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William P. Kenoi
Mayor
Walter K.M. Lau
Managing Director
Randall M. Kurohara
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, 2013
Honorable William "Billy" Kenoi, Mayor
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mayor Kenoi:
I am very pleased to transmit to you the 2013 Annual Report of the County of Hawaii Public
Access, Open Space and Natural Resources Preservation Commission (PONC) pursuant to Section 2-
217 (2) of the Hawaii County Code.
The community came forward with some excellent properties for our consideration, from which
the priority list was developed. In addition to a prioritized list of properties, which can be found on
pages 1-2, we have also included a considerable amount of information on our process, procedures, and
on each property that we included on our final list.
During the year-long process, many individuals from across Hawaii Island attended our
meetings or submitted letters which exhibited a great deal of support for this program, which will
enhance the quality of life for residents and visitors for generations.
On behalf of the Commission, I would like to extend a warm mahalo to out -going
commissioners Steven Hirakami and Searle Grace, for their time and dedication over the past years.
I would be remiss if I failed to mention that, without the outstanding support of County of Hawaii staff,
including Technician Alexandra Kelepolo, Deputy Corporation Counsel William Brilhante, and
Property Manager Ken Van Bergen, our task would have been much more challenging.
Thank you for your continued support for PONC funding, and for your time in considering our
recommendations.
Mahalo nui loa,
MARILYN L. NICHOLS N
Chair
Haivai'i County is an Equal Opportunity Provider and Employer
Commissioners: Gail Byrne Baber; Timothy DeLozier, Enock Freire; Searle Grace; Debbie Hecht,
Steven Hirakand, Wilma Matsumura; Marilyn Nicholson
County of Hawaii
Public Access, Open Space and Natural Resources Preservation Commission
2013 Annual Report to the Mayor
December 27, 2013
Introduction
The Hawaii County Public Access, Open Space, and Natural Resources Preservation
Commission (PONC) is submitting this 2013 Annual Report and Prioritized List to the Mayor
(Appendix 1) pursuant to Section 2-217 of the Hawaii County Code, 1983, 2005 Edition (Appendix
2).
The Commission is advisory to the Mayor and is responsible for annually submitting a
prioritized list of lands to be considered for acquisition. For information on acquisitions completed in
2013 please refer to the Summary of 2013 Acquisitions (Appendix 3). The Commission has also
compiled a report on the Status of all Properties on Past Prioritized Lists, providing detailed
information for each property (Appendix 4) and an Acquisition Status Report (Appendix 5) that
provides a list of properties that were acquired and includes the different funding sources used for each
acquisition.
Appendix 6 is a list of all properties that have been submitted since the inception of the
Commission. This list attests to the informed participation of community groups and individual
citizens interested in the preservation of our island's resources.
In 2012 Hawaii County voters approved two charter amendments which impacted this
Commission. The first charter amendment created by Article 10, Section 10-15, PONC Fund (FUND),
sets aside 2% of Hawaii County's property taxes each year to acquire properties as listed in the
amendment (Appendix 7). The second charter amendment which can be found in Article 10, Section
10-16, Public Access, Open Space, and Natural Resources Preservation Maintenance Fund (Appendix
8), provides funding for maintaining properties acquired by the FUND and contains a list of permitted
maintenance uses.
Included in this report is an appendix describing the Process for Property Acquisition
(Appendix 9) so that the public may be better informed as to how properties are acquired using the
FUND.
Commission Members
Marilyn Nicholson, Chair, District 6, (Term: December 31, 2011 - December 31, 2016)
Steven Hirakami, Vice -Chair, District 5, (Term: December 31, 2008 - December 31, 2013)
Timothy DeLozier, Commissioner, District 1, (Term: December 31, 2012 - December 31, 2017)
Wilma Matsumura, Commissioner, District 2, (Term: December 31, 2009 - December 31, 2014)
Searle Grace, Commissioner, District 3, (Term: December 31, 2008 - December 31, 2013)
Vacant, District 4 (Term: December 31, 2012 December 31, 2017)
Enock Freire, Commissioner, District 7, (Term: December 31, 2009 - December 31, 2014)
Debbie Hecht, Commissioner, District 8, (Term: December 31, 2010 - December 31, 2015)
Gail Byrne Baber, Commissioner, District 9, (Term: December 31, 2010 - December 31, 2015)
Page 1
Prioritized List
The 2013 Prioritized List is as follows:
Priority
Number Property Name with Tax Map Kevs
1. Vacationland Land Trust/Hara Property
2. Niuli`i
3. Hapu`u to Kapanai`a Cultural Corridor
4. Puapua` a
5. Mahukona
6.
Honoli`i Beach
7.
Lamaloloa
8.
Banyan Trees Park Area, Hawi Town Center
9.
Kukuipahu-Hd'ena Corridor
10.
White Sands Mauka
11.
Keawenui Easement
12.
HCC Farms, LLC (Conservation Easement)
13.
Lands adjacent to Ahalanui Park and the
Hot Pond
14.
Grassman Macadamia Nut Farm
(Conservation Easement)
15.
Manini Beach Park Project
(3) 1-4-02:22 & 51
(3) 5-2-01:20 & 25
(3) 5-2-07:04; 5-3-07:22,
23, 26, 28, 32, 33
(3) 7-5-20:24, 28, 34
(3) 5-7-02:11; 5-7-03:01,
02, 03, 07, 08, 10, 18
(3) 2-6-25:01
(3) 5-7-01:20
(3) 5-5-15:42
(3) 5-6-01:13, 16, 18, 42,
49, 50, 65, 89-103,
105-122
(3) 7-7-08:21 & 23
(3) 5-8-01:09
(3) 8-2-11:02 & 23
(3) 1-4-93:42 (formerly
1-4-02:75)
(3) 9-4-05:08
(3) 8-2-06:27 & 28
In developing its' 2013 Prioritized List, the Commission considered properties submitted on
the 2013 Suggestion Forms as well as written and public testimony related to those submissions. 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 1 for detailed descriptions and maps of these prioritized properties.
Status of Properties on Past Prioritized Lists and Acquisitions
Past prioritized lists were compiled in the Status of Properties on Past Prioritized Lists from
2006-2012 (see Appendix 4). The Commission recommends that properties from previous prioritized
lists continue to be pursued as far as possible unless: the County has already acquired the property; the
property no longer meets the criteria for inclusion (see Appendix 9); there are insufficient funds
available for acquisition; or the County Council has not passed a resolution that would allow the
property to be acquired.
In addition it may be of interest to note that Kaiholena (Lot F), which was prioritized by the
PONC in 2007 and 2009 and resoluted for purchase by the County Council in 2008, was purchased
without County funds through an effort led by the Kohala community in partnership with a community
based non-profit. The community noted that even though PONC funds were not used, having the
parcel ranked and resoluted assisted with securing other funding.
Page 2
Comprehensive List of Properties Submitted by the Public
The Comprehensive List (see Appendix 6) is a sequential listing by tax map key of all
properties submitted by the public since 2006.
Commission Meetings
Commission meetings dates and location for 2013 were:
January 14
Kona
July 8
Hilo
March 11
Hilo
September 9
Kona
May 13
Kona
November 12
Hilo
At each of these meetings the Commission welcomed testimony from the public. Interest in the
Commissions' work is evident through increased attendance and testimony by members of the public,
landowners and other interested parties. In addition to these meetings, commissioners presented
information on the program and the application process at various community meetings.
Suggestion Form
The Suggestion Form [revised January 14, 2013] (see Appendix 10) is available to the public
by request through the County Finance Department or on-line at the web -site below:
htlp://records. co.hawaii.hi.us/W eblink8/ 1/doc/6413 9/Electronic. aspx
The Commission considered properties identified on these forms that were submitted by the
public when creating the 2013 Prioritized List. A total of seventeen Suggestion Forms were received
from the public between July 1, 2012 and June 28, 2013 (see Appendix 11). Two were not assessed
since a resolution authorizing acquisition had already been approved by the Hawaii County Council.
Assessment Criteria Form
The Commission updated the Assessment Criteria Form [revised March 11, 2013] (see
Appendix 12). This Assessment Criteria Form was utilized to assess the suggestion forms received
during the aforementioned time period.
Commission and Community Recommendations and Concerns
The following is a listing of recommendations and concerns identified by the Commission:
➢ The Commission and the public suggest that the County expedite a formal funding process to
support community management plans and long term property maintenance.
➢ The commissioners will continue to seek education and training in all aspects of land
acquisition to better accomplish the Commissions' goals.
➢ The Commission encourages the public to re -nominate properties that do not have a current
County resolution or have not been purchased.
➢ The commissioners encourage the County to fill Commission vacancies in a timely manner.
Page 3
Next Steps
➢ Continue to schedule six Commission meetings alternating between Kona and Hilo in 2014.
➢ Consider scheduling 2014 meetings with Community Development Plan Steering Committees
to explain the process for property acquisition and the use of the FUND.
➢ Publicize the meeting schedule and encourage the public to submit or re -submit suggestion
forms and participate in the process.
➢ Continue to encourage potential partnerships with other governmental agencies, non-profit
organizations, and private entities for land/entitlement acquisitions.
➢ Identify partnerships with non-profit organizations, community groups, and volunteer
organizations to provide management for acquired properties.
➢ Expand commissioners' understanding of easements, land trusts and partnerships.
➢ Submit Annual Report and Prioritized List to the Mayor by December 31, 2014.
Appendices
1. 2013 Prioritized Properties
2. Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition)
3. Summary of 2013 Acquisitions
4. Status of Properties on Past Prioritized Lists from 2006-2012
5. Acquisition Status Report (as of 12/15/13)
6. Comprehensive List of Properties Submitted by the Public
7. Article 10, Section 10-15, Hawaii County Charter (2012 Edition)
8. Article 10, Section 10-16, Hawaii County Charter (2012 Edition)
9. Process for Property Acquisition with Funds from the PONC Fund
10. Suggestion Form (revised 1/14/2013)
11. 2013 List of Suggestion Forms Submitted by the Public
12. Assessment Criteria Form (revised 3/11/2013)
Page 4
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§ 2-210
HAWAI `I COUNTY CODE
Section 2-210. Expenditures from the disaster and emergency fund.
The moneys in the disaster and emergency fund shall be only utilized for the following purposes:
(1) To repair county facilities and infrastructure damaged by a natural or man -caused disaster or
emergency.
(2) To clean up property, including roads and sewage systems, damaged by a natural or man -caused
disaster or other emergencies when such action serves a public purpose.
(3) To provide immediate response for services to deal with public health and safety risks due to a
natural or man -caused disaster or emergency in the form of personnel, equipment, materials,
supplies, and service contracts.
(4) To match federal, state, and/or private grants-in-aid to develop or restore public property to a safe
and useable condition.
(5) To pay for operational expenses of the County after a disaster or emergency when the County is
unable to realize revenue at sufficient levels due to the disaster or emergency.
(6) To pay for administrative expenses, which shall not exceed five percent of this fund.
(2004, Ord. No. 04-4, sec. 2; Am. 2006, Ord. No. 06-98, sec. 2.)
Section 2-211. Dissolution of the fund.
The disaster and emergency fund shall not be dissolved unless such dissolution is approved by a
two-thirds vote of the County council.
(2004, Ord. No. 04-4, sec. 2.)
Section 2-212. Reimbursement from grants.
If the County should receive reimbursement for money advanced by the disaster and emergency fund, the
grant money shall return to the disaster and emergency fund.
(2004, Ord. No. 04-4, sec. 2.)
Section 2-213. Administration of the fund.
The director of finance shall administer the disaster and emergency fund, which shall include investment
of the fund.
(2004, Ord. No. 04-4, sec. 2.)
Article 42. Public Access, Open Space, and Natural Resources Preservation Fund
Section 2-214. Public access, open space, and natural resources preservation fund.
(a) A public access, open space, and natural resources preservation fund is hereby established. This special
fund shall be administered and managed by the finance department. Monies deposited shall be invested
in a conservative interest-bearing account that will allow monies to be available for property acquisition
and prevent any erosion of the fund's principal amount.
(b) The fund shall consist of monies from:
(1) The proceeds from the sale of any general obligation bonds, authorized and issued for the purposes
of this article;
(2) Council appropriations for the purposes of this article;
(3) Any source of revenue dedicated by the Hawaii County Charter or the Hawaii County Code for
the purposes of this article;
(4) Grants and private contributions intended for the purposes of this article;
SUPP.4 (7-2007) 2-64
ADMINISTRATION
§ 2-214
(5) Two percent of 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 `I COUNTY CODE
(k) The council shall act to confirm or reject any appointment made to the commission by the mayor within
forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm
or reject any such appointment within forty-five days, the appointee shall be deemed to have been
confirmed.
(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
COUNTY OF HAWAII
PUBLIC ACCESS, OPEN SPACE AND
NATURAL RESOURCES PRESERVATION COMMISSION (PONQ
SUMMARY OF 2013 ACQUISITIONS
Kaiholena (south parcels), North Kohala District
On June 28, 2013, the County of Hawaii
completed its seventh purchase utilizing funds
from the Public Access, Open Space and Natural
Resources Preservation Fund (FUND) for three
parcels (Tax Map Keys: (3) 5-8-01:21, 22 & 25)
totaling 76.615 acres.
The purchase was partially funded by a
$1,432,088.77 grant from the Department of
Land and Natural Resources, Legacy Land
Conservation Program (LLCP) with the balance
of $2,558,911.23 paid from the FUND.
Acquisition of these properties ensures that this area remains in open space as it contains some of
the most intact historic and cultural sites which are also identified in the County General Plan and
North Kohala Community Development Plan.
There are also traditionally used accesses to the
shoreline used by the public for subsistence
fishing and shoreline gathering.
These parcels are an addition to the adjacent
Kaiholena (north parcels) that were already
purchased by the County in 2010 leaving one
remaining parcel (TMK: (3) 5-8-01:23) to be
purchased by the Ala Kahakai Trail Association
with approximately $1,449,555.00 in LLCP grant
monies and the remainder through private
fundraising by the various Kohala community groups.
With this acquisition, the County now owns a total of 1031.8197 acres of land purchased with the
FUND and received a total of $5,598,838.77 in grant monies by leveraging funds with State and
Federal sources.
To ensure proper long term management and
responsible stewardship of these lands, the
County continues to work with members of the
public, community groups and/or government
agencies so that these lands are kept in open
space and preserved in perpetuity for
generations to come.
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County of Hawaii
Public Access, Open Space &
Natural Resources Preservation Commission
Acquisition Status Report
(as of 12/15/13)
Kahuku Coastal Property, Ka`u
TMK: 9-2-01:75
TOTAL GRANTS (PENDING)_ 1 $ 1,421,245.00
TOTAL GRANTS = 1 $ 7,020,083.77
2% FUND
AMOUNT
(actual - including closing
GRANTS AWARDED
FUNDED
costslescrowrefunds)
TOTAL
State of Hawaii, Dept. of Land & Natural
$ 621,245.00
$ 1,006,755.00
$ 2,428,000.00
State of Hawaii, Dept. of Land & Natural
$
1,214,750.00
$ 708,557.29
$ 1,923,307.29
Resources, Legacy Land Conservation Program
$ 800,000.00
value)
Kawa`a, Ka`u TMK:9-5-17:07
(estimate onlv)
State of Hawaii, Dept. of Land & Natural
$
945,000.00
$ 944,172.44
$ 1,889,172.44
Resources, Legacy Land Conservation Program
Pa`o`o, North Kohala TMK:5-7-01:05
State of Hawaii, Dept. of Land & Natural
$
1,500,000.00
$ 1,929,004.47
$ 3,936,004.47
Resources, Legacy Land Conservation Program
Federal, U.S. Fish & Wildlife, Recover Lands
$
507,000.00
Acquisition Grant
Kawa, Ka`u, TMK's:9-5-16:06 & 25; 9-5-17:05
Eummunuffim
State of Hawaii, Dept. of Land & Natural
$
1,432,088.77
$ 2,573,715.45
$ 4,005,804.22
Resources, Legacy Land Conservation Program
Kaiholena, North Kohala TMK:5-8-01:21, 22 & 25
TOTAL GRANTS (AWARDED) _
$
5,598,838.77
$ 6,155,449.65
$ 11,754,288.42
Kahuku Coastal Property, Ka`u
TMK: 9-2-01:75
TOTAL GRANTS (PENDING)_ 1 $ 1,421,245.00
TOTAL GRANTS = 1 $ 7,020,083.77
2% FUND
AMOUNT TO BE
(estimated - not
GRANTS PENDING
FUNDED
including closing costs)
TOTAL
State of Hawaii, Dept. of Land & Natural
$ 621,245.00
$ 1,006,755.00
$ 2,428,000.00
Resources, Legacy Land Conservation Program
(appraised
Federal, U.S. Fish & Wildlife, Recover Lands
$ 800,000.00
value)
Acouisition Grant
(estimate onlv)
Kahuku Coastal Property, Ka`u
TMK: 9-2-01:75
TOTAL GRANTS (PENDING)_ 1 $ 1,421,245.00
TOTAL GRANTS = 1 $ 7,020,083.77
District/Property/Tax Map Key
Zoning
Acreage
District
Totals
H5m5kua
1.804
Waipi`o =
4-8-04:06
Agricultural
1.804
North Kohala
238.84
Pa`o`o =
5-7-01:05
Agricultural
10.61
Kaiholena =
(north)
5-8-01:11
Agricultural
71.188
(north)
5-8-01:19
it44.030
(north)
5-8-01:20
it36.340
(south)
5-8-01:21
37.206
(south)
5-8-01:22
39.340
(north)
5-8-01:24
it0.057
(south)
5-8-01:25
it0.069
North Kona
6.0117
Kingman =
7-7-08:20
Hotel
1.3017
7-7-08:31
Agricultural
4.71
Ka`u
785.164
Kawa =
9-5-16:06
Conservation
81.303
9-5-16:25
it106.380
9-5-17:05
it
1 363.188
9-5-17:07
it
1 234.293
TOTAL ACREAGE ACQUIRED TO DATES 1 1031.8197
COUNTY OF HAWAII
PUBLIC ACCESS, OPEN SPACE AND
NATURAL RESOURCES PRESERVATION COMMISSION (PONC)
COMPREHENSIVE LIST OF PROPERTIES SUBMITTED BY THE PUBLIC
(DECEMBER 27, 2013)
PUNA Zone 1
Year Suggestion
[wr Form Submitted
IF
Tax Map Key(s)
Property(s)
2006
2007
2008
2009
2010
2011
2012
2013
2011
2012
2013
x
x
1-3-01:54, 74, 83, 84
Pahoa 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
1-3-45 & adjacent
parcels
Pualena Crater
(Railroad Avenue to Kapoho)
x
x
x
1-4-02:22, 51 & 88
Vacationlands Land Trust/Hara
Property
x
(About 250 yards up-
Mill Road Water Falls
1-4-02:51 & por. 88;
1-4-68:01, 04-20
Kapoho-Vacationland tide
pools
x
x
(Papa`ikou)
x
x
1-4-02:52
Cape Kumukahi Regional Park
2-1
Old Railroad Way (Honomu —
x
1-4-02:75
Lands adjacent to Ahalanui
Park and the Hot Pond
x
x
Pepe`ekeo)
x
x
1-4-03:03 & 37
Wai`ele
x
x
Mulier lands adjoining Kealoha
1-4-03:19 & 20
Honolulu Landing
Park
x
1-4-68:07 & 08
Vacationlands/Wai`opae
2-2-53:20
Hilo Bayfront Trails — (Lot to
x
1-4-68:33
Wai`opae/Vacationlands
connect to Waiakea Pond)
N/A
x
N/A
N/A
N/A
1-4-91
Green Lake, Green Mountain
x
2-6-12:23, 33; 2-6-14:01; Honoli`i
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
2011
2012
2013
x
Various
Hawaii Consolidated Railway
(Panaewa to Kapoho)
x
Zone 2 and 1
Hawaiian Consolidated
(Railroad Avenue to Kapoho)
x
(About 250 yards up-
Mill Road Water Falls
stream from Mill Beach)
(Papa`ikou)
x
2-1
Old Railroad Way (Honomu —
Pepe`ekeo)
x
x
2-1-16:02, 06
Mulier lands adjoining Kealoha
Park
x
2-2-53:20
Hilo Bayfront Trails — (Lot to
connect to Waiakea Pond)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
2-6-12:23, 33; 2-6-14:01; Honoli`i
2-6-26:03 & 04
(Although included on the Comprehensive List and considered, this
property did not originate from a Prioritized List from this Commission.
It was included due to the County Council's passing of Bill No. 06-150
approving its acquisition and Resolution No. 544-06 prioritizing it's
acquisition together with other authorized purchases utilizing the
Public Access, Open Space and Natural Resources Preservation Fund)
1
SOUTH HILO (Zone 2) (continued)
Year Suggestion
Form Submitted
Tax Map Key(s)
Property(s)
2006
2007
2008
2009
2010
2011
2012
2013
x
x
3-6-05:15
Ka`awali`i Gulch shoreline
x
3-7-01:03
Waipunalei
x
2-6-18:01
Pu`u O`o Ranch (Pi`ihonua)
x
x
2-6-25:01
Honoli`i Beach
x
x
2-7-04:118
Papa`ikou Mill Beach
x
x
2-7-09
Onomea Bay (surrounding
lands)
x
x
2-8-04:05
Hamakua Springs Agricultural
Conservation Easement
x
x
2-9-02:80; 3-1-01:01,
02, 03; 3-2-02
Hakalau Mill Site
NORTH HILO (Zone 3)
Year Suggestion
Form Submitted
2006 2007 2008 2009 2010 2011
2012 2013 Tax Map Key s
Property(s)
x
3-4-02:01 & 03
Maulua Gulch
x
x 3-4-02:04; 3-7-01:11
Maulua Gulch
x
3-6-05
Ka`awali`i Gulch
x
3-6-05:15
Ka`awali`i Gulch shoreline
x
3-7-01:03
Waipunalei
x
3-7-01:11
Maulua Nui
HAMAKUA (Zone 4)
Year Suggestion
Form Submitted
Tax Map Key(s)
Property(s)
2006
2007
2008
2009
2010
2011
2012
2013
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 Landing
x
x
4-4-05:11
Kahawaili`ili`i Gulch
x
4-4-15:02
Ka`ohe Palila Mitigation Area
x
4-5-02
Haina Landing aka Honoka`a
Landing and nearby areas
x
x
4-6-02:02
Kawela (Kamakamaka Point)
x
x
4-6-03:21
Malanahae aka Malanahae
Landing
x
x
4-7-03:01
Kapulena Landing (Opala House)
x
x
4-7-03:01
Springwater next to Kawaikalia
gulch
Z
HAMAKUA (Zone 4) (continued)
Year Suggestion
Form Submitted
Tax Map Key(s)
Property(s)
2006
2007
2008
2009
2010
2011
2012
2013
x
x
4-8-01:01, 04
Kukuihaele (Old Landing aka
Station & nearby areas)
x
4-8-04:06
Waipi`o Lookout Point
x
x
4-8-07:15
Kukuihaele (Old Quarry and
Breakwater)
NORTH KOHALA (Zone 5)
Year Suggestion
Form Submitted
Tax Map Ke s
Property(s)
2006
2007
2008
2009
2010
2011
2012
2013
x
Camp 5 between Kohala High
& Hawi Makai to the ocean
x
Ha`ena Point, North Kohala
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, Upolu Point,
Kauhola, Niuli`i)
x
Kapanai`a Bay
x
Kohala Lighthouse, Ka` chola Point
x
Various
North Kohala Coast Historic
and Cultural Corridor
x
Pololu & Pololu flats surrounding
access trail into the valley
X
Pololu Valley Lookout
x
Property makai of Kohala
Intermediate School
x
Queen's Bath — Mauka of
Halawa camp
x
5-1-04:29
Pololu Trail
x
5-2 (Niuli`i) to 5-5
(Puakea)
North Kohala, windward
shoreline (from Puakea Ranch
to Keokea Park)
x
5-2-01:14 & 16
Kupalaha Heiau (adjacent to
Keokea Beach Park)
x
x
5-2-01:20 & 25
Niuli`i
x
5-2-02:08 & 5-2-05:18
Kamehameha Pond (N. Kohala)
x
x
x
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
5-3-07:10
Halelua
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
3
NORTH KOHALA (Zone 5) (continued)
Year Suggestion
Form Submitted
Tax Map Key(s)
Property(s)
2006
2007
2008
2009
2010
2011
2012
2013
x
5-5-07:37
H6`ea Flat, North Kohala
x
x
5-5-15:42
Banyan Trees Park Area, Haw!
Town Center
x
x
5-6-01:74
Old Coast Guard Road to
Hono`ipu Landing
x
5-6-01:75
Kukuipahu Heiau
x
x
x
x
x
x
x
5-6-01:13, 16, 18, 42,
49, 50, 89-110,113,
118, 182, 185, 189-199
Kukuipahu-Ha`ena Corridor
x
x
x
5-7-01:05
Pa`o`o
x
x
x
5-7-01:11
Lapakahi State Historical Park
Area (Reish property)
X
x
5-7-01:20
Lamaloloa
x
x
5-7-01:20
Lapakahi State Historical Park
Area (Gordy property)
x
x
x
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)
x
x
x
x
x
x
5-8-01:09
Keawenui Access Easement
x
x
x
x
x
5-8-01:11; 5-8-01:19-23
Kaiholena
x
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
2011
2012
2013
x
Haleino Heiau, South Kohala
x
N/A
Sandalwood Conservation
Buffer Zone
x
Waimea Trail System
Inter -connections (S. Kohala)
x
6-2-02:06
Mau`umae Beach (Queen
Emma Estate coastal parcel)
x
6-4-01:60
Homestead Road Trail (S. Kohala)
x
6-4-02:137
White Road Trail
x
6-5 and 6-6
Waimea Trails & Greenways
X
6-5-01:20
Mkd`ula Battleground
x
6-5-01:20
Waimea Pu`u
x
6-6-01
Puak6-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 (S. Kohala)
x
6-8-01:01
South Kohala Regional Park
x
6-8-01:01
Waimea District Park
x
6-8-01:22
Puak6 Forest Project
El
NORTH KONA (Zone 7)
Year Suggestion
Form Submitted
Tax Map Key(s)
Property(s)
2006
2007
2008
2009
2010
2011
2012
2013
x
x
Judd Trail (Ali`i Dr. to
Mamalahoa Hwy.)
x
Kapalaoa coast at border of
North Kona & South Kohala
x
x
8-2-06:27 & 28
Wai`aha/Honl's
x
x
8-2-11:02 & 23
Wungs Ranch
x
x
Various
West Hawaii Railway
(Lanihau to Kalukalu)
x
Various
Alii Drive
x
7-1-02
Kiholo Bay
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
7-2-04
Makalawena
x
7-2-05
Mahai`ula to Hualalai
x
x
x
x
x
x
x
7-3-09:04 & 22
`O`oma II
x
7-4-20
Kealakehe Regional Park
x
IRoad-Kuakini
7-5
Kona and Ka`u Railway/West
Hawaii Railroad (Hualalai
Hwy. - Ono`uli)
x
x
x
7-5-20:22, 24, 28, 34
Puapua`a
x
7-6-15:23
Banyan's Beach
x
7-6-16:13
State of Hawaii Road
Remnant at Hale Halewai o
H6lualoa
x
x
7-6-16:32
H6lualoa Beach
x
7-7-04:12, 51, 52, 54
Kamoa Point
x
7-7-08:20,31,100
Lucile P. Kingman Trust
X
7-7-08:21 & 23
White Sands Mauka
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
2011
2012
2013
x
Kauleoli
x
Keopuka
x
8-2-06:27 & 28
Manini Beach Park Project
x
8-2-11:02 & 23
HCC Farms, LLC
x
8-2-15:01; 8-2-02:01
Takashiba Nut Farm in Cook's
Landing, Capt. Cook
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)
SOUTH KONA (Zone 8) (continued)
Year Suggestion
Tax Map Key(s)
Property(s)
Form Submitted
Tax Map Key(s)
Pro ert s
2006
2007
2008
2009
2010
2011
2012
2013
x
Below Hawaiian
Ranchos Subdivision
Multiple beaches below Ocean
View, Hawaii 96737
x
8-3-06
Ke`ei Beach
x
Punalu`u to Manuka Bay
x
8-7-12:01 & 03; 8-7-
North American Properties
9-1; 9-2; 9-3; 9-4; 9-
5 coastal lands
Ka`u Coast
01:06
(Ka`apana, Olelo Moana,
9-2-01:01
Pohue Beach
x
Ka` ohe)
9-2-01:72
x
8-7-08:02, 33 & 34
Waikaku`u Park — South Kona
x
9-2-01:75
Kahuku Coastal Property
X
8-8-01
South Kona Forest Reserve (Yee
x
9-2-01:75
Pohue Bay
x
Hop)
KA`U (Zone 9)
Year Suggestion
Form Submitted
Tax Map Key(s)
Property(s)
2006
2007
2008
2009
2010
2011
2012
2013
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
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
9-4-05:08
Grassman Macadamia Nut
Farm
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
9-5-11:01, 04, 05, 06;
9-5-12:01
Kaunamano, Ka`u
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
1
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 andpond)
11
KA`U (Zone 9) (continued)
Year Suggestion
Form Submitted
Tax Map Key(s)
Property(s)
2006
2007
2008
2009
2010
2011
2012
2013
x
9-8-02
Great Crack — Ka`u (southwest
rift of Kilauea volcano
x I I N/A I Hawaiian Kingdom
Section 10-15. Public Access, Open Space, and Natural Resources Preservation Fund.
(a) In adopting each fiscal year's operating budget, the council shall appropriate a minimum
of two percent of the certified real property tax revenues, including penalty and interest,
to a fund known as- the public access, open space, and natural resources preservation
fund. Deposits to the fund shall occur at a minimum, on a quarterly basis.
(b) Funding shall consist of a minimum of two percent of actual revenue received in the
fiscal year. Additional revenue may consist of grants and private contributions intended
for the purpose of this section, voluntary contributions of any amount as specified on the
real property tax bill, proceeds from the sale of general obligation bonds authorized and
issued for the purpose of this section, council appropriations for the purpose of this
section, and any other source of revenue.
(c) Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands and easements in the County of Hawaii for
public outdoor recreation and education, including:
(A) Access to beaches and mountains;
(B) Preservation of historic or culturally important land areas and sites;
(C) Protection of natural resources, significant habitat or eco -systems,
including buffer zones;
(D) Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
(E) Protection of watershed lands to preserve water quality and water supply.
(2) Pay the principal, interest and premium, if any, due with respect to bonds issued
in whole for the purpose of this fund.
(d) Any balance remaining in the fund at the end of any fiscal year shall not lapse, but shall
remain in the fund accumulating interest from year to year. The moneys in this fund shall
not be used for any purpose except those listed in this section.
(e) The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.
(f) This fund shall be used for acquisition of land and easements and shall not be used for
development, maintenance or for any purpose other than as provided in this section.
(g) The highest and best use of this fund is to leverage the money in the fund by attracting
matching funds, although, matching funds are not required in every purchase.
(h) Any land acquired with this fund shall contain the following restrictive covenant in its
recorded deed of conveyance: "This land was acquired with moneys from the Public
Access, Open Space, and Natural Resources Preservation Fund. It shall be held in
perpetuity for the use and enjoyment of the people of Hawaii County and may not be
sold, mortgaged, traded or transferred in any way."
(i) Any easement acquired with this fund shall contain the following restrictive covenant in
its recorded deed of conveyance: "This easement was acquired with moneys from the
Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in
perpetuity for the use and enjoyment of the people of Hawaii County and may not be
sold, mortgaged, traded or transferred in any way."
(2010, Prop. 1, sec. 1; 2012, Ord. No. 11-94, sec. 1.)
39
Section 10-16. Public Access, Open Space, and Natural Resources Preservation
Maintenance Fund.
(a) The purpose of the public access, open space, and natural resources preservation
maintenance fund is to accrue and use moneys for maintenance of lands and easements
acquired by the public access, open space, and natural resources preservation fund. The
maintenance fund will ensure that money is dedicated to preserve the land, promote
public safety, and maintain a healthy stewardship.
(b) Definitions. For the purpose of this section, the following definitions apply:
"Maintenance" means to preserve and conserve lands and easements acquired by
the public access, open space, and natural resources preservation fund and keep them in
good repair for public safety.
"Maintenance fund" means a separate fund that holds moneys directed from: 1)
the general fund and property tax revenues; or 2) designated grants, private contributions,
proceeds from the sale of general obligation bonds, council appropriations, and any other
source of revenue.
(c) There is established a public access, open space, and natural resources preservation
maintenance fund (hereinafter "maintenance fund"). The maintenance fund shall be
administered and managed by the department of parks and recreation. The financial
aspects of the maintenance fund shall be handled by the department of finance.
(d) Deposits due to the maintenance fund.
(1) In adopting each fiscal year's operating budget, the council shall appropriate one-
quarter of one per cent of all real property tax revenue (including interest and
penalties) to the maintenance fund. Deposits to the maintenance fund shall occur
on a quarterly basis at a minimum.
(2) Additional revenue deposited in the maintenance fund may consist of grants and
private contributions intended for the purpose of this section, proceeds from the
sale of general obligation bonds authorized and issued for the purpose of this
section, council appropriations for the purpose of this section, and any other
source of revenue.
(e) Accounting for the maintenance fund; interest bearing accounts; reporting by the
department of finance.
(1) All moneys in the maintenance fund shall be deposited in interest bearing
accounts until needed. Any interest shall accrue to the maintenance fund.
(2) Moneys in the maintenance fund shall be identified separately for:
(A) Funding received from the real property tax revenue including interest and
penalties; and
(B) Funding received from grants and private contributions, and any other
source of revenue, and its interest earned, which:
i. Shall be itemized and earmarked for specific projects for the lands
or easements.
ii. Shall not be subjected to the maximum accrual of funds limit
provided in subsection (f).
(3) Financial statements shall be posted each month on the public access, open space,
and natural resources preservation fund web site.
(f) Maximum accrual limit in maintenance fund; exemption to funding.
(1) Only moneys derived from real property tax revenue, its interest, and its penalties
shall be included in the computation of the maximum accrual limit for the
maintenance fund. All other moneys specifically directed to the maintenance
fund shall be held separately from those moneys in the maintenance fund that
originated from real property tax revenues (including interest and penalties), and
shall not be subjected to the maximum accrual limit.
(2) The maximum accrual limit shall not exceed $3,000,000.
(3) At the end of any fiscal year in which the maintenance fund holds unencumbered
funds derived from real property tax revenue (including interest and penalties) of
at least $3,000,000, any unencumbered amount in excess of that $3,000,000 shall
be permanently transferred to the general fund balance.
(4) Exemption to funding. If the maintenance fund holds $3,000,000 in
unencumbered funds derived from real property tax revenue (including interest
and penalties), then the council and the executive branch do not need to add more
money to the maintenance fund until the next budget cycle. This exemption shall
not release the administration from its mandatory duty to maintain and preserve
lands and easements acquired by the public access, open space, and natural
resources preservation fund in good repair for public safety each fiscal year.
(g) The maintenance fund shall be used solely for public safety maintenance and preservation
of those lands and easements acquired by the public access, open space, and natural
resources preservation fund, and may be used only for expenditures directly related to its
purpose. Expenditures by the administration or stewardship grants presumed to be
directly related are as follows:
(1) Reparation (fixing, mending, repair work, and servicing);
(2) Preservation (damage control, salvaging, safekeeping, and safeguarding);
(3) Conservation of soil, forests, shorelines, native wildlife, streams, wetlands,
watershed, and floodways;
(4) Restoration (replacement, reclamation, reconditioning, and remediation);
(5) Wildfire and fire prevention;
(6) Repair of existing buildings to meet the current code requirements, if the building
is deemed reasonable to save;
(7) Replacing signs to meet the current code requirements;
(8) Installation, repair, or replacement fencing and gate or access mechanisms;
(9) Installation or repair of cattle guards;
(10) Mitigation of flooding problems including repair or restoration of existing
culverts, drainage features, or other similar flood control mitigation;
(11) Archeological survey and buffering of Native Hawaiian historical or cultural sites
after appropriate consultation with Native Hawaiian descendants and cultural
practitioners;
(12) Biological studies for the protection of Native Hawaiian species of plants and
animals; or
(13) Mitigation of Americans with Disabilities Act compliance issues that may arise
during the course of public safety maintenance and preservation.
41
Moneys in the maintenance fund shall not be used for planning, design, development, or
construction of new buildings, facilities, or infrastructure including roads, paths, bridges,
culverts, ramps, or drainage features. Money in the maintenance fund shall also not be used for
mitigation of Americans with Disabilities Act compliance issues for any new buildings, facilities,
or infrastructure. Payment to resolve these aforementioned issues shall be from the capital
improvement projects budget or allotments derived from the general fund.
(h) Stewardship Grants. Moneys may also be used to provide grants-in-aid for projects,
which uses are reflected in subsection (g).
(1) An award of a stewardship grant shall be by council resolution. Stewardship
grants may be awarded only until moneys in the maintenance fund are
extinguished. Grants shall be awarded on the basis of ability of the stewardship
organization to complete the project on time and within cost estimates.
(2) Only 501(c)3 nonprofits or an organization that operates under the umbrella of a
501(c)3 nonprofit, and that can complete a project for the good of the community,
shall be considered for a stewardship grant.
(3) Public notice by the department of finance of the availability of the stewardship
grants shall be placed in two newspapers of general circulation, as well as
electronic media accessible by internet, by August 1 of each fiscal year provided
money is available. These advertisements shall be paid for from the maintenance
fund.
(4) To apply for a stewardship grant, a stewardship organization shall provide to the
department of parks and recreation the following:
(A) An application form obtained from department of parks and recreation
which is completed for each specific purpose or project;
(B) A detailed business plan for the project that includes the name of the
501(c)3 nonprofit organization, the organization that operates under the
umbrella of a 501(c)3 nonprofit organization, if any, a copy of its letter of
determination from the Internal Revenue Service, a copy of its bylaws and
mission statement, a description of the specific project, time frames for
project goals, costs, and activities to accomplish the stated purpose, and
any other information requested by the department of parks and recreation;
and
(C) A signed agreement to file a written report one year or less after receipt of
funds that includes details as to what has been accomplished on the
project, costs, and how the money was spent.
(5) No officer, board member, or employee of the 501(c)3 nonprofit organization or
the organization that operates under the umbrella of a 501(c)3 nonprofit
organization shall receive a salary or payment for labor or receive any
reimbursement for the stewardship work on the project. The 501(c)3 nonprofit
shall sign an agreement so stating these conditions and submit it with the
application.
(6) Mismanagement of moneys awarded for a stewardship grant shall bar the 501(c)3
nonprofit organization and the organization that operates under the umbrella of a
501(c)3 nonprofit organization from receiving future grants from the maintenance
fund.
42
(7) The director of the department of parks and recreation shall provide a short
written evaluation of the proposed project to the council and include a
recommendation about the applicant's ability to complete the project according to
the project plan.
(2012, Ord. No. 12-16, sec. 1.)
ARTICLE XI
INITIATIVE AND REFERENDUM
Section 11-1. Powers of Initiative and Referendum.
(a) The power of voters to propose ordinances or to amend existing ordinances shall be the
initiative power.
(b) The power of voters to approve or reject ordinances by election shall be the referendum
power.
(2008, Ord. No. 08-80, sec. 2.)
Section 11-2. Definitions.
As used in this article, unless the context otherwise requires:
"Ballot Question" means an interrogative statement that plainly phrases the chief purpose
of the initiative or referendum so that an affirmative response corresponds to a "yes" vote.
"Ballot summary" means a concise, impartial explanation of the measure and its major
effects.
"Ballot title" means a brief phrase identifying the subject of the initiative or referendum.
"Circulators" means adults who circulate copies of the petition among registered voters
for signature.
"Clerk" means the clerk of the Hawaii County Council.
"Committee" means the petitioners' committee formed pursuant to section 11-3.
"Petition form" means a petition without voter signatures and other voter identifying
information.
"Petition or signed petition" means the petition form containing the voters' signatures and
other voter identifying information, the ballot title, ballot question, and ballot summary.
(2008, Ord. No. 08-80, sec. 2.)
Section 11-3. Petitioners' Committee.
For each initiative or referendum petition there shall be a petitioners' committee
representing all the petitioners, which committee shall be composed of five members who shall
be qualified voters of the county and signers of the petition. The committee shall be responsible
for circulation of the petition and for assembling and filing the petition in proper form. There
shall be a committee chair who will be responsible for sending and receiving all communications
between the clerk and the committee. The committee shall have the power to amend or withdraw
the petition as provided in this charter.
(2008, Ord. No. 08-80, sec. 2.)
Section 11-4. Initiative and Referendum Process
(a) The clerk shall provide the committee with a sample petition form upon request.
(b) Prior to circulating an initiative or referendum petition, the committee shall give notice to
the clerk of the following:
43
Process for Property Acquisition with Funds from the Public Access,
Open Space and Natural Resources Preservation Fund
Each year approximately $4 million is deposited into the Public Access, Open Space and Natural
Resources Preservation Fund (FUND) pursuant to Chapter 2, Article 42, Section 2-214 of the Hawaii County
Code, 1983, 2005 Edition and Article X, Section 10-15 of the Hawaii County Charter. These funds are 2% of
all real property tax revenues, including penalties and interest collected by Hawaii County each year.
1. The public may submit suggestion forms to the Public Access, Open Space and Natural Resources
Preservation Commission (PONC). PONC suggestion forms may be found on-line at:
http://records.co.hawaii.hi.us/Weblink8/l/doc/64139/Electronic.aspx and are due on or before the last
business day of June each year. Suggestion forms received after this date will be considered by the
Commission the following year. The Commission reviews all suggestion forms, including additional
information submitted i.e. pictures, maps, testimony from local residents, archaeological information,
real estate listings, land surveys, etc. and also welcomes public testimony at PONC meetings.
2. The Commission prioritizes a list of properties from the suggestion forms that were submitted for that
year, compiles all information, creates the Prioritized List of Properties and submits an Annual Report to
the Mayor each year by December 31St. Annual Reports to the Mayor may be found on-line at:
htlp://records. co.hawaii.hi.us/Weblink8/Browse. aspx? dbid= l &startid= l 3 770
3. Once a property is ranked on the list, a member of the Hawaii County Council may submit a resolution
to authorize the Director of Finance to proceed with negotiations for acquisition. Community members
are welcome to advocate for this resolution. Once the County Council approves a resolution to acquire
the property, the Commission will no longer consider the property for future prioritized lists.
4. The Department of Finance, Property Management Division (PMD) may or may not open negotiations
to purchase the property. Factors affecting this decision could be: if there is a willing seller, if there is a
community group that is willing to manage the property, if there are matching funds or if there are other
properties that are higher priorities for acquisition.
5. The County is more likely to acquire properties that have commitments for matching funds. Matching
funds maximize the purchasing power of the FUND. The best use of FUND monies is to be used for
dollar for dollar matching funds. The party who submitted the suggestion form will work with the PMD
and/or Council Member to seek matching funds. To date, matching funds have been obtained from U.S.
Fish and Wildlife Service (USF&W), Recovery Lands Acquisition Program (for endangered species)
and the State of Hawaii, Legacy Land Conservation Program (LLCP). Sources for other matching
funds could possibly be obtained from Office of Hawaiian Affairs for cultural sites and from the Federal
Emergency Management Administration for flood plain or flood prone lands.
Additional Information:
Article X, Section 10-15 of the Hawaii County Charter stipulates what lands may be purchased with these
funds: (see excerpt from section below)
(a) Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands or property entitlements in the County of Hawaii for
public outdoor recreation and education, including:
(A) Access to beaches and mountains;
1
(B) Preservation of historic or culturally important land areas and sites;
(C) Protection of natural resources, significant habitat or eco -systems including buffer
zones;
(D) Preservation of forests, beaches, coastal areas, natural beauty and agricultural
lands; and
(E) Protection of watershed lands to preserve water quality and water supply.
Expenditures for PONC Acquisitions
http://records.co.hawaii.hi.us/WebLink8/DocView.aspx?id=65627&dbid=l This report shows that the County
of Hawaii has spent $22,446,480 to obtain land in Hawaii County for public use. $16,847,641 was used from
the FUND; the remaining amount was obtained from matching funds (USF&W & LLCP).
The Public Access, Open Space and Natural Resources Preservation Maintenance Fund: Procedures are
currently being developed by Parks & Recreation to allow community groups to apply for funds to assist the
County with stewardship and maintenance of properties purchased with the FUND.
2
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:
� Provide (as Attachment A) a TMK map with the property boundaries and/or proposed access outlined or
highlighted.
❑Puna ❑S. Hilo ❑N. Hilo ❑Hamakua ❑N. Kohala ❑S. Kohala
❑N. Kona ❑S. Kona ❑Ka`u
Landowner(s):
Purpose of suggested site (for public acquisition) or project (please check those that apply)
❑ 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. In addition, please identify community organizations
or individuals that could be contacted for further information about this proposed acquisition or project.
(Attachment D) — Provide verification of community organizations or individuals who are willing to be
part of the long-term management /maintenance of this property.
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 1114113) Page 1 of 2
1) How would the general public benefit from this proposed acquisition or project?
2) Describe any significant historic, cultural or natural resources on the property.
3) Describe level of urgency (i.e. is property currently on the market/for how long, has an active
re-zoning/subdivision application been filed, high public use, etc.)
4) Describe any special opportunities for acquisition that presently exist (i.e. special funding available,
landowner willing to participate in process, etc.)
5) Has partnering with other government agencies, private or nonprofit entities to leverage resources
been identified? ❑No ❑Unknown ❑Yes If yes, please describe.
6) Is the property or property easements (i.e. public access easements, agricultural easements, etc.)
available for acquisition? ❑INo ❑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 Aupuni Street, Suite 1101
Hilo, Hawaii 96720-4252
E-mail: akelepolo@hawaiicognty.gov
For further information contact: Alexandra Kelepolo at (808) 961-8069
E-mail: akelepolo@hawaiicount og_v
For online information go to: http://records.co.hawaii.hi.us/Weblink8/Browse.aspx?dbid=l&startid=13770
SUGGESTIONS FOR THE CURRENT YEAR ARE DUE ON OR BY THE LAST BUSINESS DAY OF JUNE
FOR OFFICE USE ONLY:
Attachments: ❑ A ❑ B ❑ C ❑ D ❑ E ❑ Other
(Revised 1/14/13) Page 2 of 2
COUNTY OF HAWAII
PUBLIC ACCESS, OPEN SPACE AND
NATURAL RESOURCES PRESERVATION COMMISSION (PONC)
2013 LIST OF SUGGESTION FORMS
SUBMITTED BY THE PUBLIC
Tax Map Key(s)
Property(s)
PONC
Communication
No.
Date
Received
PUNA
1-4-02:22 & 51
Vacationland Land Trust/Hara
Property
13-015
5/20/13
1-4-02:75
Lands adjacent to Ahalanui
Park and the Hot Pond
13-008
3/07/13
SOUTH HILO
2-6-25:01
Honoli`i Beach
13-006
2/04/13
NORTH KOHALA
5-2-01:20 & 25
Niuli`i
13-021
6/21/13
5-2-07:04; 5-3-07:22,
23, 26, 28, 32 & 33
Hapu`u to Kapanai`a Cultural
Corridor
13-019
6/21/13
5-5-15:42
Banyan Trees Park Area, Hdwi
Town Center
13-027
6/28/13
5-6-01:13, 16, 18, 42,
49, 50, 65, 89-103,
105-122
Kukuipahu-Ha`ena Corridor
13-018
6/21/13
5-7-01:20
Lamaloloa
13-024
6/28/13
5-7-02:11; 5-7-03:01,
02, 03, 07, 08, 10, 18
Mdhukona
13-017
6/21/13
5-8-01:09
Keawenui Easement
13-020
6/21/13
NORTH KONA
7-3-09:04 & 22
`O`oma 11— North Kona
13-014
5/6/13
13-016
6/19/13
7-5-20:24, 28 & 34
Puapua`a
13-023
6/27/13
7-7-08:21 & 23
White Sands Mauka
13-022
6/26/13
SOUTH KONA
8-2-06:27 & 28
Manini Beach Park Project
13-009
3/15/13
8-2-11:02 & 23
HCC Farms, LLC
13-025
6/28/13
KA`U
9-4-05:08
Grassman Macadamia Nut
Farm
13-026
6/28/13
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 E]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
significance
special Opportunity for Acquisition and Management
Assessed By:
❑ Preservation of forests,
beaches, coastal areas, natural
beauty, and agricultural lands
❑ Protection of watershed lands
to preserve water quality and
water supply
Criteria 1
Criteria 2
Criteria 3
Final Score
Date:
SCORES
(Revised 3/11/13) Page I of 3
CRITERIA SCORING: 0 = Does not meet criteria
1 = Unknown (needs more assessment/research)
2 = Somewhat (site only partially meets criteria)
3 = Meets criteria
4 = Exceeds criteria
Criteria 1: Assesses whether the land or property entitlements meets the purposes of
Public Access, Open Space & Natural Resources Preservation Fund pursuant to Chapter 2,
Article 42 of the Hawaii County Code 1983 (2005 Edition).
(Revised 3/11/13) Page 2 of 3
A. 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.
B. 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 could be made available.
C. 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.
D. 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.
E. 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 20 Criteria 1
(Revised 3/11/13) 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 16 Criteria 2
Criteria 3: Assesses whether the property or property easements could be acquired using
the Public Access, Open Space & Natural Resources Preservation Fund and/or other
means.
A. Level of community support based upon additional testimony, letters of support
and/or suggestion forms received for property.
B. Identified management/maintenance partners.
C. Benefit to the general public.
D. Reported urgency.
Total 16 Criteria 2
Criteria 3: Assesses whether the property or property easements could be acquired using
the Public Access, Open Space & Natural Resources Preservation Fund and/or other
means.
Total 12 Criteria 3
(Revised 3/11/13) Page 3 of 3
A. 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.).
B. Partnering with other government agencies, private or nonprofit entities to
leverage resources has been identified.
C. Property or property easements are available for acquisition.
Total 12 Criteria 3
(Revised 3/11/13) Page 3 of 3