Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2010-12-27 (2010 PONC Annual Report to the Mayor)
I Opei�� Space ►i�� Coi�»i�»issioi� R ��1-0''AlllluaL'JL6,;jgg@t,l�e Mayor " .lm I 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 27, 2010 Honorable William "Billy" Kenoi, Mayor County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Kenoi: The Public Access, Open Space and Natural Resources Commission (PONC) submits our 2010 Annual Report for your consideration. We extend our gratitude to you and your administration and staff for the support provided to this Commission in accomplishing its mission and goals this year. We would also like to express our gratitude to Ken Van Bergen (Property Manager), Alexandra Kelepolo (Clerk) and Amy Self (Deputy Corporation Counsel) for their noteworthy assistance provided to this Commission. It has been my honor to serve on this Commission since its inception in 2005 and to be its Chair during my last year. I have been privileged to participate in this Commission from the beginning as it evolved through its implementation of procedures and guidelines, interacted with the community, and witnessed the acquisition of properties for the public's benefit. With the PONC's concerted efforts in unison with your present administration, the former Mayor Harry Kim's administration, County Council members, along with community members and organizations, several significant properties have been acquired with the PONC Fund in the last four years. In addition, $6,309,750.00 of federal and state grant monies were secured to enhance this acquisition process. As a result, the accomplishments of Hawaii County have been exemplary in protecting its island's remaining open spaces, unique landscapes, and natural and cultural resources along with ensuring continued public access to these areas for the benefit of present and future generations. If there are any questions or comments, please contact Ken Van Bergen, Property Manager, at 961 -8009. Hawai `i County is an Equal Opportunity Provider and Employer Commissioners: E. Kalani Flores; Searle Grace; Bill Gilmartin; Steven Hirakand, Terri Markovich; Wilma Matsumura; Sarah Moon; Hannah Springer County of Hawaii Public Access, Open Space and Natural Resources Preservation Commission 2010 Annual Report to the Mayor December 27, 2010 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 2010 Annual Report and Prioritized List to the Mayor (see Appendix 2 for detailed descriptions and maps of these prioritized properties). In generating the 2010 Prioritized List, the Commission considered and listed an access easement and agricultural conservation easement. This is the first year that any easement has been included on the list. 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 2010 please refer to Appendix 3, Summary of 2010 Acquisitions. This year the Commission has 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 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 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 E. Kalani Flores, Chair, District 9, (Term: October 5, 2005 - December 31, 2010) Sarah Moon, Vice - Chair, District 4, (Term: February 11, 2008 - December 31, 2012) Terri Markovich, Commissioner, 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) Bill Gilmartin, Commissioner, District 6, (Term: January 1, 2007 - December 31, 2011) Vacant, District 7 Hannah Springer, Commissioner, District 8, (Term: November 14, 2005 - December 31, 2010) -1- Prioritized List The 2010 Prioritized List is as follows: Priority Number Property Name with Tax Map Keys 1. Pohoiki Bay 2. Keawenui Access Easement 3. Hamakua Springs Agricultural Conservation Easement 4. Hapu`u to Kapanai`a Cultural Corridor (3) 1- 3- 08:Por. 34 (3) 5 -8 -01:09 (3) 2 -8 -04:05 (3) 5 -2- 07:04; 5 -3- 07:22, 23, 26, 28, 32 & 33 In developing the 2010 Prioritized List for this Annual Report, the Commission only considered properties submitted in the 2010 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 Past prioritized lists were compiled in the Status of Properties on Past Prioritized Lists from 2006 -2009 (see Appendix 4). The Commission recommends that properties from previous prioritized lists should continue to be pursued as far as possible unless: 1) property has been acquired by the County; 2) owner not willing to sell; 3) in- sufficient funds; 4) not able to obtain a County Council resolution. Comprehensive List of Properties Submitted by the Public The Comprehensive List (see Appendix 5) is a sequential listing by tax map key of all properties submitted by the public since 2006. Commission Meetings Being mindful of the County's budget constraints, the Commission scaled back its' scheduled monthly meetings to six meetings per year. For 2010, the Commission continued to meet according to its' rules of practice and procedure (see Appendix 6). The meetings scheduled in 2010 were: January 11 March 8 March 29 June 21 August 9 October 11 December 13 Kona Hilo [cancelled; no quorum] Hilo Kona Hilo Kona Hilo -2- During these meetings, the Commission continued to receive testimonies from the public, and engaged in discussion with invited guests: Michael Whitt of the United States Department of Agriculture, Natural Resources Conservation Service and Doug Sensenig of the Hawaii Island Land Trust. In addition to regularly scheduled meetings, several commissioners and staff attended a Conservation Easement workshop in Waimea on September 28, 2010. They met with representatives of matching funding sources and broadened their understanding of the possibilities of funding. Suggestion Form The Suggestion Form [revised January 11, 2010] (see Appendix 7) is available to the public by request through the County Finance Department or on -line at http://www.hawaii - county.com/finance/ponc.htm. A total of eleven Suggestion Forms were received from the public between June 1, 2009 and May 28, 2010 (see Appendix 8). The Commission considered properties identified on these forms that were submitted by the public when creating the 2010 Prioritized List. Assessment Criteria Form The Commission updated the Assessment Criteria Form [revised January 11, 2010] (see Appendix 9). 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 would like to encourage the Mayor and the Hawaii County Council to request of the County Property Manager clarification or more information, as needed, prior to any recommended purchase actions on property listings. ➢ Recommending property /entitlements for acquisition is the stated goal of the Commission. However, the Commission and the public are concerned that active management needs should be addressed. Funding sources should be identified for management purposes. ➢ The Commission should continue to familiarize itself with the practicalities, benefits, and liabilities associated with various easements to accomplish the Commission's goals. -3- 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 Public Access, Open Space and Natural Resources Preservation Fund to be used for management. The Commission recommends that a formal funding process be established to support management plans and long term property maintenance. The plans could then be turned over to qualified groups and /or organizations for implementation. Next Steps ➢ Continue to schedule six Commission meetings alternating between Kona and Hilo in 2011. ➢ Consider scheduling 2011 regional public meetings. ➢ Publicize meeting schedule and encourage the public to submit completed 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. ➢ Deepen Commission understanding of easements. ➢ Submit Annual Report and Prioritized List to the Mayor by December 31, 2011. Appendices 1. Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition) 2. 2010 Prioritized Properties 3. Summary of 2010 Acquisitions 4. Status of Properties on Past Prioritized Lists from 2006 -2009 5. Comprehensive List of Properties Submitted by the Public 6. Rules of Practice and Procedure of the Hawaii County Public Access, Open Space and Natural Resources Preservation Commission (revised 3/29/2010) 7. Suggestion Form (revised 1/11/2010) 8. 2010 List of Suggestion Forms Submitted by the Public 9. Assessment Criteria Form (revised 1/11/2010) -4- § 2 -210 HAWAII COUNTY CODE APPENDIX 1 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 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. 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'l 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 N X o LV o A o a 0. 0 O f4 , .� U � o � ° w aN � W M E� C � A Uz� v� �a V1 N w �� zx a � �w x N Z Z 0 A 'O boa �b C °h S� NV M O O • • 0�0 O O N M � `O •• N C� O O Z � N5, ./ B )\ x § z ti) E¢ /ƒ Q `Q )) � � � � � � ■ � ■ � .. � � � � � � e� e � � � o ,,0 w�1 g :.fir' p P W. P =O. ��"�$" :•iS� - 1'. �iS�d�Q�'� \ Ooo� $��:s O � •.•:.,wffis.Aa'r.� u - '� ' . � NOOK 00 O " � Q 3 � � � . � � � w K P � •� �" � ����I -%;� ?new u � R� Yom.s? �, ldib3WON0 # xFa �r �� '� lilt ley !s rv. O`Y ly �s +e'.: "� kI k �T Iwo 5 ' /ff T' 1Y4,'. Y .��F Y 5 � � ��5� 7R•til..�F CRS . WIY'.R .i�.. J .ii6Yf..� •. .- �. .,i:. '4:.�.. a+� .._�. n� _ .. - �.. ..o,!'� _ _ • / L � ��. / \ B )\ x g § ©2)\ l \ ƒ\ ƒ E¢ /ƒ Q `Q )) � v e� � � � M 0 � v � e � � � APPENDIX 3 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) SUMMARY OF 2010 ACQUISITIONS I,LXIHOLENA (north parcels), North Kohala District On January 29, 2010, the County of Hawaii completed its third pur chase a tilizing funds from t he P ublic A ccess, Open S pace a nd Natural R esources P reservation Fund (PONC F UND). The pur chase pr ice w as $6,541,680.00 and consisted of four pa rcels ( Tax M ap Keys: (3) 5 -8- 01:11, 19, 20 & 24) totaling 151 acres. ._ These properties contain some of the most intact historic and cu ltural s ites a nd traditionally a sed accesses t o the shoreline used by the public for subsistence fishing and shoreline g athering. I n addition it's also identified in the County General P Ian and North Kohala Community Development Plan as an important area for protection. The County is currently pursuing the acquisition of the remaining south parcels (Tax Map Keys: (3) 5 -8- 01:21, 22 , 23 & 25) a t K aiholena a nd w as r ecently r anked #1 by t he S tate of H awai`i, Department o f Land and N atural R esources (DLNR), L egacy Land Conservation C ommission t o receive $1,650,000.00 upon approval by the B oard of Land and Natural Resources. T his amount would go towards the purchase of parcels 21, 22 and 25. PA`O`O, North Kohala District On November 15, 2010, the a cquisition o f P a`o`o w as the C ounty o f Hawai`i's s econd P ONC pur chase t his year, fourth o verall. The purchase pr ice w as $1,890,000. 00 for 10.61 acr es ( Tax M ap Key: (3) 5 -7- 01:05) of coastal land. The pur chase w as pa rtially f unded by a $945, 000.00 gr ant f rom t he DLNR L egacy L and Conservation Program w ith the balance o f $945,000.00 funded through the PONC FUND. As with the purchase of K awa, this is a nother gr eat e xample o f how important i t is t o leverage funds with State and /or Federal sources in the purchase and preservation of open space. A tremendous amount o f gratitude goes o ut t o t he Trust for P ublic Lands for a ssisting the C ounty o f Hawaii with o btaining gr ant m onies from t he S tate a nd t he overall a cquisition o f t his property. T hese lands co ntain a hi gh co ncentration o f cu ltural a nd historic sites along with one of the few accessible surfing sites in North Kohala. \\ \� 6C:) \ \ \\ 6E � �� L. \� « .� ./ B )\ x & §v ;2 \k \ \)\ U) , %3. ;e \ (� - / �§)(\ E? / jƒ \ � n . ., . .....�.g.� �.,. . ... . U) \' 'y.: -« < d %« . a: 9r. a= ��� y- :.. \z�. : «dk .. w y© > ® © ®y. _� c� � ^ . . 6�� .� g /. . . . ..v �\ - c ® 6 .! .. .. ...� ) . . . . , ... . . .. <,« . � .:... .... :v�<2 a� . -. � °�• - « :v «� K�� leg 4. r ' r f � _e a P a a • s v W!' • . i t , fffi�' CSC O � �q A � oaf w 4, 21) � v 0 U 0 0 0 0 1n� • • • O 0 V 0 V Iq 0 Z W a a a z a z 0 ° �N 00 U° zN a � a �A a ~�No ��Ocv paw Ei �Q zw AH �w w p"' Ua �a �w zo off w U U H �Q I� 6 CG �o 0 a Z W aaz a 0 �o a00 ON ww C) O O I'D 00 WO O ICI la�l I 0 a� OW o00 H U U N cd CJ C�j N C o 0 N Z W °o �C�j 0 U 00 xaoa o 0 o a �1 N z V O O H WO �„ i N aaz aaz a a 0 0 �o �o �00 00 00 ON ON 00 -� F4 O M O O O WCD O W W CD CD O O W W � U r I� 6 CG �o 0 a Z W aaz a 0 �o a00 ON ww C) O O I'D 00 WO O ICI la�l I 0 OW o00 H U U N CJ C�j N C o 0 N Z W °o 0 U 00 xaoa 0 �o �1 N O V O O H WO �„ i N z z 0 `I N O o U O zN oa �a �A a ~�No x�ON paw �Q H o�oA zw �w wa U O � W zo off W U U A� O N b�A z A �w ao O 0 bq N N �i 0 ti N Q I� W o � Q N � � N �. 7� 6-0 � � C� Q° oaaz C N C O O �a a) C�j O O U O �IOWc°v � O U C�jw x�. � 00 o °o O o 0 N be,� A � 4t 609,� z C 0 O� 00 M O M w� x � x o i� 91 � U o c� `O o o E� W°o W°o ao O 0 bq N N �i 0 ti N Q I� a� � o o � Q N � � N �. 7� 6-0 � � C� Q° C N C O O a) C�j O O U O �IOWc°v U C�jw x�. a 00 o °o � o 0 N be,� 4t 609,� z C 0 00 M O M w� x � o o U o � � o E� W°o ao O 0 bq N N �i 0 ti N Q I� 0 0 U° w w O 0 v .o O O dE N a� a� a� F C�j �j � C U �to �.�,a) x �. 7� 6-0 � � cd CA CIJ a) C�j O CA H C�j U C�jw W °o � o 0 aao�a 609,� 4t 0 O � o � � o E� W°o 0 0 U° w w O 0 v .o O O dE N x w O H 0 z O H �I N O o U N oa �a �A w w� H �o O� �a H a� �a Ho zw �w wa Ua �a �w zo off w U H �Q 0 0 N N w w w A w I� ICI I� Ii W On C�j C�j o � C~j � ° O n U O CIJ � - 00 a) N C� 's. O C�j O.� C�j > � CA C C O O v � � O � N � �' � ^O •� O� � z O N O A bJJ 4. cd O �w — U w 0 0 0 p 0 k bAU c pJ bJJ C N aaz a 6~9 C�j 0 a w 00 0\ N W °o -� -� 0 0C) 00 � w 00 0 0 0 0 0 0 0 0 N N � Z M 00 it it W On M � C~j � ° � - 00 a) N C� �- � N U N 06 O O v � � O � N � �' � ^O •� O� � O N O O QC�j. v bJJ 4. cd O — U 0 0 0 p 0 k bAU c pJ bJJ C N 6~9 C�j W °o � w 00 U � E'� 00 a a O w `-' 00 O O AO 00 w- O M Wn N M "D vp lzt O O -� 0� O N Ln M O O O O O O O O 00 00 00 00 00 00 00 00 W) W) Ln Ln Ln Ln N N � M 0 o cn z xA � w v~ � xa z a 0 C z w O x�•o � C�j F�Z�iI N � � o � N a � Kli a� ap -� 0 •� � o � zoo o w �a 0 0 Ic;,j 0 z z xA� z xA� w w aaz zN oa z 0 � o z a aH IZT C) O��n O 00 � � w O r-- N N N O M M OM z d N 00 � � N Q� O w O z� �poN Q� O paw �w z� z�aU Paz c�oA a zw AH o �o oz a a zo w� 00 � N N O x a 0 o cn z xA � w v~ � xa z a 0 C z w O x�•o � C�j F�Z�iI N � � o � N a � Kli a� 0 �o 0 z z xA� z xA� w w aaz a aaz z 0 � o z a w IZT C) O��n O 00 � � w O r-- N N N O M M OM 0 d N 00 � � N Q� O w O z� 0 o cn z xA � w v~ � xa z a 0 C z w O x�•o � C�j F�Z�iI N � � o � N a � Kli a� 0 �o z xA� w aaz a z 00 OM � � N O O O Q� O w O z� 0 o cn z xA � w v~ � xa z a 0 C z w O x�•o � C�j F�Z�iI N � � o � N a � Kli x w O H O z O H 0 �N 00 V ° zN oa �a �A v� N H �O O� a H a� �a H O zw AH �w wa V a � a � W zo off W V V H �Q 0 0 cv cv W w w A H w F+�I 0 � O cn E� N z xA� W aaz a 0 V O � N O� Q� O W o x z� i RIO 0 U U N �i N w I� a N CG 0 N � � U � N O 06,01 E� O O O M � U Q O O 00 C�j �. N 0 Zs O z -0 � -0 C�j Q�o0 z -0 o� xA� o� 5o 5 0 C�j � QN N W z xa gab a bo'� C/) 609, bo'� C/) 0 � o a 0 o W l CA 0 �— cl 69 69 69 4t C O moo o 00 x -� 00 -� O C) ^� N Vi 00 M W MO 000 0000 N ^� W oo � W Q O O O x 0 U U N �i N w I� a LM N CG � O � N E� � cp N 0 a z xA� W z xa a 0 � o a o W l 0 cl Q� O W o x LM APPENDIX 5 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) COMPREHENSIVE LIST OF PROPERTIES SUBMITTED BY THE PUBLIC (DECEMBER 27, 2010) PUNA Zone 1) Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 2008 2009 2010 x x 1-3-01:54,74,83,84 Pdhoa Steam Vents x Various Hawaii Consolidated Railway 1 -3 -08 Pohoiki Road Panaewa to Kapoho x 1 -3 -08:34 Pohoiki Bay, Puna, Hawaii x Zone 2 and 1 Hawaiian Consolidated (Railroad 1 -3 -45 & adjacent parcels Pualena Crater x Avenue to Kapoho x 1 -4 -02:51 & por. 88; 1-4-68:01,04-20 Kapoho - Vacationland tide pools x x Mill Road Water Falls (Pdpa`ikou) x 1 -4 -02:52 Cape Kumukahi Regional Park x x x 1 -4 -03:03 & 37 Wai`ele x x Old Railroad Way (Honomu — 1-4-03:19 & 20 Honolulu Landing Pepe`ekeo x x 1 -4 -91 Green Lake, Green Mountain x I I I 1 1 -6- 90:79; 1 -6 -91:54 Burial Cave Puna SOUTH HILO Zone 2) Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 x Various Hawaii Consolidated Railway Panaewa to Kapoho x Zone 2 and 1 Hawaiian Consolidated (Railroad Avenue to Kapoho x (About 250 yards up- stream Mill Road Water Falls (Pdpa`ikou) from Mill Beach) x 2 -1 Old Railroad Way (Honomu — Pepe`ekeo x x 2-1-16:02,06 Muller lands adjoining Kealoha Park 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 Pdpa`ikou Mill Beach x 2 -7 -09 Onomea Bay surrounding lands x 2 -8 -04:05 Hdmdkua Springs Agricultural Conservation Easement x 2 -9- 02:80; 3 -1- 01:01, 02, 03; Hakalau Mill Site 3 -2 -02 I NORTH HILO (Zone 3) Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 12010 x 3 -4 -02:01 & 03 Maulua Gulch x 3 -6 -05 Ka`awali`i Gulch x 3 -6 -05:15 Ka`awali`i Gulch shoreline x x 3 -7 -01:03 Waipunalei x 3 -7 -01:11 Maulua Nui HAMAKUA (Zone 4) Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 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 & 03 Botelho Ranch, SC Ranch, KK 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 L anding 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 4 -7 -03:01 Kapulena Landing aka Opala House • x 4 -7 -03:01 Springwater next to Kawaikalia gulch • x 4 -8- 01:01, 04 Kukuihaele (Old Landing aka Station & nearby areas X 4 -8 -04:06 Waipi`o Lookout Point • x 4 -8 -07:15 Kukuihaele (Old Quarry and Breakwater NORTH KOHALA (Zone 5) Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 12010 x Camp 5 between Kohala High & Hawi Makai to the ocean x Ha` ena Point, North Kohala 2 Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 x Halawa Coastal Makai x Hapu Point, North Kohala x Various Hawaii Railway Company (Mahukona to Upolu Point) x Zone 5 Hawaiian Railroad Co. (Mahukona, U olu 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 cam X 5 -1 -04:29 Pololu Trail x 5 -2 (Niuli`i) to 5 -5 ( Puakea) North Kohala, windward shoreline (from Puakea Ranch to Keokea Park) X 5 -2 -01:14 & 16 Kupalaha Heiau (adjacent to Ke6kea Beach Park) X 5 -2 -02:08 & 5 -2 -05:18 Kamehameha Pond North Kohala x 5 -2- 07:04; 5 -3- 07:22, 23, 26, 28, 32, 33 Hapu`u to Kapanai`a Cultural Corridor X 5- 3- 07:Por. 01, 21, 24, 25, 27, 28 Public access road to Kapanai`a 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- 01:27, 56 Access to Mo`okini Heiau and Kamehameha birth site x 5 -5 -07:37 Wea 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 5 -6- 01:101 -110, 113, 118, 182, 185, 189 -199 Kukuipahu- Ha`ena Corridor 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 5 -7- 02:11; 5 -7- 03:01, 02, 03, 07, 08, 10, 18 Mahukona Historical Area (Kamano, Kou, Hihiu, Kamoa) 3 Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 x x x x 5 -8 -01:09 Keawenui Access Easement 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 Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 x x Haleino Heiau, South Kohala X 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 x 6 -4 -01:60 Homestead Road Trail (South Kohala X 6- 4- 02:137 White Road Trail X 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 Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 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 Hawaii Railway (Lanihau to Kalukalu x Various Ali`i Drive X 7 -1 -02 1 Mholo Bay 4T Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 x x 7 -1 -03:10 Waikoloa South x 7 -2 Hualalai Summit x 7 -2 -03 & 7 -2 -04:04 & 14 Puhi a Pele x 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 11 x 7 -4 -20 Kealakehe Regional Park x x 7 -5 Kona and Ka`u Railway/West Hawaii Railroad (Hualalai Road - Kuakini Hwy.- Ono`uli x x 7 -5- 20:22, 24, 28, 34 Puapua`a 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 Ke`eku Heiau SOUTH KONA (Zone 8) Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 x x Below Hawaiian Ranchos Subdivision Kauleoli x Keopuka x 8 -2- 15:01; 8 -2 -02:01 Takashiba Nut Farm in Cook's Landing, Captain Cook x x 8 -3; 8 -4 H6naunau & South Kona Forest Reserve x 8 -3 -04 Add a bike /foot path on conservation land Honalo to Kekaha x 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 Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 x Below Hawaiian Ranchos Subdivision Multiple beaches below Ocean View, Hawaii 96737 x Punalu`u to Manuka Bay x 9 -1; 9 -2; 9 -3; 9 -4; 9 -5 (coastal lands Ka`u Coast 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 5 Year Suggestion Form Submitted Tax Map Key(s) Property(s) 2006 2007 2008 2009 2010 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 Dryland Forest & ancient Hawaiian home sites x 9 -5- 05:08, 13, 14, 15, 18, 20; 9- 6- 03:06, 07, 08, 09 Ka`u Forest Reserve 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 & 07 Kawa/Kawa`a Bay 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 various parcels; 9 -6- 01:03, 06, 11,12 Punalu`u Beach Park and adjacent lands (including Ninole Springs and pond x 9 -8 -02 Great Crack — Ka`u (southwest rift of Kilauea volcano 6T APPENDIX 6 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 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 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 Hawai` i. (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 3129110) (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 - 2 - (Revised 3129110) 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 3129110) 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. (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 3129110) (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 3129110) (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 3129110) 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 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, Suite 1101, Hilo, Hawaii 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, Hawaii 96720 -4252. - 7 - (Revised 3129110) 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 3129110) APPENDIX 7 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. Forms completed thoroughly will enhance assessment. 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 ❑Hdmdkua ❑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 project. 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 I 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, Suite 1101 Hilo, Hawaii 96720 -4252 E -mail: akelepolo(a�co.hawaii.hi.us For further information contact: Alexandra Kelepolo at (808) 961 -8069 E -mail: akelepolo(a 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 8 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) 2010 LIST OF SUGGESTION FORMS SUBMITTED BY THE PUBLIC Tax Map Key(s) Property(s) PONC Communication No. Date Received PUNA 1-3-01:83,84,54 Pdhoa Steam Vents 10 -015 5/28/10 1 -3 -08:34 Pohoiki Bay Puna, Hawaii 10 -013 5/26/10 1 -4 -91 Green Lake, Green Mountain 10 -006 4/23/10 SOUTH HILO 2 -8 -04:05 Hdmdkua Springs Agricultural Conservation Easement 10 -014 5/28/10 NORTH KOHALA Various North Kohala Coast Historic and Cultural Corridor 10 -016 5/28/10 Various Hapu`u to Kapanai`a Cultural Corridor 10 -017 5/28/10 5-6-01:101-110,113, 118, 182, 185, 189- 199 Kukuipahu- Ha`ena Corridor 10 -010 5/19/10 5 -7- 02:11; 5 -7- 03:01, 02, 03, 07, 08, 10, 18 Mdhukona 10 -011 5/19/10 5 -8 -01:09 Keawenui Access Easement 10 -009 5/19/10 5 -8- 01:21, 22, 23 Kaiholena 10 -008 5/19/10 NORTH KONA 7 -3 -10 `O`oma 11— North Kona 10 -007 4/28/10 APPENDIX 9 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 ❑Hamakua ❑N. Kohala ❑S. Kohala ❑N. Kona ❑S. 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 Criteria 1 Criteria 2 Criteria 3 Final Score Assessed By: Date: SCORES (Revised 1 /11 /10) Page 1 of 3 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 1 /11 /10) 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 1 /11 /10) 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 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 1 /11 /10) 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 1 /11 /10) Page 3 of 3