.) Between 1991 and 1997, $2.6 billion went to enhancement projects such as bicycle and pedestrian facilities and the conversion of abandoned rail corridors into greenways and multiuse trails. Historic and archeological sites were preserved. Highways were landscaped and roadside billboards removed. A fraction offends also went to secure ecologically sensitive land and scenic areas. In 1998, Congress reauthorized ISTEA and renamed it TEA-21-the Transportation Efficiency Act for the 21It Century. -2- Eligibility: For transportation enhancements program: Requires that transportation enhancement activities must relate to surface transportation. Expands the definition of transportation enhancements eligibilities to specifically include the following: • provision of safety and educational activities for pedestrians and bicyclists • scenic or historic highway programs (including provision of tourist and welcome center facilities) • environmental mitigation to address water pollution due to highway runoff or reduce vehicle- caused wild-life mortality while maintaining habitat connectivity Lead Agency: Dept. of Transportation Legislative Authority The Transportation Equity Act for the 21st Century was enacted June 9, 1998 as Public Law 105-178. TEA-21 authorizes the Federal surface transportation programs for highways, highway safety, and transit for the 6-year period 1998-2003. The TEA 21 Restoration Act, enacted July 22, 1998, provided technical corrections to the original law. Website: htto://www.fbwa.dot.gov/tea21/index.btm National Fish and Wildlife Foundation Grants Program Goals/Description The National Fish and Wildlife Foundation, a non-profit organization, was established by Congress to award grants for conservation activities that support habitat protection and restoration, research, public awareness and education, and management. Federal funds directed from many federal land management agencies to the Foundation are used as seed money to attract additional private donations. Ultimately, the Foundation releases funds to grant recipients on a matching grant basis. Grants typically range form several thousand dollars to more than $100,000 and can be directed to federal and state agencies, universities, non- profit organizations, and private corporations. The foundation administers a general challenge grant and small grant programs, as well as special grant programs with specific guidelines and tune-lines. Eligibility Funding Source: The Foundation awards challenge grants utilizing federal matching funds provided by annual Congressional appropriations and agreements with federal agencies including the U.S. Fish and Wildlife Service, Agency for International Development, Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, and USDA-Forest Service. The Foundation also receives and awards contributions from select foundations, corporations, and other non- federal entities. Lead Agency: Private non-profit organization established by Congress Website: b"://www.nfwf.ore/index.htm Migratory Bird Conservation Fund Program - Goals/Description The Migratory Bird Conservation Fund provides the U.S. Fish and Wildlife Service with funding for the acquisition of migratory bird habitat. There are four major sources of money for the Fund: revenues from the sale of the Duck Stamp, appropriations from the Wetlands Loan Act, import duties collected on amts and ammunition; and receipts from the sale of refuge admission permits. There are two land acquisition programs within this Fund. One is the purchase of major areas for migratory birds. Lands acquired through this program must be considered and approved by the Migratory Bird Conservation Commission, which includes members of Congress as well as members of the Cabinet. The second program involves acquisition of small wetland areas with associated uplands. These lands, known as Waterfowl Production W Areas, are acquired under the revenues of the Duck Stamp, and do not require approval of the Commission. Eligibility: Primarily focused on web-footed birds and their wetland habitats. Generally applied to lands that will be added to the National Wildlife Refuge System. r Lead Agency: US Fish & Wildlife Service Website ow 3 - Wetlands Reserve Program Program Goals/Description This voluntary program provides landowners with financial incentives to restore and protect wetlands in exchange for retiring marginal agricultural land. Landowners may sell a conservation easement or enter into a cost-share restoration agreement. Landowners voluntarily limit future use of the land, but retain W° private ownership. Landowner and the Natural Resources Conservation Service works together to develop a plan for the restoration and maintenance of the wetland. " Eligibility: Easement participant must have owned the land for at least 1 year. Owner may be an „a individual, partnership, association, corporation, estate, trust, business, or other legal entity; a state (when applicable); a political subdivision of a state; or any agency thereof owning private land. Land must be restorable and be suitable for wildlife benefits. • Project size has ranged from 2 to 10,000 acres, though not restricted to size requirements. • Funds can be used to protect up to 1 acre of upland to 6 acres of wetland. Lead Agency: Natural Resources Conservation Service Legislative Authority MW Food Security Act of 1985, Title XII, Public Law 99-198, as amended Food, Agriculture, Conservation, and Trade Act of 1996 rni Websites: htto://www.nhg.nres.usda.gov/PROGRAMS/wrn/index.htm] httty//www.wl.fb-net.ora htti):HaMe.os.dhhs.gov/cfda/i)10072.htm wn~ National Coastal Wetlands Conservation Grant Program Note: also see Coastal Program. Program Goals/Description %W The National Coastal Wetlands Conservation Grant Program provides matching grants for the acquisition, restoration, management, or enhancement of coastal wetlands. The selection of proposals is a competitive process, based on their national importance and giving priority to such factors as (1) consistency with the w National Wetlands Priority Plan, (2) conservation of maritime forests on coastal barriers, (3) benefits to threatened and endangered species, and (4) encouraging cooperative efforts. Matching grants to state agencies. (75 percent of the total project funds can be granted if the state has a special fund designated for the purpose of acquiring coastal wetlands, natural areas, or open spaces.) ~r Eligibility Designated state, territorial or commonwealth resource agencies of coastal states, including states that border the Atlantic or Pacific Oceans, the Gulf of Mexico, and the Great Lakes. r • Other organizations may partner with state agencies for project implementation. (Contact your regional FWS office or designated state, territorial, or commonwealth resource agency for more information.) Lead Agency: U.S. Fish and Wildlife Service Branch of Habitat Restoration, Division of Habitat Conservation Legislative Authority The Coastal Wetlands Planning, Protection, and Restoration Act of 1990, 16 U.S.C. 3951-3956 y Contact Website: httn://www.fws.eov/ceo/cwecover.html +r Safe Drinking Water Act Program 'w Goals/Description The Safe Drinking Water Act of 1974 was reauthorized in 1996 in an effort to make more loans and grants available to the states for the protection of drinking water throughout the United States. This bill created a special state revolving loan fund of up to $1 billion a year that states can draw from to upgrade local water -4- systems. Loan assistance is granted to a state if the purpose of the loan is to acquire land or a conservation easement from a willing seller or grantor to protect a water source from contamination. Lead Agency: Environmental Protection Agency Websites: bM://www.eoa.pov/safewater/sdwa/sdwa 1/ w r r r r r W r -5-