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William P. Kenoi
Mayor
William T. Takaba
Managing Director
Walter K.M. Lau
Deputy Managing Director
HAWAII COUNTY PUBLIC ACCESS, OPEN
SPACE AND NATURAL RESOURCES PRESERVATION
COMMISSION
c/o 25 Aupuni Street, Suite 1101, Hilo, Hawaii 96720
Phone: 961 -8069; Fax: 961 -8248
December 28, 2009
Honorable William "Billy" Kenoi, Mayor
County of Hawaii
25 Aupum Street
Hilo, Hawaii 96720
Dear Mayor Kenoi:
The Public Access, Open Space and Natural Resources Commission (PONC) would like to
send greetings to Mayor Kenoi and the County Council and look forward to working towards
continuing land acquisition goals for the benefit of the citizens of Hawaii County. New land
acquisition possibilities are constantly coming to light as more community groups and interested
agencies have time to organize and submit well researched suggestions. With the on -going
negotiations for the additional parcels in Ka`u at Kawa, and in North Kohala at Pa`o`o and
Kaiholena, the acquisition process continues.
Pursuant to Section 2- 217(2) of the Hawaii County Code, we submit this year's Prioritized
List. Due to the economic down -turn of events that we have all had to accommodate for, this year's
Prioritized List will reflect this Commissions' attempt to assess all old and new suggestion forms
received with a "new eye." Because of the immense size of our Hawaii Island, it has taken time for
the various community groups from all parts of our island to recognize an area, organize and research
its possibilities, and submit a suggestion form. New land acquisition possibilities reveal themselves
constantly. In addition to the Prioritized List, this report includes Commission and community
concerns for your consideration. This Commission has recognized the various island community
concerns for the protection of the different types of public access areas through the large amount of
Suggestion Forms received focusing on this issue. This Commission strives to forward these
suggestions that are not acquirable through the Public Access, Open Space and Natural Resources
Preservation Fund ( "the Fund ") to the proper County Departments.
This year the Commission has focused on various issues. We worked to refine the Suggestion
Form for our information gathering and to keep in touch with the community groups involved. We
developed site inspection protocol to enhance our understanding of a requested area. Also, we
worked to further understand the public access laws and issues surrounding the various areas
requested. We look forward to working with the representatives from the various County, State,
Federal, and private organizations that are focused on our island.
Hawai `i County is an Equal Opportunity Provider and Employer
Commissioners: E. Kalani Flores; Kim Garcia; Bill Gilmartin; Steven Hirakami;
Larry Komata; Terri Markovich; Sarah Moon; Hannah Springer
Honorable Mayor William Kenoi
December 28, 2009
Page 2
We would like to thank Mr. Harry Yada, former Property Manager, for his help on our
Commission these past years. His knowledge and mana`o were invaluable. Welcome to Ken Van
Bergen, our new Property Manager. Also, I would like to thank Alexandra Kelepolo and her intrepid
secretarial staff for their professionalism and Aloha helping our Commission throughout the year.
On a more personal note: I would like to thank Mayor Kenoi, Council Member Brenda Ford,
the rest of the Council and the PONC commissioners for giving me this opportunity, as a citizen, to
be involved in this process. It has been my honor to serve on this Commission and be its
Chairperson during my last year.
If there are any questions or clarification needed, please contact Ken Van Bergen, Property
Manager at 961 -8009, or Amy Self, Deputy Corporation Counsel at 961 -8251.
S'. ere
KIM GARCIA
Chair
Public Access, Open Space and Natural Resources Preservation Commission
2009 Annual Report to the Mayor
December 28, 2009
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 is submitting this 2009 Annual Report and Prioritized Properties List
to the Mayor (see Appendix 2).
The Commission is advisory to the Mayor, responsible for developing and submitting a
prioritized list of lands to be considered for acquisition. The Commission has developed a
comprehensive form and criteria to receive and prioritize suggestions from the community for
lands worthy of preservation. All submittals from the inception of the Commission have been
put into the Comprehensive List (see Appendix 3). This list attests to the informed participation
of community groups and individual citizens interested in the preservation of our island's
resources. The 2009 Prioritized List was developed by review and evaluation of the
Comprehensive List.
In 2009, the Commission conducted a comprehensive review of all previously submitted
Suggestion Forms for Lands and /or Property Entitlements for Acquisition in an effort to better
organize and maintain the Commission's records. The Commission also developed Site
Inspection and other internal protocols.
Commission Members
Kim Garcia, Chair, District 7, (Term: May 14, 2007 - December 31, 2009)
Hannah Springer, Vice - Chair, District 8, (Term: November 14, 2005 - December 31, 2010)
Terri Markovich, Commissioner, District 1, (Term: April 14, 2008 - December 31, 2012)
Larry Komata, Commissioner, District 2, (Term: June 9, 2008 - December 31, 2009)
Vacant, District 3
Sarah Moon, Commissioner, District 4, (Term: February 11, 2008 - December 31, 2012)
Steven Hirakami, Commissioner, District 5, (Term: March 4, 2009 - December 31, 2013)
Bill Gilmartin, Commissioner, District 6, (Term: January 1, 2007 - December 31, 2011)
E. Kalani Flores, Commissioner, District 9, (Term: October 5, 2005 - December 31, 2010)
-1-
Prioritized List
The 2009 Prioritized List is as follows:
Priority
Number Property Name with Tax Map Keys
1.
*Kawa
(3) 9 -5 -16:06 & 25; 9 -5 -17:05
2.
*Pa`o`o
(3) 5 -7 -01:05
3.
Lapakahi
(3) 5 -7 -01:11
4.
Kingman Trust
(3) 7 -7- 08:20, 31, 100
5.
Kahuku Coastal Property
(3) 9 -2 -01:75
6.
*Kaiholena
(3) 5 -8- 01:11, 19 -23
7.
Kukuipahu- Ha`ena Corridor
(3) 5 -6- 01:13, 18, 65, 89 -103,
105 -112
8.
Mahukona
(3) 5 -7- 02:11; 5 -7- 03:01 -03,
07, 08, 10 & 18
*These properties
are currently under active negotiations by the County of Hawaii.
In developing the 2009 Prioritized List for this Annual Report, the Commission reviewed
properties that were on the 2009 suggestion forms, previous Prioritized Lists, and properties that
were subject to County Council resolutions. 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.
Comprehensive List of Properties Submitted by the Public
The Comprehensive List is an alphabetized listing of all properties submitted by the
public (see Appendix 3). A review of all materials submitted by the public was conducted to
ensure the completeness of the list to be included in this year's report.
Commission Meetings
For 2009, the Commission spent the year formalizing rules of procedures (see Appendix
4), exploring available funding sources, and reviewing properties that the County Council had
passed resolutions on for acquisition.
The meetings scheduled in 2009 were:
January 12
Kona
February 9
Hilo
March 9
Kona
April 13
Hilo
May 11
Kona
June 8
Hilo
-2-
[cancelled; no quorum]
Commission Meetings (continued)
July 13
Kona
August 10
Hilo
September 14
Kona
October 12
Hilo
November 9
Kona
December 14
Hilo
During these meetings the Commission continued to receive testimonies from the public,
and engaged in discussion with invited guests: Aric Arakaki and Rick Gmirkin of the Ala
Kahakai National Historic Trail, National Park Service; Deanna Sako, Deputy Director of
Finance for the County of Hawaii; Larry Brown and Dana Okano, Planners, County of Hawaii
Planning Department.
Suggestion Form
The Suggestion Form [revised February 9, 2009] (see Appendix 5) is available to the
public by request through the County Finance Department or on -line at http://www.hawaii-
couniy.com/finance/ponc.htm.
A total of fourteen Suggestion Forms were received from the public between July 1, 2008
and May 29, 2009. The Commission considered properties identified on these forms that were
submitted by the public when creating the 2009 Prioritized List.
Assessment Criteria Form
The Commission updated and streamlined the Assessment Criteria Form [revised
February 9, 2009] (see Appendix 6) to include only three criteria sections and a revised scoring
method. This Assessment Criteria Form was utilized to assess the Suggestion Forms received
during the aforementioned time period.
Commission and Community Concerns
The following is a listing of new and continuing concerns and problems identified by the
Commission:
➢ The Commission would like to encourage the Mayor and the Hawaii County Council to
request of the Commission and County Property Manager clarification or more
information, as needed, prior to any recommended purchase actions on property listings.
➢ Recommending properties for purchase is the stated goal of the Commission. However
the Commission and the public are concerned that active management, including
maintenance and enforcement needs must be addressed. Funding sources need to be
identified for management purposes.
- J -
Commission and Community Concerns (continued)
➢ 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 complete a comprehensive
inventory of all "old government" roads and trails so these can be identified and used by
the public as may be deemed appropriate.
➢ The Commission should familiarize itself with the practicalities, benefits, and liabilities
associated with various easements to accomplish the Commission's goals.
➢ The Commission received comments and concerns from the public regarding the
temporary suspension of allocation and deposits to the Public Access, Open Space and
Natural Resources Preservation Fund (Fund).
Management Concerns
There is continuing concern regarding management of acquired properties. In most
cases, the County has insufficient funds and /or personnel to take on management of said
properties. The Corporation Counsel has advised this Commission that Section 2 -218 of the
County Code does not allow the Fund to be used for management. Although County Council
members may transfer a portion of their annual discretionary funds to the appropriate County
department to fund management plans for property acquisitions in their districts, the Commission
recommends that a formal funding process be established to support management plans and long
term property maintenance. These plans could be turned over to qualified groups for
implementation. Groups and programs could include but are not limited to the following:
➢ 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;
➢ Hawai`i County Department of Parks and Recreation — Parks Community Partnership
Program & Friends of the Park Program.
Next Steps
➢ In the interest of reducing cost, the Commission has scheduled six meetings alternating
between Kona and Hilo in 2010.
➢ Consider scheduling 2010 regional public meetings.
➢ Publicize meeting schedule and encourage contributors to submit completed suggestion
forms.
➢ Continue to explore funding sources for land /entitlement acquisitions.
➢ Continue to explore funding sources for land maintenance and management.
➢ Continue to identify potential partnerships with other governmental agencies, non - profit
organizations, and private entities for land /entitlement acquisitions.
-4-
Next Steps (continued)
➢ Identify partnerships with non - profit organizations, community groups, and volunteer
organizations to provide maintenance and management for acquired properties.
➢ Refine the priority adjustment ranking process, in consultation with the Office of
Corporation Counsel, Department of Finance, and the Mayor to guide the integration of
newly suggested properties with lists submitted in previous years.
➢ Deepen Commission understanding of easements for access and protection of natural and
historic resources.
➢ Submit Annual Report and Prioritized List to the Mayor by December 31, 2010.
Appendices
1. Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition)
2. 2009 Prioritized Properties including map — Lands and /or Property Entitlements for
Acquisition
3. Comprehensive List of Properties Submitted by the Public
4. 2009 Rules of Practice and Procedure of the Hawaii County Public Access, Open Space
and Natural Resources Preservation Commission
5. Suggestion Form
6. Assessment Criteria Form
-5-
§ 2 -210 HAWAII 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. 044, 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. 044, 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
ADmiNTSTRAnoN § 2 -214
(5) Two percent of Hawaii 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 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.
(2005, Ord. No. 05 -85, sec. 2; Am. 2005, Ord. No. 05 -166, sec. l; Am. 2006, Ord. No. 06 -151, sec. l; Am.
2006, Ord. No. 06 -169, sec. l; 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 HAWAII 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.
(1) 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
PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES PRESERVATION COMMISSION
2009 PRIORITIZED PROPERTIES- LANDS AND /OR PROPERTY ENTITLEMENTS FOR ACQUISITION
North (DECEMBER 28, 2009)
#7. Kukuipahu- Kohala
Ha`ena Corridor Haw/
1#8. M5hukonaj Mahukona Hamakua
1#3.Lapakahi
Honoka a Pa aui /o North
#2. Pa`o`o
Kawaihae Waimea
#6. Kaiholena South Laupahoehoe Hilo
Ko h a I a Waiko/oa
North
Kona
#4. Kingman Trust
Kai /ua j
Keauhou
Kea /akekua,
Honaunau
South
Kona
Mi /o /i9
N #5. Kahuku
Coastal Property
Paha /a
Ka ` u
Ocean View
�Vaa /ehu #1. Kawa
/Vino%
Haka /au
Honomu
Pepe eke o South
Hilo
Hilo
Kea au
Mt. View
Pahoa Kapoho
Volcano
Ka/apana
Puna
County of Hawaii Dept. of Finance
Property Management Division
Data ga#—d from the following:
Counfy of Hawaii Planning Dept
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION
2009 PRIORITIZED PROPERTIES - LANDS AND /OR PROPERTY ENTITLEMENTS FOR ACQUISITION
(DECEMBER 28, 2009)
(Photos courtesy of The Trust for Public Lands)
Tax Map
Key
Reported
Urgency
Anticipated Use
Significance
Special Opportunity
for Acquisition & Mana ement
9 -5- 16:06;
Yes
➢ Recreational activities (surfing,
➢ Identified in General Plan (2005) as an
➢ Ka`u community organization
9- 5- 16:25;
hiking, swimming, snorkeling,
important site for protection (Natural
committed to work on
9 -5 -17:05
picnicking)
Beauty 7.5.8)
maintenance and management
Potential for camping
Endangered turtle nesting beach
issues including: Ka`u
➢ Subsistence fishing and
➢ Significant cultural and historic sites
Preservation
shoreline gathering
Anchialine pond
➢ Owner willing to work with
➢ Protection of natural, cultural
➢ One of few surfing sites in the district
the County
and historic resources
of Ka`u
➢ Maintain existing access
➢ Would complete the Kawa acquisition
➢ Open space protection
initiative
-1-
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION
2009 PRIORITIZED PROPERTIES — LANDS AND /OR PROPERTY ENTITLEMENTS FOR ACQUISITION
(DECEMBER 28, 2009)
P CM P
Tr I
n0fit y 7TZ=1 0 0
:0. Y
(Photos courtesy of Gail Byrne & Kanoa Withington
Tax Map Reported Special Opportunity
Key Urgency Anticipated Use Significance for Ac uisition & Mana ement
5 -7 -01:05 Yes ➢ Recreational activities (surfing, ➢ Identified in General Plan (2005) as an important ➢ High community support
hiking, picnicking, camping) area for protection (Natural Beauty 7.5.5) ➢ Kohala community
➢ Subsistence fishing and ➢ Identified in North Kohala Community organizations committed to
shoreline gathering Development Plan (2008) as an important area work on maintenance and
➢ Protection of natural, cultural for protection (Strategy 1.2 — Acquire coastal management issues
and historic resources lands that should be preserved as open space) including:
➢ Maintain existing access ➢ Significant and high concentration of cultural Malama Kohala Kahakai;
➢ Open space protection and historic sites Kohala Historic and
➢ Protection of the integrity of this historic and Preservation Committee;
open space corridor along the Kohala coastline Kamakani O Kohala Ohana
➢ Preservation of natural beauty and scenic coastal ➢ Owner is willing to sell
view planes along Akoni Pule highway
➢ One of few surfing sites in North Kohala
➢ Eliminates an in- holding of private land within
tract of public coastal lands
-2-
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION
2009 PRIORITIZED PROPERTIES - LANDS AND /OR PROPERTY ENTITLEMENTS FOR ACQUISITION
(DECEMBER 28, 2009)
1
(Photos courtesy of Gail Byrne & Kanoa Withington
Tax Map
Key
Reported
Urgency
Anticipated Use
Significance
Special Opportunity
for Acquisition & Management
5 -7 -01:11
Yes
➢ Recreational activities
➢ Identified in General Plan (2005) as an important
➢ Letter submitted by owner stating willingness to
(swimming, snorkeling,
area for protection (Natural Beauty 7.5.5)
sell property
picnicking, hiking)
➢ Identified in North Kohala Community
➢ Letter submitted by State Parks Administrator
➢ Potential for camping
Development Plan (2008) as an important area
stating willingness to take over management of
➢ Subsistence fishing and
for protection (Strategy 1.2 — Acquire coastal
property and adding it to the Lapakahi State
shoreline gathering
lands that should be preserved as open space)
Historical Park if acquired
➢ Protection of natural,
➢ Significant and high concentration of cultural and
➢ High community support
cultural and historic
historic sites
➢ Support for acquisition from National Park
resources
➢ Protection of the integrity of this historic and
Service, Ala Kahakai National Historic Trail and
➢ Maintaining existing access
open space corridor along the Kohala coastline
State of Hawaii, State Parks Div.
➢
➢ Open space protection
➢ Preservation of natural beauty and scenic coastal
The Trust for Public Land is participating as a
view planes along Akoni Pule highway
partner in facilitating this acquisition
➢
➢ Protection of pristine waters of the Lapakahi
State and Federal grants have been awarded for
future acquisition
Marine Life Conservation District
➢ Kohala community organizations committed
➢ Eliminates an in- holding of private land within
to work on maintenance and management issues
tract of public coastal lands
including: Malama Kohala Kahakai; Kohala
➢ Adjacent to Lapakahi State Park
Historic and Preservation Committee;
Kamakani O Kohala Ohana
-3-
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION
2009 PRIORITIZED PROPERTIES - LANDS AND /OR PROPERTY ENTITLEMENTS FOR ACQUISITION
(DECEMBER 28, 2009)
W hill T 'M%
(Photos courtesy oflsland Land Company, Inc.)
Tax Map
Key
Reported
Urgency
Anticipated Use
Significance
Special Opportunity
for Acquisition & Management
7 -7 -08:20
Yes
➢ Provide for much needed off
➢ Create a green buffer zone from
➢ Trust, at present, is willing to sell
(V -1.25,
street parking and bathroom
urban sprawl
subject properties at County of
SMA);
facilities for beach goers at
➢ Improve and preserve watershed
Hawaii assessed values
7- 7- 08:100
White Sands Beach and
➢ Preservation of burial sites and
➢ Indications are that there is a
(V -1.25
Pahoehoe Beach Parks
related cultural resources
potential for a community group to
SMA);
➢ Passive recreational park
➢ Significant specimen kiawe trees
be formed upon acquisition of
7 -7 -08:31
➢ Create a makai -mauka access
on property
properties
(A -5a, SMA)
in case of natural emergencies
to the proposed Ali`i Bypass
road
➢ Formation of neighborhood
gardens
-4-
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION
2009 PRIORITIZED PROPERTIES — LANDS
AND /OR PROPERTY ENTITLEMENTS FOR ACQUISITION
(DECEMBER 28, 2009)
P ®ri #5 ° Yahulm Coastal
1
-.Y Y
d
Inowk
(Photos courtesy of The Trust forPublic Lands
Tax Map
Reported
Special Opportunity
Key
Urgency
Anticipated Use
Significance
for Acquisition & Management
9 -2 -01:75
Yes
➢ Ability to expand monitoring,
➢ Numerous historical and cultural sites
➢ The Trust for Public Lands is
management and protection of
➢ Kipukas of native lowland dry forest
building a partnership of
potential Hawksbill turtle nesting
ecosystems
organizations and local
habitat
➢ Complex of anchialine ponds
community groups willing to
➢ Protection of natural, cultural and
➢ Over a mile of ocean frontage
develop and maintain
historic resources
➢ Hawksbill turtle nesting habitat
stewardship
➢ Recreational and educational
➢ Expansive accessible black sand
➢ Potential partners: Hawaii
opportunities
beach for recreational use
Island Land Trust; The Nature
➢ Maintain and improve existing access
➢ Buffer of pristine coastal resources
Conservancy; Hawksbill Turtle
from urban /resort development
Recovery Project; Ka` u
Preservation
➢ Willing landowner
➢ Potential for matching federal,
state, county &private funding
-5-
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION
2009 PRIORITIZED PROPERTIES — LANDS AND /OR PROPERTY ENTITLEMENTS FOR ACQUISITION
(DECEMBER 28, 2009)
NAT1*1111 t"k"TIFI 1,301 i 1171(111woToo
(Photos courtesy of Gail Byrne & Toni Withington
Tax Map
Key
Reported
Urgency
Anticipated Use
Significance
Special Opportunity
for Ac uisition & Mana ement
5 -8- 01:11,
Yes
➢ Protection of natural,
➢ Identified in General Plan (2005) as an important area
➢ High community support
19 -23
cultural & historic
for protection (Natural Beauty 7.5.5)
➢ Kohala community
resources
➢ Identified in North Kohala Community Development
organizations committed to
➢ Open space protection
Plan (2008) as an important area for protection
work on maintenance and
➢ Subsistence fishing &
(Strategy 1.2 — Acquire coastal lands that should be
management issues
shoreline gathering
preserved as open space)
including:
➢ Significant and high concentration of cultural and
Malama Kohala Kahakai;
historic sites
Kohala Historic and
➢ Protection of the integrity of this historic and open
Preservation Committee;
space corridor along the Kohala coastline
Kamakam O Kohala Ohana
➢ Preservation of natural beauty and scenic coastal view
➢ Owner is willing to sell
planes along Akom Pule highway
-6-
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION
2009 PRIORITIZED PROPERTIES - LANDS AND /OR PROPERTY ENTITLEMENTS FOR ACQUISITION
(DECEMBER 28, 2009)
(Photos courtesy of Gail Byrne & Toni Withington)
Tax Map
Key
Reported
Urgency
Anticipated Use
Significance
Special Opportunity
for Acquisition & Management
5 -6- 01:13,
Yes
➢ Protection of natural,
➢ Identified in General Plan (2005) as an important
➢ High community support
18 65
cultural & historic resources
area for protection (Natural Beauty 7.5.5)
➢ Kohala community
89-103,
➢ Open space protection
➢ Identified in North Kohala Community Development
organizations committed to
105 -112
➢ Subsistence fishing &
Plan (2008) as an important area for protection
work on maintenance and
shoreline gathering
(Strategy 1.2 — Acquire coastal lands that should be
management issues
preserved as open space)
including: Malama Kohala
➢ Significant and high concentration of cultural and
Kahakai; Kohala Historic
historic sites
and Preservation
➢ Protection of the integrity of this historic and open
Committee; Kamakam O
space corridor along the Kohala coastline
Kohala Ohana
➢ Preservation of natural beauty and scenic coastal
view planes along Akom Pule highway
➢ This area is important to the recovery of three
endemic, endangered native fauna (acharanthes,
ko`oloa`ula and ohai)
-7-
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION
2009 PRIORITIZED PROPERTIES — LANDS AND /OR PROPERTY ENTITLEMENTS FOR ACQUISITION
(DECEMBER 28, 2009)
Pfloofity #8o Mihukona
(Photos courtesy of Gail Byrne & Toni Withington
-8-
Tax Map Reported Special Opportunity
Key Urgency Anticipated Use Significance for Acquisition & Management
5 -7- 02:11; Yes ➢ Expansion &enhancement of ➢ Identified in General Plan (2005) as an ➢ High community support
5 -7- 03:01- County beach park facilities important area for protection (Natural Beauty ➢ Kohala community
03; 07 08 ➢ Enhance the small boat launching 7.5.5) organizations committed to
10& 18 area ➢ Identified in North Kohala Community work on maintenance and
➢ Recreational activities Development Plan (2008) as an important area management issues
(swimming, hiking, picnicking, for protection (Strategy 1.2 — Acquire coastal including: Malama Kohala
camping) lands that should be preserved as open space) Kahakai; Kohala Historic
➢ Subsistence fishing &shoreline ➢ Significant and high concentration of cultural and Preservation
gathering and historic sites Committee; Kamakani O
➢ Protection of natural, cultural and ➢ Protection of the integrity of this historic and Kohala Ohana
historic resources open space corridor along the Kohala coastline
➢ Open space protection ➢ Preservation of natural beauty and scenic
coastal view planes along Akoni Pule highway
➢ Only small boat launching area in Nort
h
Kohala
PUBLIC ACCESS, OPEN SPACE AND
NATURAL RESOURCES PRESERVATION COMMISSION
COMPREHENSIVE LIST OF PROPERTIES SUBMITTED BY THE PUBLIC
(DECEMBER 28, 2009)
Property
Tax Map Key Number
Add a bike /foot path on conservation land (South
Kona
8 -3 -04
Ali`i Drive
Various
Botelho Ranch, SC Ranch, KK Ranch
4 -3 -10:02 & 08
Burial Cave (Puna)
1 -6- 90:79;
1 -6 -91:54
Cape Kumukahi Regional Park
1 -4 -02:52
Great Crack — Ka`u (Southwest Rift of Kilauea
Volcano
9 -8 -02
Hakalau Mill Site
2 -9- 02:80; 3 -1- 01:01, 02, 03; 3 -2 -02
Halawa (Coastal Makai)
N/A
Haleino Heiau, South Kohala
Ha a Point, North Kohala
Ha` ena Point, North Kohala
Hawaii Consolidated Railway
N/A
Hawaii Railway Company
N/A
Hawaiian Railroad Co. (Mahukona, Upolu Point,
Kauhola, Niuli`i
Zone 5
Hawaii West Railway)
N/A
Hawaii Kona and Ka`u Railway)
N/A
Hoku`ula Battleground
6 -5 -01:20
Ho` ea Flat, North Kohala
H61ualoa Beach
7 -6 -16:32
Homestead Road Trail South Kohala
6 -4 -01:60
H6naunau & South Kona Forest Reserve
8 -3; 8 -4
Honoli`i
(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)
2 -6 -12:23 & 33; 2 -6- 14:01; 2 -6 -26:03 & 04
Honolulu Landing
1 -4 -03:19 & 20
Hualalai Summit
7 -02
Judd Trail Ali`i Dr. to Mamalahoa Hwy)
Zone 7
Ka`awali`i Gulch shoreline
3 -6 -05:15
Kahawaili`ili`i Gulch
4 -4 -05:11
-1-
Property
Tax Map Key Number
Kahena Ditch Road
5 -8 -02:01
Kahuku Coastal Property
9 -2 -01:75
Kaiholena
5 -8- 01:11;
5 -8- 01:19 -23
Ka Lae South Point
9 -3 -01
Ka Lae to Kawalu Ka`u Coast
9 -3 -01 to 9 -4 -01
Kamehameha Pond North Kohala
5 -2 -02:08 & 5 -2 -05:18
Kamoa Point
7 -7- 04:12, 51, 52, 54
Ka` ohe
4 -4 -15:02
Ka alaoa
N/A
Ka oho - Vacationland tide pools
1 -4 -02:51 & por. 88; 1 -4- 68:01, 04 -20
Ka ulena Landing aka O ala House
4 -7 -03:01
Ka`u Coast
9 -1; 9 -2; 9 -3; 9 -4; 9 -5 coastal lands
Ka`u Dryland Forest & ancient Hawaiian home sites
9 -4 -02:03
Ka`u Forest Reserve
9 -5 -05: 08,13,14,15,18,20; 9 -6- 03:06,07,08,09
Kawa/Kawa`a Bay
9 -5- 17:07, 05;
9 -5- 16:25, 06
Kawela (Kamakamaka Point)
4 -6 -02:02
Kealakehe Regional Park
7 -4 -20
Ke` amuku
Portion of 6 -7 -01
Keanakolu Koa Forests
4 -1 -06:07
Keawenui Easement
5 -8 -01:09
Ke`ei Beach
8 -3 -06
Ke`eku Heiau
7 -8 -13
Kiholo Bay
7 -1 -02
Kohala Lighthouse, Ka` ahola Point
Koholalele Landing (Pa` auilo)
4-2-03:03
Kukuihaele (Old Landing aka Station & nearby
areas
4 -8- 01:01, 04
Kukuihaele Old Quarry and Breakwater
4 -8 -07:15
Kukui ahu Heiau
5 -6 -01:75
Lalamilo Farm Lots Perimeter Buffer Zone
6 -6 -05:27
La akahi State Historical Park Area (Gordy property)
5 -7 -01:20
La akahi State Historical Park Area Reish roe
5 -7 -01:11
Lower Cane Haul Road Wai i`o, Honoka`a
Zone 4
Lucile P. Kingman Trust
7 -7- 08:20, 31, 100
Mahai`ula to Hualalai
7 -2 -05
Mahukona Historical Area
Kamano, Kou, Hihiu, Kamoa
5 -7- 02:11; 5 -7- 03:01 -03; 5 -7- 03:07 -08; 5 -7-
03:10; 5 -7 -03:18
Makalawena
7 -2 -04
Malanahae aka Malanahae Landing
6 -4 -03:21
Maulua Gulch
3 -4 -02:01 & 03
Property
Tax Map Key Number
Maulua Nui
3 -7 -01:11
Mau`umae Beach (Queen Emma Estate coastal
parcel)
6 -2 -02:06
Mulier lands adjoining Kealoha Park
2-1-16:02,06
Na`alehu /Wai `ohinu (native forest above
communities
9 -5 -08:01
Naohuleahua "Two Bald Men Village"
9 -3 -01
Ninole, Ka`u
9 -5 -19
North American Properties (Ka`apana, Olelo Moana,
Ka` ohe)
8 -7 -12:01 & 03;
8 -7 -01:06
Old Coast Guard Road to Hono`i a Landing
5 -6 -01:74
Old Railroad Way (Honomu- Pepe`ekeo)
2 -1
`O`oma 11
7 -3 -09:04 & 22
Pahoa Steam Vents
1- 3- 01:74, 83, 84, 54
Pa`o`o
5 -7 -01:05
Papa`ikou Mill Beach
2 -7- 04:118
Paradise of South Kona, LLC
9 -2 -01:72
Poho`iki Road Puna
1 -3 -08
P6hue Bay
9 -2 -01:75
P6hue Beach
9 -2 -01:01
Pololu Trail
5 -1 -04:29
Property makai of Kohala Intermediate School
Puak6 Forest Project
6 -8 -01:22
Puak6- Waimea Trail
6 -6 -01
Pualena Crater
1 -3 -45 & adjacent parcels
Puapua`a
7 -5- 20:22, 24, 28, 34
Public access to Haina Landing and Pd'auhau
Landing
N/A
Puhia ele
Portions of 7 -2 -03 & 7 -2 -04:04 & 14
Punalu`u Beach Park and adjacent lands (including
Ninole Springs and and )
9 -6- 01:06, 11, 12, 03;
9- 5- 19:coastal portions of various parcels
Punalu`u to Manuka Bay
Pu`u Makanau
9 -5 -18
Pu`u O`o Ranch Pi`ihonua
2 -6 -18:01
Road to the Sea, Ka`u
9 -2 -02
Sandalwood Conservation Buffer Zone
N/A
South Kohala Regional Park
6 -8 -01:01
South Kona Forest Reserve Yee Ho
8 -8 -01
S rin water next to Kawaikalia gulch
4 -7 -03:01
Takashiba's Farm, South Kona
8 -2- 01:01; 8 -2 -02:01
Wai`aha/Honl's
Wai`ele
1 -4- 03:03& 37
Property
Tax Map Key Number
Waika`alulu Gulch aka Fishtail
4 -4 -02:04
Waika una
9 -5 -07
Waimea Field System
6 -6- 01:02,06 & 48
Waimea Streamside Park
6 -6 -03:06
Waimea Town Center Equestrian Trail (South
Kohala
6 -7 -02
Waimea Trail System Inter - connections (South
Kohala
Waimea Trails & Greenwa s
Various
Wai i`o Lookout Point
4 -8 -04:06
Wai unalei
3 -7 -01:03
White Road Trail
6 -4- 02:137
-4-
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
Hawaii 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 Hawaii 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 Hawaii or its
authorized representative.
(b) "Charter" shall mean the County Charter of the County of Hawaii, State of Hawaii.
(c) "Commission," "Chair," "Vice Chair" and the "Commissioner" mean the Public
Access, Open Space and Natural Resources Preservation Commission of the County
of Hawaii, State of Hawaii, its Chair, its Vice Chair and a member thereof,
respectively.
(d) "Council" shall mean the County Council of the County of Hawaii, State of
Hawaii.
(e) "Director" means the Director of Finance of the County of Hawaii
(f) "HRS" means Hawaii Revised Statutes.
(g) "Mayor" shall mean the Mayor of the County of Hawaii, State of Hawaii.
(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 6108109)
(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 Hawaii 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
6 -1. ORGANIZATION
- 2 - (Revised 6108109)
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. 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.
6 -2. ELECTION OF CHAIR AND VICE CHAIR
At the regular November 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 first November
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 Hawaii.
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.
-3 - (Revised 6108109)
(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
such special meeting shall be conspicuously posted on the bulletin board of the
Hawaii 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.
- 4 - (Revised 6108109)
(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.
(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;
-5 - (Revised 6108109)
(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.
(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;
- 6 - (Revised 6108109)
(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 -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
7- (Revised 6108109)
(a) The public may obtain information on matters within the jurisdiction of the
Commission at the Department of Finance, County of Hawaii, 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, Rm. 118, Hilo, Hawaii 96720.
(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, Rm. 118, Hilo, Hawaii 96720.
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 6108109)
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 Hawaii County Code. Please use the form below to tell the Commission about a place or
access you would like to see protected.
Name of site or project:
Location or Address:
Tax Map Key (TMK) number(s):
Please use one form per suggestion.
Acreage:
R � Provide (as Attachment A) a TMK map with the property boundaries and /or proposed access outlined or
highlighted.
❑Puna ❑S. Hilo ❑N. Hilo ❑Hamalcua ❑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)
❑ Public outdoor recreation and education,
including access to beaches and
mountains
❑ Preservation of historic or culturally
important land areas and sites
❑ Protection of natural resources, including
buffer zones
❑ Preservation of forests,
beaches, coastal areas, natural
beauty, and agricultural lands
❑ Protection of watershed lands
to preserve water quality and
water supply
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 proposed acquisition
or project through letters of support or other means.
(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 proj ect.
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 2109109) 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? ❑No ❑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
c/o 25 Aupum Street
Hilo, Hawaii 96720
E -mail: akelepolo a,co.hawaii.hi.us
For further information contact: Alexandra Kelepolo at 961 -8069
E -mail: akelepolo a,co.hawaii.hi.us
For online information go to: http: / /www.hawaii- couniy.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 2109109) Page 2 of 2
COUNTY OF HAWAII
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES
PRESERVATION COMMISSION
Assessment Criteria Form
Name of Site or Project:
Location or Address:
Ahu ua`a•
District:
❑Puna ❑S. Hilo ❑N. Hilo ❑Hdmdkua ❑N. Kohala ❑S. Kohala
❑N. Kona ❑S. Kona ❑Ka`u
TMK:
Acreage:
Landowners
Anticipated Use:
Purpose of suggested site (for public acquisition) or project:
❑ Public outdoor recreation and education,
including access to beaches and
mountains
❑ Preservation of historic or culturally
important land areas and sites
❑ Protection of natural resources, including
buffer zones
❑ Preservation of forests,
beaches, coastal areas, natural
beauty, and agricultural lands
❑ Protection of watershed lands
to preserve water quality and
water supply
County Zoning
Special Funding Opportunity
State Land Use
Possible Cost
SMA
Flood Zone
Identified in 2005 General Plan
Hazards / Constraints
Identified in District Community
Development Plan
Wetlands
Archaeology / Historic Sites
Listed in Hawaii County
Fixed Assets
Listed in Inventory of Public
Shoreline Access (1979)
Listed in Hawaii State
Register of Historic Places
SCORES
Criteria 1
Existing Legal Public Access
Criteria 2
Criteria 3
Management/Maintenance
Partnership Identified
Final Score
Assvessed Bv:
Date:
(Revised 2 9 09) Page 1 of
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).
(Revised 2109109) Page 2 of 3
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 Hawaii.
➢ 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 Hawaii.
➢ 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
Hawaii.
➢ 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.
Total 15 Criteria 1 %
(Revised 2109109) 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.
Total 12 Criteria 2
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.
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 uraenc .
Total 12 Criteria 2
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.
Total (9) Criteria 3
(Revised 2109109) Page 3 of 3
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.
Total (9) Criteria 3
(Revised 2109109) Page 3 of 3