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HomeMy WebLinkAboutCOM 0609.000 2010-2012 William P. Kenoi ��v os William T.Takaba Mayor .-�:•,�i^ �.�' Managing Director y �Idq n; ;f:•', Walter K.M. Lau . Deputy Managing Director ounf of Patunn`Y ®ffirt of fir Atuor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 _ ) KONA: 74-5044 Ane Keohokalole Highway,Bldg.C • Kailua-Kona,Hawaii 96740 • (808)323-4444 • Fax(808)323-4440 February 23, 2012 The Honorable Dominic Yagong, Chairperson, and Members of the Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 Re: 2011 Annual Report to the Mayor Public Access, Open Space and Natural Resources Preservation Commission Dear Chairperson Yagong and Council Members: Pursuant to Section 2-217 of the Hawai`i County Code, the 2011 Annual Report from the Public Access, Open Space and Natural Resources Preservation Commission was previously transmitted as required by December 31, 2011. Pursuant to Section 2-218 of the Hawai`i County Code, I am transmitting herewith my comments and recommendations on the Commission's 2011 Annual Report and updated Prioritized List. This year the Commission considered only properties submitted by the public in the 2011 Suggestion Forms when determining the 2011 Prioritized List. Their decision was based upon anticipated use, significance and benefit to the public and special opportunities available for acquisition and management. Also included in the annual report is a"Status of Properties on Past Prioritized Lists from 2006-2010"providing detailed information for past prioritized properties along with an updated Comprehensive List including what years the suggestion forms were submitted by the public and is sorted by tax map key and district. Summary of Authorized Land Acquisitions By way of prior resolutions, the County Council has authorized the Finance Director to enter into negotiations to acquire a number of parcels since the establishment of the Commission. A list of the prior resolutions approved by the County Council is summarized below: //c (Note: A DVD entitled, "2011 Annual Report to the Mayor," Comm. N ( e. (cog is on file in the Office of the County Clerk.) Ref. To: FL Ref. Date FEB 2 9 201Z County of Hawaii is an Equal Opportunity Provider and Employer Honorable Dominic Yagong, Chair and Members of the Hawai`i County Council February 23, 2012 Page 2 Reso. No. Property Description 404-06 Puapua`a, North Kona 451-06 Kawa and Kawa'a Bay, Ka`u (4 parcels) 427-06 Waipi`o Lookout Point, Hamakua 169-07 Punalu`u Beach Park/Adjacent Lands, Ka`u 286-07 Wai`ele, Puna 287-07 Honolulu Landing, Puna 288-07 Cape Kumukahi, Puna 616-08 Pa`o`o,North Kohala 644-08 Kaiholena,North Kohala 372-10 Lucile P. Kingman Trust, North Kona(2 parcels) 373-10 Lucile P. Kingman Trust,North Kona(1 parcel) 49-11 Kahuku Coastal Property, Ka`u 71-11 Pohoiki Bay, Puna As you are aware, the County has successfully completed five acquisitions totaling 949.193 acres with funds from the Public Access, Open Space and Natural Resources Preservation Fund (FUND). In addition, a total of$4,166,750.00 was obtained from state and federal grants towards these completed acquisitions. • The first purchase was completed in October 2007 for approximately 1.8 acres, Tax Map Key (TMK): (3) 4-8-04:06 at the gateway into Waipi`o Valley also referred to as the "Rice Property" at a purchase price of$900,000.00. • The second purchase was completed in January 2008 and involved one of four parcels (TMK: (3) 9-5-17:07) authorized by the County Council containing 234 acres at Kawa, Ka`u, Hawai`i for a purchase price of$1,920,000.00. The County was able to supplement the sale with a$1,214,750.00 grant from the State of Hawai`i, Department of Land and Natural Resources (DLNR), Legacy Land Conservation Program (LLCP). • The third purchase was finalized in January 2010 for four parcels (TMK's: (3) 5-8- 01:11, 19, 20 & 24) in Kaiholena, North Kohala totaling 151 acres for $6,541,680.00. • The fourth purchase, second acquisition for 2010, was completed in October for 10.61 acres of coastal land in Pa`o`o, North Kohala. The purchase price was for $1,890,000.00 and partially funded by a$945,000.00 grant from the State, DLNR LLCP thanks to the efforts and assistance from The Trust for Public Lands (TPL). • The fifth purchase finalized in November 2011, was for the three remaining parcels of land in Kawa, Ka`u(TMK's: (3) 9-5-16:06 & 25; 9-5-17:05)totaling 550.871 acres. The County, with the assistance of TPL, obtained $1,500,000.00 from the State, DLNR LLCP along with $507,000.00 from the U.S. Fish and Wildlife, Recovery Land Acquisition Grant towards the purchase price of$3,900,000.00. County of Hawaii is an Equal Opportunity Provider and Employer Honorable Dominic Yagong, Chair and Members of the Hawai`i County Council February 23, 2012 Page 3 Status of Funds—Public Access, Open Space and Natural Resources Preservation Fund For the benefit of the County Council, I have attached a summary of the FUND and all monies deposited and disbursed since its establishment. Management and Stewardship Concerns The funding of management and stewardship efforts in connection with acquired properties still remains a significant concern. As a result of this, Ordinance No. 12-16 was passed on February 6, 2012 to initiate a charter amendment by adding a Public Access, Open Space and Natural Resources Preservation Maintenance Fund to the Hawai`i County Charter (2010 Edition). This maintenance fund, if established, will be used for maintenance of lands and easements acquired by the FUND in addition to also providing stewardship grants to non-profit organizations to assist the County in long-term management. Should it not be established, the County and interested parties will continue seeking funding from other government or private sources, and requests will be considered as part of the County's annual budget process. Below is a summary of what has been done in connection with the five acquisitions completed with monies from the FUND. Waipi`o Lookout, Hamakua Since acquisition, the Waipi`o Valley property was formally designated as the Waipi`o Community Park. The Department of Parks and Recreation(P&R) has been working with Friends of the Future (FOF), a 501(c)(3) community group to manage, maintain and discuss plans for long term community use. In March 2011, a Parks Community Partnership Program was executed between P&R and FOF as they work on a more formal agreement. Community members continue to hold work days on the first Saturday of the month to do basic weed control, removal of green debris and upkeep and maintenance on the property. In addition, FOF continues to seek additional funding to move forward the visioning/planning process for this property. Kawa'a Bay, Ka`u The second acquisition was for a 234 acre shoreline parcel in Ka`u which includes one of the few surfing spots left in the area. Since the completion of the Resources Management Plan in June 2010 for lands between Kawa and Honu'apo, the County has been working with local kupunas, community members and groups to discuss ideas for long-term management. County of Hawaii is an Equal Opportunity Provider and Employer Honorable Dominic Yagong, Chair and Members of the Hawai`i County Council February 23, 2012 Page 4 Kaiholena and Pa`o`o , North Kohala Upon acquisition, staff from P&R, Finance Property Management and the National Park Service (NPS) met to discuss management ideas. Since the Ala Kahakai National Historic Trail traverses over these parcels, a Memorandum of Understanding (MOU) was executed between the County and National Park Service (NPS) on October 24, 2011. The purpose of this MOU is for "planning, research and interpretation of the property including activities such as, but not limited to, natural and cultural resource research and documentation, community meetings and site visits, trail network design, and interpretation. " In addition, various community groups including Kohala Lihikai, Wahi Pana 0 Kohala, Kako`o and the North Kohala Community Access Group will periodically monitor and clean-up any rubbish, etc. if necessary. They have also been working on promoting local stewardship with individuals who have long term ties to the lands. Kawa, Ka`u Most recently, the fifth acquisition for three parcels in Kawa, Ka`u, was completed. This area includes a 2-acre intertidal brackish water pond, Ka`ili`ili Beach, a documented nesting area for the endangered Hawaiian Hawksbill Turtle and historic and cultural sites. The County will now work with members of the public, community groups and government agencies to address the long term stewardship and management for these properties. As you can see from the foregoing, community support and collaboration with federal and/or state departments is vital to the long-term management of these properties. Recommendations Finally, as my formal recommendation in connection with what has been submitted by the Public Access, Open Space and Natural Resources Preservation Commission, I would recommend that the County Council endorse the list as presented by the Commission. The 2011 Prioritized List is as follows: Priority Number Property Tax Map Keys 1. Banyan's Beach (3) 7-6-15:23 2. Hapu`u to Kapanai`a Cultural (3) 5-2-07:04; 5-3-07:22, 23, Corridor 26, 28, 32 & 33 County of Hawaii is an Equal Opportunity Provider and Employer Honorable Dominic Yagong, Chair and Members of the Hawai`i County Council February 23, 2012 Page 5 Priority Number Property Tax Map Keys 3. Niuli`i (3) 5-2-01:20 & 25 4. *Mahukona (3) 5-7-02:11; 5-7-03:01, 02, 03, 07, 08, 10, 18 5. Kukuipahu-Hd'ena Corridor (3) 5-6-01:101-110, 113, 118, 182, 185, 189-199 6. Keawenui Easement (3) 5-8-01:09 7. *`O`oma II (3) 7-3-09:04 & 22 8. *Maulua Gulch (3) 3-4-02:04; 3-7-01:11 (*Mahukona-currently not for sale) (*`O'oma 11—currently not for sale—we do not recommend use of PONC funds for purchase of parcel 22) (*Maulua Gulch—recommend conservation easement) Conclusion This is the seventh annual report from the Public Access, Open Space and Natural Resources Preservation Commission. The commissioners have invested much time and effort into reviewing and considering the various parcels of land recommended by the public and developing their Prioritized List. I would like to thank the hard-working members of the Public Access, Open Space and Natural Resources Preservation Commission for their dedicated work. Please feel free to contact me if you have any questions. Aloha, �` PA William P. Kenoi MAYOR Attachments Attachment 1: Summary of the Public Access, Open Space and Natural Resources Preservation Fund Attachment 2: 2011 Annual Report(10 copies) County of Hawaii is an Equal Opportunity Provider and Employer County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of February 27, 2012) Date Description Deposit Expenditure Balance Jan '06 Transfer from General Fund 1,000,000.00 1,000,000.00 Aug '06 Transfer from General Fund 1,000,000.00 2,000,000.00 Sep '06 Interest 23,671.22 2,023,671.22 Apr '07 Interest 54,334.19 2,078,005.41 Apr '07 Real Property Tax Transfer 1,462,051.38 3,540,056.79 Jun '07 Real Property Tax Transfer 57,271.51 3,597,328.30 Jul '07 Interest 34,83 5.80 3,632,164.10 Oct '07 Waipi`o Purchase 902,255.43 2,729,908.67 Oct '07 Real Property Tax Transfer 156.23 2,730,064.90 Oct '07 Interest 45,503.99 2,775,568.89 Nov '07 Waipi`o Escrow Refund 110.00 2,775,678.89 Dec '07 Real Property Tax Transfer 2,378,195.36 5,153,874.25 Jan '08 Kawa'a Purchase 1,923,388.26 3,230,485.99 Jan '08 Interest 41,260.42 3,271,746.41 Feb '08 Interest 15,884.30 3,287,630.71 Feb '08 Kawa'a Escrow Refund 80.97 3,287,71 1.68 Jun '08 Real Property Tax Transfer 1,780,905.82 5,068,617.50 Aug '08 Interest 67,373.11 5,135,990.61 Sep '08 Contribution From State for Kawa'a 1,214,750.00 6,350,740.61 Dec '08 Interest 42,867.51 6,393,608.12 Dec '08 Real Property Tax Transfer 2,494,896.33 8,888,504.45 Feb '09 Real Property Tax Transfer 6,107.29 8,894,611.74 Mar '09 Interest 2,917.45 8,897,529.19 May '09 Interest 2,601.13 8,900,130.32 Jun '09 Interest 68,217.05 8,968,347.37 Jun '09 Real Property Tax Transfer 2,000,599.35 10,968,946.72 Jul '09 Interest 1,082.72 10,970,029.44 Jul '09 Real Property Tax Transfer 21,677.30 10,991,706.74 Aug '09 Interest 453.84 10,992,160.58 Sept '09 Interest 485.65 10,992,646.23 Oct '09 Interest 1,107.65 10,993,753.88 Nov '09 Interest 280.51 10,994,034.39 Dec '09 Interest 3,306.85 10,997,341.24 Jan '10 Kaiholena North Purchase 6,550,100.82 4,447,240.42 Feb '10 Kaiholena North Escrow Refund 55.00 4,447,295.42 Feb '10 Interest 524.59 4,447,820.01 Mar'10 Interest 14,351.53 4,462,171.54 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of February 27, 2012) Date Description Deposit Expenditure Balance Apr '10 Interest 265.01 4,462,436.55 Apr '10 Pa'o'o Purchase 945,000.00 3,517,436.55 May '10 Interest 353.84 3,517,790.39 Jun '10 Interest 298.78 3,518,089.17 Jul '10 Interest 289.17 3,518,378.34 Aug '10 Interest 298.83 3,518,677.17 Sept '10 Interest 298.85 3,518,976.02 Oct '10 Interest 289.24 3,519,265.26 Nov '10 Escrow - Pa'o`o Purchase 2,586.92 3,516,678.34 Dec '10 Interest 298.91 3,516,977.25 Dec '10 Pa`o`o Escrow Refund 827.56 3,517,804.81 Jan '11 Interest 587.89 3,518,392.70 Feb '11 Interest 298.83 3,518,691.53 Apr '11 Interest 568.81 3,519,260.34 May '11 Interest 289.27 3,519,549.61 Jun '11 Interest 298.93 3,519,848.54 Jul '11 Interest 289.31 3,520,137.85 Jul '11 Escrow Deposit - Kawa Purchase 50,000.00 3,470,137.85 Sept '11 Real Property Tax Transfer 2,096,514.09 5,566,651.94 Sept '11 Kawa Purchase 1,879,859.44 3,686,792.50 Oct '11 Interest 871.92 3,687,664.42 Nov '11 Kawa Purchase (Federal RLA Grant - 507,000.00 3,180,664.42 to be reimbursed by the State) Dec '11 Interest 308.03 3,180,972.45 Dec '11 Contribution from RLA for Kawa 507,000.00 3,687,972.45 Dec '11 Real Property Tax Transfer 179,692.35 3,867,664.80 Jan '12 Kawa Escrow Refund 854.97 3,868,519.77 Jan '12 Interest 235.04 3,868,754.81 Feb '12 Escrow Dep. -Kingman Purchase(7-7-08:20) 500,000.00 3,368,754.81 Feb '12 Escrow Dep. - Kingman Purchase(7-7-08:31) 50,000.00 3,318,754.81 Feb '12 Interest 252.98 3,319,007.79 Feb '12 Kingman Purchase (7-7-08:20) 2,317,481.69 1,001,526.10 Feb '12 Kingman Purchase (7-7-08:31) 372,544.40 628,981.70 0,` 1 Aii . - VII ? (. 4 ��;,,,44 • ; 111 i •. OF Or Ali € ircyoff ) (awai ' i ■ ,... A%blito A€€C3ç open Space • al a11cLEIatilra1 ° esources ,i, 1 ID reserNra�or €oniniissiôi17 ^M: ' � I . . re x.. - r .. . 1 011 Ariiiiit1 R 1 tct1ieWycii i 1 U ' Ban ya11 BeaCII, NO1'tll KOIla, I �1an(l of Hawaii William P. Kenoi .•.qtr ' William T.Takaba Mayor ,o:;.',yy'�. Managing Director Walter K.M. Lau =- "s t' Deputy Managing Director HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION c/o 25 Aupuni Street,Suite 1101,Hilo,Hawai`i 96720 Phone: 961-8069;Fax: 961-8248 December 27, 2011 Honorable William"Billy" Kenoi, Mayor County of Hawai`i 25 Aupuni Street Hilo, Hawai`i 96720 Dear Mayor Kenoi: The Public Access, Open Space and Natural Resources Commission (PONC) submits our 2011 Annual Report for your review. Pursuant to Section 2-217 (2) of the Hawai`i County Code, we are submitting this year's prioritized list of properties. Thank you, Mayor Kenoi for supporting PONC and providing excellent staff. Clerk Alexandra Kelepolo is the glue that holds this Commission together and ensures continuity. Deputy Corporation Counsel Amy Self provides legal guidance, and Property Manager Ken Van Bergen offers proactive advice which greatly helps this volunteer Commission perform its duties. We are grateful for the groundwork laid by past Commission Chairs, especially E. Kalani Flores and Hannah Springer. They were on this Commission from its inception and their work helped guide and educate this next generation of commissioners. On behalf of the Commission, I would like to thank you for giving us the honor of serving our communities on this valuable Commission. Mahalo nui loa, _/"/V,tV/L, SARAH MOON Chair Hawaii County is an Equal Opportunity Provider and Employer Commissioners: Gail Byrne Baber;Enock Freire,Searle Grace;Debbie Hecht;Steven Hirakami; Terri Markovich; Wilma Matsumura;Sarah Moon;Marilyn Nicholson County of Hawaii Public Access, Open Space and Natural Resources Preservation Commission 2011 Annual Report to the Mayor December 27, 2011 Introduction Pursuant to Section 2-217 of the Hawai`i County Code, 1983, 2005 Edition (see Appendix 1), the Hawai`i County Public Access, Open Space, and Natural Resources Preservation Commission is submitting this 2011 Annual Report and Prioritized List to the Mayor (see Appendix 2 for detailed descriptions and maps of these prioritized properties). The Commission is advisory to the Mayor and is responsible for annually developing and submitting a prioritized list of lands to be considered for acquisition. For discussion of acquisitions completed in 2011 please refer to Appendix 3, Summary of 2011 Acquisitions. The Commission has also compiled a report on the status of all properties on past prioritized lists which provides detailed information for each property (see Appendix 4). In addition, the Commission has developed an assessment form with criteria to receive and prioritize suggestions from the community for lands worthy of preservation and/or public access. All submittals from the inception of the Commission have been put into the Comprehensive List (see Appendix 5). This list attests to the informed participation of community groups and individual citizens interested in the preservation of our island's resources. Commission Members Sarah Moon, Chair, District 4, (Term: February 11, 2008 - December 31, 2012) Terri Markovich, Vice-Chair, District 1, (Term: April 14, 2008 - December 31, 2012) Wilma Matsumura, Commissioner, District 2, (Term: May 3, 2010 - December 31, 2014) Searle Grace, Commissioner, District 3, (Term: May 19, 2010 - December 31, 2014) Steven Hirakami, Commissioner, District 5, (Term: March 4, 2009 - December 31, 2013) Marilyn Nicholson, Commissioner, District 6, (Term: November 2, 2011 - December 31, 2015) Enock Freire, Commissioner, District 7, (Term: November 2, 2011 - December 31, 2015) Debbie Hecht, Commissioner, District 8, (Term: September 1, 2011 - December 31, 2015) Gail Byrne Baber, Commissioner, District 9, (Term: May 26, 2011 - December 31, 2015) Prioritized List The 2011 Prioritized List is as follows: Priority Number Property Name with Tax Map Keys 1. Banyan's Beach (3) 7-6-15:23 2. Hapu`u to Kapanai`a Cultural (3) 5-2-07:04; 5-3-07:22, 23, Corridor 26, 28, 32 & 33 3. Niuli`i (3) 5-2-01:20 & 25 Page 1 Prioritized List(continued) Priority Number Property Name with Tax Map Keys 4. *Mahukona (3) 5-7-02:11; 5-7-03:01, 02, 03, 07, 08, 10, 18 5. Kukuipahu-Ha'ena Corridor (3) 5-6-01:101-110, 113, 118, 182, 185, 189-199 6. Keawenui Easement (3) 5-8-01:09 7. *`O`oma II (3) 7-3-09:04 & 22 8. *Maulua Gulch (3) 3-4-02:04; 3-7-01:11 (*Mahukona-currently not for sale) (*`O`oma II—currently not for sale—we do not recommend use of PONC funds for purchase of parcel 22) (*Maulua Gulch—recommend conservation easement) In developing the 2011 Prioritized List for this Annual Report, the Commission only considered properties submitted in the 2011 Suggestion Forms. The Commission developed its prioritized ranking order based upon reported urgency, anticipated use, significance and benefit to the public and special opportunities available for acquisition and management. See Appendix 2 for detailed descriptions and maps of these prioritized properties. Status of Properties on Past Prioritized Lists and Acquisitions Past prioritized lists were compiled in the Status of Properties on Past Prioritized Lists from 2006-2010 (see Appendix 4). The Commission recommends that properties from previous prioritized lists should continue to be pursued as far as possible unless: the County has already acquired the property; there are insufficient funds available for acquisition; or the County Council has not passed a resolution that would allow the property to be acquired. For the first time the Commission is including an Acquisition Status Report that provides funding sources used for acquisition (see Appendix 5). Comprehensive List of Properties Submitted by the Public The Comprehensive List (see Appendix 6) is a sequential listing by tax map key of all properties submitted by the public since 2006. Commission Meetings In light of the current economic situation, the Commission scaled back it's scheduled monthly meetings to six meetings per year, and has reduced its expenses by two thirds by using electronic filing systems. For 2011, the Commission met according to it's rules of practice and procedure (see Appendix 7). The meetings held in 2011 were: February 14 Kona September 12 Hilo April 18 Hilo October 10 Kona June 13 Kona November 14 Hilo Page 2 At each of these meetings the Commission welcomed testimony from the public. In addition to these meetings, groups of commissioners and staff presented information at most Community Development Plan Action Committee meetings. Suggestion Form The Suggestion Form [revised January 11, 2010] (see Appendix 8) is available to the public by request through the County Finance Department or on-line at the web-site below: http://www.hawaiicounty.gov/boards-and-commissions. A total of fourteen Suggestion Forms were received from the public between June 1, 2010 and May 31, 2011 (see Appendix 9). The Commission considered properties identified on these forms that were submitted by the public when creating the 2011 Prioritized List. Assessment Criteria Form The Commission updated the Assessment Criteria Form [revised April 18, 2011] (see Appendix 10). This Assessment Criteria Form was utilized to assess the suggestion forms received during the aforementioned time period. Commission and Community Recommendations and Concerns The following is a listing of recommendations and concerns identified by the Commission: ➢ The Commission and the public have expressed concerns that long-term management and maintenance should be addressed. The Commission recommends that a formal funding process be established to support management plans and long-term property maintenance to include community and government participation. ➢ The commissioners will continue to seek education and training in all aspects of land acquisition to better accomplish the Commissions goals. ➢ The Commission encourages the public to re-nominate properties that do not have a current County resolution or have not been purchased. Next Steps ➢ Continue to schedule six Commission meetings alternating between Kona and Hilo in 2012. ➢ Consider scheduling 2012 regional public meetings. ➢ Publicize meeting schedule and encourage the public to submit or re-submit suggestion forms. ➢ Continue to encourage potential partnerships with other governmental agencies, non-profit organizations, and private entities for land/entitlement acquisitions. ➢ Identify partnerships with non-profit organizations, community groups, and volunteer organizations to provide management for acquired properties. ➢ Expand commissioners understanding of easements. ➢ Submit Annual Report and Prioritized List to the Mayor by December 31, 2012. Page 3 Appendices 1. Chapter 2, Article 42, Hawai`i County Code 1983 (2005 Edition) 2. 2011 Prioritized Properties 3. Summary of 2011 Acquisitions 4. Status of Properties on Past Prioritized Lists from 2006-2010 5. Acquisition Status Report 6. Comprehensive List of Properties Submitted by the Public 7. Rules of Practice and Procedure of the Hawai`i County Public Access, Open Space and Natural Resources Preservation Commission(revised 3/29/2010) 8. Suggestion Form (revised 1/11/2010) 9. 2011 List of Suggestion Forms Submitted by the Public 10. Assessment Criteria Form (revised 4/18/2011) Page 4 APPENDL\ 1 § 2-210 HAWAI`I COUNTY CODE Section 2-210. Expenditures from the disaster and emergency fund. The moneys in the disaster and emergency fund shall be only utilized for the following purposes: (1) To repair county facilities and infrastructure damaged by a natural or man-caused disaster or emergency. (2) To clean up property, including roads and sewage systems, damaged by a natural or man-caused disaster or other emergencies when such action serves a public purpose. (3) To provide immediate response for services to deal with public health and safety risks due to a natural or man-caused disaster or emergency in the form of personnel, equipment, materials, supplies, and service contracts. (4) To match federal, state, and/or private grants-in-aid to develop or restore public property to a safe and useable condition. (5) To pay for operational expenses of the County after a disaster or emergency when the County is unable to realize revenue at sufficient levels due to the disaster or emergency. (6) To pay for administrative expenses,which shall not exceed five percent of this fund. (2004, Ord.No.04-4, sec. 2; Am. 2006,Ord.No. 06-98, sec. 2.) Section 2-211. Dissolution of the fund. The disaster and emergency fund shall not be dissolved unless such dissolution is approved by a two-thirds vote of the County council. (2004, Ord.No. 04-4, sec. 2.) Section 2-212. Reimbursement from grants. If the County should receive reimbursement for money advanced by the disaster and emergency fund,the grant money shall return to the disaster and emergency fund. (2004, Ord.No. 04-4, sec. 2.) Section 2-213. Administration of the fund. The director of finance shall administer the disaster and emergency fund, which shall include investment of the fund. (2004, Ord.No. 04-4, sec. 2.) Article 42. Public Access, Open Space,and Natural Resources Preservation Fund Section 2-214. Public access,open space,and natural resources preservation fund. (a) A public access, open space, and natural resources preservation fund is hereby established. This special fund shall be administered and managed by the finance department. Monies deposited shall be invested in a conservative interest-bearing account that will allow monies to be available for property acquisition and prevent any erosion of the fund's principal amount. (b) The fund shall consist of monies from: (1) The proceeds from the sale of any general obligation bonds, authorized and issued for the purposes of this article; (2) Council appropriations for the purposes of this article; (3) Any source of revenue dedicated by the Hawaii County Charter or the Hawaii County Code for the purposes of this article; (4) Grants and private contributions intended for the purposes of this article; SUPP. 4 (7-2007) 2-64 ADMINISTRATION §2-214 (5) Two percent of Hawai`i County real property tax revenues collected annually (including penalties and interest). Deposits will be made to the Fund on June 30, 2007 and then again on December 31, 2007, and on December 31 and June 30, in successive years, with deposits being calculated on all real property tax payments (including penalties and interest) received in the prior six months. Additional deposits and adjustments may be made at the discretion of the Finance Director; (6) Monies from items numbered(1),(2), (3),and(4)above, shall be deposited as received; and (7) Notwithstanding (b)(5) of this section, for the period from July 1, 2009 to June 30, 2011, no payments relating to this section shall be allocated or deposited, provided, however, that all payments accrued through June 30,2009 shall be allocated and deposited by July 31,2009. (c) The fund shall be used for acquiring lands or property entitlements in the County of Hawai`i 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. (2005,Ord.No. 05-85, sec. 2;Am. 2005, Ord.No. 05-166, sec. 1; Am. 2006, Ord.No. 06-151, sec. 1;Am. 2006,Ord.No.06-169, sec. 1;Am. 2007,Ord.No. 07-21, sec. 1;Am. 2009, Ord.No. 09-66, sec. 2.) Section 2-215. Public access,open space,and natural resources preservation commission. (a) There is established a public access, open space, and natural resources preservation commission. There shall be nine members on this commission, appointed by the mayor and confirmed by the council. The members may be removed upon recommendation by the mayor and the approval of the council. One member shall reside in each County council district. The members shall serve staggered terms of five years. Upon initial appointment of the commission, one member shall be appointed to a term of one year, two for a term of two years, two for a term of three years,two for a term of four years, and two for a term of five years. Staff support shall be provided by the finance department. (b) No member shall be eligible for a second appointment to the commission prior to the expiration of two years, provided that members initially appointed for a term of one year and two years shall be eligible to succeed themselves for an additional term. (c) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed,the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (d) Any vacancy occurring in the commission shall be filled for the unexpired term. (e) Not more than a bare majority of the members shall belong to the same political party. (f) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance pursuant to article 16. (g) A chairperson shall be elected from its membership annually. (h) The affirmative vote of a majority of those members present shall be necessary to make any action valid. (i) The commission shall have the power to establish its rules of procedure necessary for the conduct of its business,which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the commission is entitled. (j) No person shall, by reason of occupation alone,be barred from serving as a member of this commission. 2-65 SUPP. 8 (7-2009) § 2-215 HAWAI`I COUNTY CODE (k) The council shall act to confirm or reject any appointment made to the commission by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. (I) The redrawing of the council district boundaries during a member's term shall not affect a member's eligibility to represent the district to which the member was appointed. (2005,Ord.No. 05-166, sec. 2.) Section 2-216. Oath of affirmation. Before beginning their duties, each member appointed shall subscribe to the oath or affirmation before some person duly qualified to administer oaths: "I, do solemnly swear(or affirm)that I will support and defend the Constitution of the United States and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as a member of the public access, open space, and natural resources preservation commission to the best of my ability." (2005,Ord.No. 05-166,sec. 3.) 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. (c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land shall be permitted uses of this fund. (d) 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 that the County is a good steward of any land that comes under its control through this article. (2005, Ord.No. 05-166,sec. 5; Am. 2007, Ord.No. 07-21, sec.2.) SUPP. 4 (7-2007) 2-66 diiiiiims Z @ IIZ @ It e aP s J N U N lio Illk b°ti C a _ N u 0 0,; i O Q d w -- 1 d Ts RI* C aai co °b 17 -11 3 @ a)Z O ap��,° s C o t' �0 j @ i'D v ,/ \ d c0 O t 0 ��, V = r a o0 • w � C o @ @ 7 O L !1 a S O \ o a r� o t 444440k41,14,, as CU Kt W U 1 in 7L-"*""--'- CC M O CO CO d-1. n Q o o < Z Y r O = ,y z T iip o _ o tNi (� N r _ Oa W re Z `S (.) 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V ° m $1 ' :. -- , '''''- i".'''''-‘ ' . \ { 4---- . ., - . `‘,\ / ...--- i X ! 4 0., # „9-Iftrb,. 7 '. ' ,/ 9 . 4 ,,,, ..„,„/ ---, M , , 4014 r _ -------- . / -... . ~ 7 el Ch co CliSc ' M 2 . , . _ . . , ya --- : , O\ . \ ,/, . . /, ...,,,,„ i. :„.,4„.., , . . • . c„,s........„, , . . . • .:...,. • . . •. . „. ' .,--:.,, - -.,,•:. ..:-.:-. ., 'L !:::: '' 1; : °:i , �'.. _ _..�� It APPENDIX 3 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) SUMMARY OF 2011 ACQUISITIONS Kawa, Ka`u District On November 8th 2011, the County of Hawai`i completed its fifth purchase utilizing funds from the Public Access, Open Space and Natural Resources Preservation Fund. The purchase price was -; $3,900,000.00 and consisted of three parcels (Tax • =' Map Keys: (3) 9-5-16:06 & 25 and 9-5-17:05) totaling 550.871 acres. These properties are used by the public for picnicking, swimming, subsistence fishing and ii shoreline gathering. It contains a 2-acre intertidal brackish water pond, Ka`ili`ili Beach, a well documented nesting area for the endangered Hawaiian Hawksbill Turtle, off-shore iibs foraging areas for the threatened Green Sea Turtle and habitat for migratory and endemic shorebirds. There are also numerous historic and cultural sites including the Keeku Heiau I (luakini) and portions of the Ala Kahakai National Historic Trail. The purchase was partially funded by a K ..._ U $1,500,000.00 grant from the State, Department of Land and Natural Resources, Legacy Land Conservation Program in addition to a $507,000.00 •r grant from the Federal, U.S. Fish and Wildlife, i - .: Recovery Land Acquisition Program. - "�-+_�"i .� • ` 4, r _ hi With this acquisition, the County now owns 785.164 ` ; F'. - acres of coastal land in this area and has acquired a Itotal of$3,221,750.00 in grant monies by leveraging funds with State and Federal sources. The County would also like to acknowledge the Trust for Public Lands for their continued U assistance and support for this and numerous projects state-wide. We will now be working with members of the public, community groups and various government agencies to address the long term stewardship and management making sure that these lands are preserved for Igenerations to come. , ow 1 IN Z • • y !.I' a F W a A,.. t, y 1" r y o w m C ao m ;O C o c o m° .,.2 O.d m p °a o W #2 y �!ci o a- j a - t — Q i c o y rn w .. � .. ,r Togo �44� $ ' d ‘08°-p ..?-41 ,1?' ,. `?,'".9. _ �+ O,O ono ze Oa 1.1'; * z° P i 41,„ „) r $ - ..g r'+.�' * } rn 1. * •°bM yy4 • M s . , --------,,, _ - - '4.11' -;"4.4.: ,.-,t.4-4-41. t\ ..,ek",. ,i'''- ••ti O .q+ f di> fi + ` f O . ,r.r e .n \'''''''. r a �s�' i1 r��v. ,�° r r t 3 � r z. 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O 44:4 oo � oo Z [= o z WY OW "4 o 01 CA i c i V O H o 00 N > ' 'W�, o W�T ,. w - - I — a r G o .n a V E-� , � � ,a —.1- M a, rn CF' rn > a\ o 00 d000 `° o 0 0 0 N N N N ih 1i 4 2 ,,,,_ . 1 5-, 5-4t 41 -' AO * APPENDI.X 5 County of Hawaii Public Access, Open Space & Natural Resources Preservation Commission Acquisition Status Report (as of 12/15/11) 2% FUND AMOUNT (actual - including GRANTS AWARDED FUNDED closing costs) TOTAL State of Hawai`i, Dept. of Land & Natural $ 1,214,750.00 $ 708,557.29 $ 1,923,307.29 Resources, Legacy Land Conservation Program Kawa`a, Ka`u TMK:9-5-17:07 ::•:7777:•:�:�iii:??•?•i:?•iii:�:•iri•ii:::?::.�:.V.�::::.V;?.-:::i�}iiiiii:�ii:�i:V:v:t•::•:?J::?�i:�ii-:�....:::::::::::.�::::::, .......r:.�:.::::.�::-. ................ ..... n:x:-r:::.Vx:::nv;;............................... V.,...1..............:ln.............Gt•�.•:•}:4ii:t.';:}:;:;::,:�:'i:;::;•:;�i ii:�iii:•iii• - - ::.:......... ...r::..;.....::x:• ::•. x:;:V::::::•;:.�.,.v:::•::;•:.n.:::m::::::X:::::J..�.....y; ............. :.V.x:;.-•:�::::...x.....;...n.....n..r ...::.V•.::,:??^:�i:x...:..::.�:...... .?:ii ....�..:.:::�'.;S:.V.�:.:...,V...........:.r:::.:::::::::ii:}i}is y-..:;::"•�:vti�ii?�i�'�•:tiiir�ii:tGii:itviii:S:i:ti:i{>:iii::'iii:iir:'isti:ri:ti?ii?'i":':iiii:::}�;:1.::::i:{i:i:'iiii:4.'!'}iii}:;i State of Hawaii, Dept. of Land & Natural $ 945,000.00 $ 944,172.44 $ 1,889,172.44 Resources, Legacy Land Conservation Program Pa`o`o, North Kohala TMK:5-7-01:05 State of Hawaii, Dept. of Land & Natural $ 1,500,000.00 $ 1,929,024.47 $ 3,936,024.47 Resources, Legacy Land Conservation Program Federal, U.S. Fish & Wildlife, Recovery Lands $ 507,000.00 r= Acquisition Grant Kawa, Ka`u, TMK's:9-5-16:06 & 25; 9-5-17:05 1. ........,.....-.. .,Rs........r..:..�•:...............r:::::.;.:: .t:na•:£:rc?:.;to::??a,??•;•i::r?<??�.oixr:.:,:?;?tt:.,::::::::::..r:.:�::::.::.::::.�::r.:::::.-.,---_.......-...-.....--_. ...,.::,...:. Y'r. .:;,. ...:.:.::. .... :. ::.:. ... ...........:•.�:..r:is ii:x .:::..�.....:::..�:::::.�.::.._:.�:::.�.:...............:...........r: •i'•/:+? ....... ...............-,.e-:�..»...-..<:.....::...<.Ltn....:1.:,9/...r.,,.......:::•.,•ri:.i:.;�-.;i.;•::•:.�.....t.h.................. a....................... ........::........ :;•::........::..:.i:•.':::: TOTAL GRANTS (AWARDED) = $ 4,166,750.00 $ 3,581,754.20 $ 7,748,504.20 2%FUND AMOUNT TO BE (estimated-not GRANTS PENDING FUNDED including closing costs) TOTAL in State of Hawai`i, Dept. of Land & Natural $ 1,650,000.00 $ 2,945,000.00 $ 4,595,000.00 IIResources, Legacy Land Conservation Program Kaiholena, North Kohala ' TMK's:5-8-01:21, 22 & 25 I <:::.<�;�„7':ii?i>!f,,.i r :r.t•, °f:� TOTAL GRANTS (PENDING) = $ 1,650,000.00 ITOTAL GRANTS = $ 5,816,750.00 County of Hawaii Public Access, Open Space & Natural Resources Preservation Commission Acquisition Status Report (as of 12/15/11) 2% FUND (actual - including ACQUISITIONS ISITI ONS Q (NO FUNDING)G) closing costs) TOTAL �;:•::.::.'.:�-:?:.;.:..�:.�.f<}c•}>Y:i:{•:{::i;},??{�:•`:>i:+:i}?:?:?•+i:ii:i??:•:::?:{:i::i??•i};r•i:?•i:?{•:::::::...... r.�:::.-:..•:::.......:::::::-:::::::::::........................ ;f.;.v::::is?::?.�:•:?-ii}::ti:?v,•r:• ..: ....... .�:::r:::.�::.�:::..........::::•::•:.:::•:.�::...... ..:.::.:..:..:::....:..: x;•::::v'y................:..........ui vii%ti:::., ::}:?::i:ti::ii:i"titiviiiii:.—. .....r.:�::..:....r..:�::..:::5...... :..v:i...{:?:..{:iy:.�:•.�::::w:...:i ...............:.......:.........n::vn.::.:::.::r:?titi4:vi�tiuv?::.x::::f:{:::ylhi::.......y:v:.n•.v.; }..:.�:.�:ri'.;:.iiii:v:.�::.v:w::.�:^�•i$5;?::.'f.•.�w:::T?::.::::A:::i'.}?ii':Jji:.. ....... .... ./.?.ii_•r:;iii?i..v........r.:....::::r•::?::?:v:n:n:.a:::v:{.�.is•if??,�?ti:;'fry:tiy:{i'1,.:{:i::r:i%::iii:::: Waipi`o Valley Lookout Parcel $ - $ 902,145.43 $ 902,145.43 Hamakua, Hawaii; TMK:4-8-04:06 Kaiholena (north), North Kohala, Hawaii 6,.> 55.''""'""- $ - $ 6,550,045.82 $ 6,550,045.82 TMK's:5-8-01:11, 19, 20, 24 ............ TOTAL ACQUISITIONS (NO FUNDING) = $ 7,452,191.25 TOTAL ACQUISITION COSTS = I $ 15,200,695.45 I District District/Property/Tax Map Key Zoning Acreage Totals HAmakua 1.804 Waipi`o = 4-8-04:06 Agricultural 1.804 North Kohala 162.225 Pa`o`o = 5-7-01:05 Agricultural 10.61 Kaiholena (north parcels) = 5-8-01:11 Agricultural 71.188 5-8-01:19 44.030 5-8-01:20 36.340 5-8-01:24 0.057 Ka`u 785.164 Kawa = 9-5-16:06 Conservation 81.303 9-5-16:25 106.380 9-5-17:05 363.188 9-5-17:07 234.293 TOTAL ACREAGE ACQUIRED (TO DATE) I 949.1931 APPENDIX 6 COUNTY OF HAWAI`I PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) COMPREHENSIVE LIST OF PROPERTIES SUBMITTED BY THE PUBLIC (DECEMBER 27, 2011) PUNA (Zone 1) Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x x 1-3-01:54, 74, 83, 84 Pahoa Steam Vents x 1-3-08 Pohoiki Road x 1-3-08:34 Pohoiki Bay, Puna, Hawai`i x 1-3-45 & adjacent parcels Pualena Crater x 1-4-02:51 &por. 88; Kapoho-Vacationland tide pools 1-4-68:01, 04-20 x x x 1-4-02:52 Cape Kumukahi Regional Park x x 1-4-03:03 & 37 Wai`ele x x 1-4-03:19 &20 Honolulu Landing x _ 1-4-91 Green Lake, Green Mountain x 1-6-90:79; 1-6-91:54 Burial Cave (Puna) SOUTH HILO (Zone 2) Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x Various Hawai`i Consolidated Railway (Panaewa to Kapoho) x Zone 2 and 1 Hawaiian Consolidated(Railroad Avenue to Kapoho) • x (About 250 yards up- Mill Road Water Falls (Papa`ikou) stream from Mill Beach) x 2-1 Old Railroad Way(Honomu— Pepe`ekeo) x x 2-1-16:02, 06 Mulier lands adjoining Kealoha Park N/A N/A N/A N/A N/A N/A 2-6-12:23 & 33; 2-6-14:01; Honoli`i 2-6-26:03 & 04 (Although included on the Comprehensive List and considered, this property did not originate from a Prioritized List from this Commission. It was included due to the County Council's passing of Bill No. 06-150 approving its acquisition and Resolution No. 544-06 prioritizing it's acquisition together with other authorized purchases utilizing the Public Access, Open Space and Natural Resources Preservation Fund) x 2-6-18:01 Pu`u O`o Ranch(Pi`ihonua) x x 2-7-04:118 Papa`ikou Mill Beach x 2-7-09 Onomea Bay(surrounding lands) x 2-8-04:05 Hamakua Springs Agricultural Conservation Easement x 2-9-02:80; 3-1-01:01, 02, Hakalau Mill Site 03; 3-2-02 1 NORTH HILO (Zone 3) Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x 3-4-02:01 &03 Maulua Gulch x 3-4-02:04; 3-7-01:11 Maulua Gulch x _ 3-6-05 Ka`awali`i Gulch x 3-6-05:15 Ka`awali`i Gulch shoreline x 3-7-01:03 Waipunalei x 3-7-01:11 Maulua Nui HAMAKUA (Zone 4) Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x Hamakua Ditch x Kukuihaele Heliport x Lower Cane Haul Road(Waipi`o, Honoka`a, Homula) x Public access to Haina Landing and Pa`auhau Landing x 4-1-06:07 Keanakolu Koa Forests x x 4-2-03:03 Koholalele Landing(Pa'auilo) x 4-3-10:02 & 08; 4-4-14:02 Botelho Ranch, SC Ranch, KK & 03 Ranch(Pu`u Mali Palila Mitigation Area) x x 4-4-02:04 Waika'alulu Gulch aka Fishtail x 4-4-05:06 Pa'auhau Landing x x 4-4-05:11 Kahawaili`ili`i Gulch x 4-4-15:02 Ka`ohe Palila Mitigation Area x 4-5-02 Haina Landing aka Honoka`a Landing and nearby areas x x 4-6-02:02 Kawela (Kamakamaka Point) x x 4-6-03:21 Malanahae aka Malanahae Landing x x 4-7-03:01 Kapulena Landing aka Opala House x x 4-7-03:01 Springwater next to Kawaikalia gulch x x 4-8-01:01, 04 Kukuihaele (Old Landing aka Station&nearby areas) x 4-8-04:06 Waipi`o Lookout Point x x 4-8-07:15 Kukuihaele (Old Quarry and Breakwater) NORTH KOHALA (Zone 5) Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x Camp 5 between Kohala High& Hawi Makai to the ocean x Ha`ena Point, North Kohala 2 Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key (s) Property(s) x Halawa(Coastal Makai) x Hapu Point,North Kohala x Various Hawai`i Railway Company (Mahukona to Upolu Point) x Zone 5 Hawaiian Railroad Co. (Mahukona, Upolu Point, Kauhola, Niuli`i) x Kapanai`a Bay x Kohala Lighthouse, Ka`ahola Point x Various North Kohala Coast Historic and Cultural Corridor x Pololu& Pololu flats surrounding access trail into the valley x Pololu Valley Lookout x Property makai of Kohala Intermediate School x Queen's Bath—Mauka of Halawa camp x 5-1-04:29 Pololu Trail x 5-2 (Niuli`i) to 5-5 North Kohala, windward shoreline (Puakea) (from Puakea Ranch to Keokea Park) x 5-2-01:14 & 16 Kupalaha Heiau (adjacent to Keokea Beach Park) x 5-2-01:20 & 25 Niuli`i x 5-2-02:08 & 5-2-05:18 Kamehameha Pond (North Kohala) x x 5-2-07:04; 5-3-07:22, Hapu`u to Kapanai`a Cultural 23, 26, 28, 32, 33 Corridor x 5-3-07:Por. 01, 21, 24, Public access road to Kapanai`a 25, 27, 28 Bay x 5-3-07:22 Hale o Ka`ili Heiau x 5-3-07:26 & 28 Kapalama Heiau x 5-5-05:04, 05, 17; 5-6- Access to Mo`okini Heiau and 01:27, 56 Kamehameha birth site x 5-5-07:37 Ho`ea Flat, North Kohala x 5-6-01:74 Old Coast Guard Road to Hono`ipu Landing x 5-6-01:75 Kukuipahu Heiau x x x x x 5-6-01:13, 16, 18, 42, Kukuipahu-Ha`ena Corridor 49, 50, 89-110, 113, 118, 182, 185, 189-199 x x x 5-7-01:05 Pa`o`o x x 5-7-01:11 Lapakahi State Historical Park Area (Reish property) x 5-7-01:20 Lapakahi State Historical Park Area (Gordy property) x X x x x 5-7-02:11; 5-7-03:01, Mahukona Historical Area 02, 03, 07, 08, 10, 18 (Kamano, Kou, Hihiu, Kamoa) 3 '! Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x x x x 5-8-01:09 Keawenui Access Easement x x x x x 5-8-01:11; 5-8-01:19-23 Kaiholena x 5-8-02:01 Kehena Ditch Road SOUTH KOHALA (Zone 6) Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x Haleino Heiau, South Kohala x N/A Sandalwood Conservation Buffer Zone x Waimea Trail System Inter-connections (South Kohala) x 6-2-02:06 Mau`umae Beach(Queen Emma Estate coastal parcel) x 6-4-01:60 Homestead Road Trail (South Kohala) x 6-4-02:137 White Road Trail x 6-5 and 6-6 Waimea Trails & Greenways x 6-5-01:20 Hoku`ula Battleground x 6-5-01:20 Waimea Pu`u x 6-6-01 Puako-Waimea Trail x 6-6-01:02, 06 &48 Waimea Field System x 6-6-03:06 Waimea Streamside Park x x 6-6-05:27 Lalamilo Farm Lots Perimeter Buffer Zone x 6-7-01:Por. 03 Ke`amuku x 6-7-02 Waimea Town Center Equestrian Trail (South Kohala) x 6-8-01:01 South Kohala Regional Park x 6-8-01:01 Waimea District Park x 6-8-01:22 Puako Forest Project NORTH KONA (Zone 7) Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x Judd Trail (Ali`i Dr. to Mamalahoa Hwy.) x Kapalaoa coast at border of North Kona& South Kohala x Wai`aha/Honl's x Wungs Ranch x Various West Hawai`i Railway(Lanihau to Kalukalu) x Various Ali`i Drive x 7-1-02 Kiholo Bay 4 Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x 7-1-03:10 Waikoloa South x 7-2 Hualalai Summit x 7-2-03 & 7-2-04:04 & 14 Puhi a Pete x 7-2-04 Makalawena x 7-2-05 Mahai`ula to Hualalai x x x x x 7-3-09:04 &22 `O`oma II x 7-4-20 Kealakehe Regional Park x 7-5 Kona and Ka`u Railway/West Hawai`i Railroad(Hualalai Road- Kuakini Hwy. - Ono`uli) x x 7-5-20:22, 24, 28, 34 Puapua'a x 7-6-15:23 Banyan's Beach x 7-6-16:13 State of Hawai`i Road Remnant at Hale Halewai o Holualoa x x 7-6-16:32 Holualoa Beach x 7-7-04:12, 51, 52, 54 Kamoa Point x 7-7-08:20, 31, 100 Lucile P. Kingman Trust x 7-8-01:por. 03 Pu`u Lehua Ranch sandalwood forest x 7-8-13 Keeku Heiau SOUTH KONA (Zone 8) Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x Kauleoli x Keopuka x 8-2-15:01; 8-2-02:01 Takashiba Nut Farm in Cook's Landing, Captain Cook x 8-3; 8-4 Honaunau& South Kona Forest Reserve x 8-3-04 Add a bike/foot path on conservation land(Honalo to Kekaha) x 8-3-06 Ke`ei Beach x 8-7-12:01 & 03; 8-7-01:06 North American Properties (Ka'apana, Olelo Moana, Ka`ohe) x 8-8-01 South Kona Forest Reserve (Yee Hop) KA`U (Zone 9) Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x Below Hawaiian Ranchos Multiple beaches below Ocean Subdivision View, Hawai`i 96737 x _ Punalu`u to Manuka Bay x 9-1; 9-2; 9-3; 9-4; 9-5 Ka`u Coast (coastal lands) 5 Year Suggestion Form Submitted 2006 2007 2008 2009 2010 2011 Tax Map Key(s) Property(s) x 9-2-01:01 POhue Beach x 9-2-01:72 Paradise of South Kona, LLC x 9-2-01:75 Kahuku Coastal Property x x 9-2-01:75 Pohue Bay x 9-2-02 Road to the Sea, Ka`u x 9-3-01 Ka Lae (South Point) x 9-3-01 Naohuleahua"Two Bald Men Village" x 9-3-01 to 9-4-01 Ka Lae to Kawalu(Ka`u Coast) x 9-4-02:03 Ka`u Dry land Forest&ancient Hawaiian home sites x 9-5-05:08, 13, 14, 15, 18, Ka`u Forest Reserve 20; 9-6-03:06, 07, 08, 09 x 9-5-07 Waikapuna x 9-5-08:01 Na`alehu/Wai`ohinu(native forest above communities) x 9-5-14:29 & 60 Whittington Park @ Honu`apo x x 9-5-16:06 & 25; 9-5-17:05 Kawa/Kawa`a Bay & 07 x 9-5-18 Pu`u Makanau; Pu`u Pakua x 9-5-19 Ninole, Ka`u x x 9-5-19: coastal portions of Punalu`u Beach Park and adjacent various parcels; 9-6-01:03, lands (including Ninole Springs and 06, 11, 12 pond) x 9-8-02 Great Crack—Ka`u(southwest rift of Kilauea volcano) 6 ais rr ars ass TWO a■ ar ar ar IN m APPENDIX 7 RULES OF PRACTICE AND PROCEDURE OF THE HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION RULE 1. AUTHORITY These rules and regulations are promulgated by the Public Access, Open Space and Natural Resources Preservation Commission pursuant to Chapter 2, Article 42, Section 2-215, of the Hawai`i County Code, 1983 (2005 Edition). RULE 2. GOAL The goal of the Public Access, Open Space and Natural Resources Preservation Commission is to solicit suggestions from the community for lands considered to be worthy of preservation and to provide the Mayor of the County of Hawai`i with an island wide list of prioritized properties. RULE 3. DEFINITIONS Wherever used in these rules and regulations, the following terms shall be taken to have the following meaning: (a) "Agency" means the Department of Finance of the County of Hawai`i or its authorized representative. (b) "Charter" shall mean the County Charter of the County of Hawai`i, State of Hawai`i. (c) "Commission," "Chair," "Vice Chair" and the "Commissioner" mean the Public Access, Open Space and Natural Resources Preservation Commission of the County of Hawai`i, State of Hawai`i, its Chair, its Vice Chair and a member thereof, respectively. (d) "Council" shall mean the County Council of the County of Hawai`i, State of Hawai`i. (e) "Director"means the Director of Finance of the County of Hawai`i. (f) "HRS" means Hawai`i Revised Statutes. (g) "Mayor" shall mean the Mayor of the County of Hawai`i, State of Hawai`i. (h) "Meetings" means the convening of the Commission for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter over which the Commission has advisory power. - 1 - (Revised 3/29/10) (i) "Person" means when appropriate to the context, not only individuals, but corporations, firms, associations, societies, and federal, state and county departments or agencies. (j) "Presiding Officer" means and shall include any member of the Commission. Unless otherwise designated, the Chair shall be the presiding officer. (k) "Public Record" means the same as defined in Chapter 92, HRS, and shall include maps, rules and regulations, written statements of policy or interpretation formulated, adopted or used by the Commission in its functions, all decisions, orders, minutes of the Commission meetings and records of any docket on file with the Commission but shall not include records which invade the right of privacy of an individual. (1) "Rules" means the Rules of Practice and Procedure of the Public Access, Open Space and Natural Resources Preservation Commission. (m) "Secretary" shall mean the Secretary of the Public Access, Open Space and Natural Resources Preservation Commission. RULE 4. DUTIES AND RESPONSIBILITIES The Public Access, Open Space and Natural Resources Preservation Commission shall: (a) Develop an initial island-wide prioritized list of qualifying lands worthy of preservation and submit it to the Mayor. 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; (b) Update this list at any time, but at least annually by December 31 of each year; (c) Explore methods of funding land acquisition and make recommendations to the Mayor; and (d) Give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private funds. RULE 5. PURPOSE The intent and purpose of the Rules of Practice and Procedure of the Hawai`i County Public Access, Open Space, and Natural Resources Preservation Commission is to provide a systematic and democratic method of conducting meetings in order to insure that all persons will have an opportunity to participate in an open, productive, and orderly manner. RULE 6. ORGANIZATION AND PARLIAMENTARY RULES - 2 - (Revised 3/29/10) 6-1. ORGANIZATION The Public Access, Open Space and Natural Resources Preservation Commission shall consist of nine members. One member shall reside in each County council district. The members shall be appointed by the Mayor and confirmed by the Council. The members may be removed upon recommendation by the Mayor and the approval of the Council. The members shall serve staggered terms of five years. Staff support shall be provided by the finance department. 6-2. ELECTION OF CHAIR AND VICE CHAIR At the last regular scheduled meeting of each year,the Commission shall elect a Chair and Vice Chair from among its members. They shall serve for a term of one year or until their successors are duly elected. No member shall succeed himself or herself as Chair. In the event the Commission is not able to elect a regular Chair or Vice Chair from among its members at its last regular scheduled meeting, the incumbent Chair may serve on a hold-over basis for a term not to exceed ninety(90) days. In the absence of both Chair and Vice Chair, the remaining members shall elect an Acting Chair. 6-3 QUORUM AND NUMBER OF VOTES NECESSARY FOR A DECISION A majority(five) of all the Commissioners to which the Commission is entitled shall constitute a quorum to transact business. The affirmative vote of a majority of those Commissioners present shall be necessary to make any action valid. 6-4 MEETINGS The Commission may meet and perform its duties in any part of the County of Hawai`i. Except as provided by law, all of its meetings are open to the public. The parliamentary procedure to be utilized by the Commission in the conduct of its meetings shall be based on Robert's Rules of Order. (a) Regular Meetings - Regular meetings of the Commission for the transaction of its business shall be held at 10:00 a.m. on the second Monday of each month, or as scheduled and duly noticed by the Commission. (b) Special Meetings—A special meeting may be called by the Chair when the date, time and place of such special meeting is announced prior to adjournment of a regular meeting otherwise a special meeting can be called only upon the publication of a notice of such meeting in at least two daily newspapers of general circulation in this county at least twenty-four(24) hours in advance of such meeting. If the requirement with respect to publication of notice cannot be met because of insufficient time, the meeting notice shall be made by broadcasting a minimum of three announcements in the English language over FCC licensed public radio stations in this county or television stations with local audience. Such announcements shall be broadcast at least twenty-four (24)hours in advance of such meeting. To assure the widest possible coverage, the meeting notice shall be released to radio stations in this county and the announcement shall be programmed to be heard between the hours of 7:00 A.M. to 5:00 P.M. In addition to the above requirements, notice of - 3 - (Revised 3/29/10) such special meeting shall be conspicuously posted on the bulletin board of the Hawai`i County Building. A brief resume of the principal business to be taken up at such meeting shall be stated in the posted notice as well as in the notice released to the news media. (c) Videoconference—Pursuant to HRS § 92-3.5,the Commission may hold meetings by videoconference;provided that the videoconference system used by the Commission shall allow both audio and visual interaction between all members of the Commission participating in the meeting and the public attending the meeting, at any videoconference location. (1) The notice required by HRS § 92-7 shall specify all locations at which Commissioners will be physically present during a videoconference meeting. The notice shall also specify that the public may attend the meeting at any of the specified locations. (2) Any Commissioner participating in a meeting by videoconference shall be considered present at the meeting for the purpose of determining compliance with the quorum and voting requirements of the Commission. (3) A meeting held by videoconference shall be terminated if both audio and video communication cannot be maintained with all locations where the meeting is being held, even if a quorum of the Commission is physically present in one location. (d) Notice—The Commission shall be given written public notice of any regular, special, or rescheduled meeting, or any executive meeting when anticipated in advance in compliance with HRS § 92-7. The notice shall include an agenda, which lists all of the items to be considered at the forthcoming meeting, the date,time, and place of the meeting, and in the case of an executive meeting, the purpose shall be stated. The notice and agenda must be filed in the county clerk's office at least six (6) calendar days prior to the meeting. (e) Adjournment—Meetings may be adjourned at any time by vote, and unless otherwise specified in the motion, every adjournment shall be deemed to be until the next meeting of the Commission. (f) Continuation of decision making—Any matter which fails to be validated by a majority concurrence of the Commissioners present may be continued to any subsequent regular meeting. (g) Effective date of Commission decision—Unless a specific effective date is set forth, the effective date of a decision rendered by the Commission shall be the date of the meeting at which such valid decision was made. (h) Site visits policy— Site visits shall be conducted according to the provisions of HRS § 92-3.1. - 4- (Revised 3/29/10) (1) Site visits conducted by the full Commission shall be properly noticed and conducted according to PONC meeting practices including ADA accessibility. All discussion shall be "on the record" and no decision making shall occur while on the visit. (2) Site visits may be conducted by up to two commissioners on an informal basis with no report to the Commission required. Any report which may be given must be put on the agenda of the meeting at which the report will be given. (3) Site visits may be conducted by up to four commissioners as assigned by the Commission at a regular PONC meeting. There shall be a prescribed scope of work and a report shall be made to the Commission. The report must be put on the agenda of the meeting at which the report will be given. Discussion of the report must be put on the agenda of the meeting at which the discussion will occur. (4) Site visits shall be respectful of private property, and lacking owner permission to enter the subject property, shall be conducted from nearby or adjacent properties as appropriate. (Commissioners shall work with the Department of Finance to receive permission onto private property from the landowner or their representative only and not rely upon public encouragement to enter onto private property). 6-5 MINUTES (a) Minutes—In accordance with HRS § 92-9,the Commission shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the participants. (1) The date,time, and place of the meeting; (2) The Commissioners recorded as either present or absent; (3) The substance of all matters proposed, discussed, or decided; and a record, by individual Commissioner, of any votes taken; and (4) Any other information that any Commissioner requests be included or reflected in the minutes. The minutes shall be public record and shall be available within thirty days after the meeting except where such disclosure would be inconsistent with HRS § 92-5 or Section 13-20 of the Charter; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer. - 5 - (Revised 3/29/10) (b) The Public may obtain information from the Secretary regarding the minutes. 6-6 OFFICERS AND THEIR DUTIES (b) Presiding Officer—The Chair shall be the presiding officer of the Commission and the Vice Chair shall be the presiding officer in the absence of the Chair. The presiding officer shall: (1) Open all meetings of the Commission by taking the chair and calling the meeting to order; (2) Call for the approval of the minutes of any preceding meetings when a quorum is present; (3) Maintain order and proper decorum based on Robert's Rules of Order; (4) Announce the business before the Commission in the order prescribed by these rules; (5) Review all matters properly brought before the Commission, call for votes upon the same and announce the results; (6) Appoint all committees unless otherwise ordered by the Commission; (7) Authenticate by signature all acts of the Commission as may be required by law, unless delegated to the Director; (8) Do and perform such other duties as may be required by law, or such as may be properly appertain to such office; (9) Make known all rules of order when so requested, and to decide all questions of order, subject to an appeal to the Commission; (10) Take into consideration such matters as shall not be within the scope of the duties or powers of any subcommittee of the Commission; or as may be referred by the Commission, and to report thereon, together with such recommendations relative thereto as deemed advisable; and (11) Represent the Commission in all functions, as directed by the Commission or designate a representative from the membership of the Commission. - 6 - (Revised 3/29/10) 6-7 STANDARDS OF CONDUCT (a) Disclosure of Interest—Whenever a possible direct personal financial interest on any matter pending before the Commission or any of its committees becomes apparent,the affected member shall promptly make a disclosure to the Commission. When a member has made a disclosure of interest and is deemed by the Commission to have a conflict of interest, such conflict shall apply to all subsequent actions relating to said matter. A member with conflict of interest shall refrain from voting except where the member's vote is required to constitute a quorum to act in which event shall be permitted to vote. 6-8 WHEN RULES ARE SILENT For good cause,the Commission may vote to suspend the rules. 6-9 SEVERABILITY If any provision of these Rules or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of these Rules which can be given effect without the invalid provision or application, and to this end the provisions of these Rules are severable. RULE 7. PUBLIC RECORDS, INSPECTION AND AVAILABILITY 7-1 INSPECTION OF PUBLIC RECORDS All public records shall be available for inspection and copying by any person during established office hours and within reasonable timelines unless public inspection of such records is in violation of any other state or federal law. 7-2 WHERE AVAILABLE (a) The public may obtain information on matters within the jurisdiction of the Commission at the Department of Finance, County of Hawai`i, by inquiring at the principle place of business. All rules, orders or opinions of the agency are on file and available for public inspection at the office during business hours at 25 Aupuni Street, Suite 1101, Hilo, Hawai`i 96720-4252. (b) Inquiry may be made in person at the Agency during business hours or by submitting a request for information in writing to the Public Access, Open Space and Natural Resources Preservation Commission, c/o Department of Finance, 25 Aupuni Street, Suite 1101, Hilo, Hawai`i 96720-4252. - 7 - (Revised 3/29/10) 7-3 COPIES OF PUBLIC RECORDS Copies of public records printed or reproduced for persons other than governmental agencies shall be given to any person provided the applicable fees or costs for publication, research, and postage are paid. 7-4 DENIAL OF INSPECTION Any person aggrieved by the denial by the officer having custody of any public record of the right to inspect the record or to obtain copies of extracts thereof may seek enforcement action pursuant to HRS Chapter 92. - 8 - (Revised 3/29/10) APPENDIX 8 COUNTY OF HAWAII PUBLIC ACCESS,OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION 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 Hawai`i County Code. Please use the form below to tell the Commission about a place or access you would like to see protected. Forms completed thoroughly will enhance assessment. Please use one form per suggestion. Name of site or project: Location or Address: Tax Map Key(TMK) number(s): Acreage: a> Provide(as Attachment A)a TMK map with the property boundaries and/or proposed access outlined or highlighted. [Puna fS. Hilo ❑N. Hilo fHamakua ❑N. Kohala ❑S. Kohala ❑N. Kona ❑S. Kona fIKa`u Landowner(s): Purpose of suggested site(for public acquisition)or project(please check those that apply) ❑ Public outdoor recreation and education, ❑ Preservation of forests, including access to beaches and beaches, coastal areas, natural mountains beauty, and agricultural lands ❑ 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 E> 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? R➢ Provide(as Attachment C), if available, additional community endorsements for this proposed acquisition or project through letters of support or other means. El> (Attachment D)—Identify community organizations or individuals who are willing to be part of the long- term management/maintenance of this property. In addition, please identify community organizations or individuals that could be contacted for further information about this proposed acquisition or project. CI➢ Provide(as Attachment E)other documentation relating to the suggested site or project that would assist the Commission in their assessments. Do not send original documents or pictures as they will not be returned. (Revised 1/11/10) Page 1 of 2 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 Has partnering with other government agencies,private,or nonprofit entities to leverage resources been identified? ❑No ❑Unknown ['Yes 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? Olo ❑Unknown ❑Yes If yes,please describe. Contact Name: Mailing Address: Phone/Fax: E-mail: Please send completed forms to: Public Access, Open Space&Natural Resources Preservation Commission do 25 Aupuni Street, Suite 1101 Hilo, Hawai`i 96720-4252 E-mail: akelepolo @co.hawaii.hi.us For further information contact: Alexandra Kelepolo at(808)961-8069 E-mail: akelepolo @co.hawaii.hi.us For online information go to: http://www.hawaii-county.com/finance/ponc.htm SUGGESTIONS FOR THE CURRENT YEAR ARE DUE ON OR BY THE LAST BUSINESS DAY OF MAY FOR OFFICE USE ONLY: Attachments: ❑ A ❑ B ❑ C ❑ D ❑ E ❑ Other (Revised 1/11/10) Page 2 of 2 APPENDIX 9 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) 2011 LIST OF SUGGESTION FORMS SUBMITTED BY THE PUBLIC PONC Communication Date Tax Map Key(s) Property(s) No. Received (NORTH HILO) 3-4-02:04 & 3-7-01:11 Maulua Gulch 11-004 5/09/11 (NORTH KOHALA) Various Hapu`u to Kapanai`a Cultural 11-008 5/25/11 Corridor 5-2-01:20 & 25 Niuli`i 11-014 5/31/11 5-6-01:101-110, 113, Kukuipahu-Ha`ena Corridor 11-007 5/24/11 118, 182, 185, 189- 199 5-7-02:11; 5-7-03:01, Mahukona 11-005 5/18/11 02, 03, 07, 08, 10, 18 5-8-01:09 Keawenui Easement 11-006 5/24/11 5-8-01:21, 22, 23 Kaiholena 11-011 5/31/11 (NORTH KONA) 7-3-09:04 & 22 `O`oma II —North Kona 10-018 *5/30/10 " 66 66 44 10-019 *5/31/10 " CC 44 11-010 5/30/11 " 44 64 44 11-015 5/31/11 7-6-15:23 Banyan's Beach 11-009 5/27/11 7-6-16:13 State of Hawai`i Road Remnant 11-012 5/31/11 at Hale Halewai o Holualoa 7-6-16:32 TMK (3) 7-6-016:032 11-013 5/31/11 - *Received after deadline of 5/28/10; to be considered with 2011 Suggestion Forms COUNTY OF HAWAII PUBLIC ACCESS,OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION Assessment Criteria Form Name of Site or Project: Location or Address: Ahupua`a: District: ❑Puna ❑S. Hilo ❑N. Hilo ❑Hamakua (IN. Kohala ES. Kohala FN. Kona fS. Kona ❑Ka`u TMK: Acreage: Landowner(s): Anticipated Use: 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 ❑ 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 Significance Special Opportunity for Acquisition and Management SCORES Criteria 1 Criteria 2 Criteria 3 Final Score I I Assessed By: Date: (Revised 4/18/11) Page 1 of 3 CRITERIA SCORING: 0=Does not meet criteria 1 =Unknown (needs more assessment/research) 2= Somewhat(site only partially meets criteria) 3=Meets criteria 4=Exceeds criteria 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 > Provide a wide variety of recreational opportunities for the residents and visitors of the County. ➢ Maintain the natural beauty of recreation areas. ➢ Provide a diversity of environments for active and passive pursuits. Preservation of historic or culturally important land areas and sites ➢ Protect, restore, and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawai`i. > Appropriate access to significant historic sites, buildings, and objects of public interest should be made available. Protection of natural resources, including buffer zones ➢ Protect and conserve the natural resources from undue exploitation, encroachment and damage. ➢ Protect and promote the prudent use of Hawai`i's unique, fragile, and significant environmental and natural resources. > Protect rare or endangered species and habitats native to Hawai`i > 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. ➢ Maintain and, if feasible, improve the existing environmental quality of the island. Preservation of forests,beaches, coastal areas, natural beauty, and agricultural lands ➢ Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. ➢ Protect scenic vistas and view planes from becoming obstructed. ➢ Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. ➢ Identify, protect and maintain important agriculture lands on the island of Hawai`i. > Preserve the agricultural character of the island. Protection of watershed lands to preserve water quality and water supply ➢ Protect and effectively manage Hawai`i's open space,watersheds, shoreline, and natural areas. I Total (20) Criteria 1 I (Revised 4/18/11) Page 2 of 3 Criteria 2: Assesses the level of community support, including reported urgency and identified management/maintenance partners, based on the community input process. Level of community support based upon additional testimony, letters of support and/or suggestion forms received for site or project. Identified management/maintenance partners. Benefit to the general public. Reported urgency. Total (16) Criteria 2 I Criteria 3: 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. ➢ 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. Land or property entitlements are available for acquisition. I Total (12) Criteria 3 I (Revised 4/18/11) Page 3 of 3