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HomeMy WebLinkAboutCOM 0844.000 2020-2022 Mitchell D.RothMaurice C. Messina Mayor °: 3 Director Michelle Malia Hiraishi Countp of ' , deputy Director DEPARTMENT OF PARKS AND RECREATION 101 Pauahi Street,Suite 6 e Hilo,Hawaii 96720 (808)961-8311 @ Fax(808)961-8411 Email: parks recreation(a7hawaiicounty.gov http://www.hawaiicounty.gov/parks-and-recreation/ June 3, 2022 Honorable Maile David, Chairwoman and Members of the Hawaii County Council County of Hawaii . 25 Aupuni Street, Suite 1402 Hilo, Hawaii 96720 Subject: Department of Parks andRecreation's Evaluation of Applications for 2021 Public Access, Open Space, and Natural Resources Stewardship Grants Dear Chairwoman David and Members of the Hawaii County Council: The Department of Parks and Recreation ["DPR"] received nine applications for stewardship grants associated with the Public Access, Open Space and Natural Resources Preservation ["PONC"] Maintenance Fund ["Fund"] and reviewed the recommendations provided by the Public Access, Open Space, and Natural Resources Preservation Commission ["Commission"]. Due to DPR's role in managing the County's COVID-19 pandemic response and other priorities, DPR was not able to review the applications and submit its recommendations earlier. The Hawaii County Charter was amended via the November 3, 2020 election and, of significance here, the sections governing the PONC preservation fund and PONC maintenance fund were modified accordingly. Of specific note, the responsibility for evaluating and recommending grant applications was transferred from DPR to the Department of Finance ["Finance"]. Because these grants were submitted prior to November 3, 2020 and to ensure a smooth transition to Finance, DPR committed to performing the initial reviews and evaluations for each grant application and providing recommendations consistent with past practices, but to the revised Charter language. As such and in accordance with Hawaii County's Charter(2020) §10-16(h)(8), please find DPR's written evaluations and recommendations for the stewardship grant applications submitted for calendar year 2021. To establish the basis of our evaluations, please accept the following premises: Hawaii County's Charter (2020) Section 10-16, subsections (a) and (b) establish that the maintenance fund shall be used to preserve, conserve and keep in good repair for public safety all POMC lands with a focus on preserving land, promoting public safety and maintaining healthy stewardships. Further, subsection (g) states"[t]he maintenance fund shall be used solely for public safety maintenance and preservation of those lands acquired by the public access, open space and natural resources (PONC) preservation fund and shall be used only for expenditures directed related to [the maintenance fund's] purpose." It then sets forth 17 specific criteria upon which expenditures, including stewardship grants, may be presumed to be directly related thereto. Section 10-16, subsection (h) reinforces the requirement that moneys from the PONC maintenance fund must reflect the criteria stated in subsection (g). These points are essential to keep in mind collectively in determining the appropriateness and eligibility of any proposed stewardship action(s). The evaluations provided are not an opinion as to the overall merits, importance, necessity, or significance of any or all the proposed stewardship actions. Instead, they are an assessment of the Comm No. County of Hawaii is an Equal Opportunity Provider and Employer. n ea To---- em. Dcste Honorable Maile David, Chairwoman and Members of the Hawai'i County Council June 3, 2022 Page 2 content of the grant applications relative to their perceived eligibility pursuant to DPR's understanding of the applicable language of the County Charter, especially those referenced in the preceding paragraph. The recommendations provided are based on DPR's evaluation/assessment of the grant applications as well as our understanding of the County's management responsibilities and the best practices considerations for the corresponding PONC lands. Each application was reviewed independently, and care taken to ensure that applications were not compared to, or pitted against, one another. Please accept the following submitted in no particular order: j 3 3 Organization: Friends of Amy B.H. Greenwell Ethnobotanical Garden (" H ") POMC Land: (3)8- -013:002, 003, 014; 014:043; and 015:059 [Gardens] Conservation Easement& Public Access; Acquired 2019 Amount Requested: $191,609 (Total Project Cost: $279,326) s3 FABHGEG's proposal, as we understand it, consists of the following objectives: 1. Plant preservation, restoration, mapping and maintenance at parcels 013:002, 013:003, and 013:013. 2. Restoration of various buildings at parcels 013:002, 013:003, and 013:014to include driveway/access improvements, conversion of existing cesspool to an approved IWS, conversion of Amy Greenwell's former home to an education and caretaker's facility, and tenting treatment of all facilities for termites. i 3. Provision of COVID-19 PPE, cleaning supplies and monthly contracted cleaning services for uses associated with parcels 013:002, 013:003, and 013:014; funding of general liability policy premiums and contracted accounting/bookkeeping services for FABHGEG for all 5 parcels. 4. Fencing at parcels 013:002, 013:003 and 014:043 for various purposes that include, but are I not limited to demarcation of property lines, public safety, trespass prevention, establishing i varying levels of access at certain areas, and feral pig control/exclusion. Review of FABHGEG's objectives, as presented in its business plan, project description and budget details informed the following assessments: 1. Objective#1 appears to qualify under criteria (3), (4) and (16). 2. Objective#2 appears to qualify under criteria (1), (6), (10) and (12). 3 3. Objective#3 does not appear to qualify under any of the prescriptive criteria with the exception of the contracted monthly janitorial services that would qualify under criterion (10). The purchase of masks and gloves, cleaning supplies and hand sanitizer are not directly related to the maintenance and preservation of the lands or easements as required by the Charter or County Code. 4. Objective#4 appears to qualify under criteria (1), (2), (3) and (8). Given the above, it is my recommendation that the Friends of Amy B. H. Greenwell Ethnobotanical Gardens will be able to complete the entirety of its proposed project, except for the reservations noted in #3 above, in accordance with the project description submitted and in adherence to the conditions governing the PONC Maintenance Fund. ;i i 1 i (This space intentionally left blank—continued on next pag 3 County of Hawai'i is an Equal Opportunity Provider and Employer. =i 3 �i I i Honorable Maile David, Chairwoman and Members of the Hawaii County Council June 3, 2022 Page 3 Organization: Ho`o ales a'Q ("H ") POC Land: (3)9-5-012:005 [Kana ` lohia] Acquired ,2016 Amount Requested: $16,150.00 (Total Project Cost: $34,579.76) HK's proposal, as we understand it, consists of the following objectives: 1. Mow and maintain pasture grass on a regular basis throughout the year. Expand pasture grass (up to entirety of 10-acre playing field area) under maintenance, as resources allow. 2. Coordinate community stewardship programs and grounds maintenance to clear loose rocks and remove former ranching materials left behind trim fence lines and maintain cultural practice areas, eradicate Christmas berry bushes and other invasive and undesirable vegetation. 3. Facilitate opportunities for education and community partnerships (PONC funds not requested) by partnering with local school groups and supporting virtual learning when project based learning is not possible. 4. Prepare the lands for cultural uses and annual Makahiki events by implementing a landscaping plan using native Hawaiian species coupled with other tasks (that specifically will not utilize PONC funds). Review of HK's objectives, as presented in its business plan, project description and budget details informed the following assessments: 1. Objectives#1 and#2 appear to qualify under criteria (1), (2), (3) and (4). 2. Objective#3 specifically excludes PONC maintenance funding request. 3. Objective#4 includes various specific scopes, most of which specifically exclude PONC maintenance funding. The portion that does not specifically exclude POMC funding appears to qualify under criteria (3) and (4). Given the above, it is our recommendation that Ho`omalu Ka`u will be able to complete its project in accordance with the project description submitted and in strict adherence to the conditions governing the PONC maintenance fund. (This space intentionally left blank—continued on next I)aq County of Hawaii is an Equal Opportunity Provider and Employer. Honorable Maile David, Chairwoman and Members of the Hawaii County Council June 3, 2022 Page 4 Organization: Na Mamo 0 Kawa (" ") POC Land: (3)9-5-016:006 &025; 017:005& 007 [ `a/Kawa°a y]Acquired 2008 Amount Requested: $123,500(Total Project Cost: $201,000) NMOK's proposal, as we understand it, consists of the following objectives: 1. Execute the Native Dryland and Coastal Preservation Plan; identify, obtain and propagate native flora; plant, monitor and post signage around native flora; and involve local schools in all of the aforementioned efforts. 2. Execute the Cultural Site Monitoring Plan with lineal descendants, cultural practitioners, archaeologists and stakeholders and conduct"lonoikamakahiki rain ceremonies"with community members, lineal descendants, and cultural practitioners. 3. Maintain access and safety of property by updating and servicing security equipment; contracting qualified local maintenance services; ensuring security and sanitation of property; maintain access points, trails, roads and recreational areas; and reporting illegal activities and violations to authorities. 4. Execute Freshwater Spring Preservation Plan; continue out-planting of native plants along banks of the springs to control erosion; measure spring discharge and monitor water quality/salinity; and monitor native aquatic resources. 5. Execute wildlife monitoring protocols (green sea and hawksbill turtles, Hawaiian hoary bats, monk seals, and shorebirds activities; initiate a coastal and nearshore marine fishery and monitoring program; implementing a pest management protocol to control invasive rodents, ungulates, and cats. Review of NMOK's objectives, as presented in its business plan, project description and budget details informed the following assessments: 1. Objective#1 appears to qualify under criteria (2) and (3). 2. Objective#2 appears to qualify under the presumptive criteria. 3. Objective#3 appears to qualify under criteria (1), (2), (3), and (4). 4. Objective#4 appears to qualify under criteria (2), (3) and (4). 5. Objective#5 appears to qualify under criteria (2) and (3). Given the above, it is my recommendation that Na Mamo O Kawa will be able to complete its project in accordance with the project description submitted and in strict adherence to the conditions governing the PONC Maintenance Fund. County of Hawaii is an Equal Opportunity Provider and Employer. Honorable Maile David, Chairwoman and Members of the Hawai'i County Council June 3, 2022 Page 5 Organization: Na Maka Haloa O ai i`o ("N ") PC Land: T (3)1- -008:097 [Pohoiki] Acquired 2015 Amount Requested: $119,900(Total Project Cost: $189,900) NMHOW's proposal, as we understand it, consists of the following objectives: 1. Provide educational opportunities through partnerships to aid in future sustainability of resources for the Puna community. 2. Provide an informational platform for visitors to learn about the history of the area and best practices for the area's environmental wellness. 3. Collect data and analyze environmental resources of the Pohoiki area. Review of H 's objectives, as presented in its business plan, project description and budget details informed the following assessments: 1. Objective#1 does not appear to qualify under any of the presumptive criteria. While we understand that education is a key component in the successful preservation of PONC resources, it is unclear in NMHOW's project description how this objective relates directly to the maintenance of Pohoiki. It appears that this objective is intending to develop and implement a use of the POMC land for purposes extending beyond this specific site as opposed to truly being a stewardship activity for Pohoiki. 2. Objective#2 appears to qualify under criterion (2). 3. Objective#3 appears to qualify under criteria (3) and (16). Given the above, with the exception of Objective#1 as discussed above, it is my recommendation that Na Maka Haloa O Waipi'o will be able to complete its project in accordance with the project description submitted, and in strict adherence to the conditions governing the POMC Maintenance Fund. [This space intentionally left blank—continued on next pager County of Hawaii is an Equal Opportunity Provider and Employer. Honorable Maile David, Chairwoman and Members of the Hawaii County Council June 3, 2022 Page 6 Organization: Kohanaiki 'Ohana (" ") POMC Land: (3)7-3-009:004 [`O'oa Lands]Acquired 2013 Amount Requested: $24,880 (Total Project Cost: $44,880) KO's proposal, as I understand it, consists of the following objectives: 1. Collect seeds and propagate various native plants for proposed ongoing and future out- planting projects for beach erosion mitigation at the `O`oma Lands. 2. Maintain and protect native plants through installation of signage, protective barriers, and removal of inaysive/alien plants. 3. Enhancement of both entryways to beach/shoreline area. Review of KO's objectives, as presented in its business plan, project description and budget details informed the following assessments: 1. Objective#1 appears to qualify under criteria (2), (3) and (4). 2. Objective#2 appears to qualify under criteria (2) and (3). 3. Objective#3 appears to qualify under criterion (13). Given the above, it is my recommendation that Kohanaiki `Ohana will be able to complete its project in accordance with the project description submitted and in strict adherence to the conditions governing the PONC Maintenance Fund. i i (This space intentionally left blank—continued on next papej County of Hawai'i is an Equal Opportunity Provider and Employer. Honorable Maile David, Chairwoman and Members of the Hawaii County Council June 3, 2022 Page 7 Organization: North Kohala Community Resource Center(" C C") PONC Land: (3)5-3-007:022 [ au`u] Acquired 2018 Amount Requested: $37,690 (Total Project Cost: $48,662) NKCRC's proposal, as we understand it, consists of the following objectives: 1. Develop and erect interpretive signs to educate the public about Hapu'u's historical significance. 2. Implement repairs to pasture fencing for more effective management of the land. 3. Restoration of Hale of KA'ili Heiau's protective fencing. 4. Implement pedestrian access improvements for persons to access easements through the property. Review of KCC's objectives, as presented in its business plan, project description and budget details informed the following assessments: 1. Objective#1 appears to qualify under criteria (1), (2) and (7). 2. Objective#2 appears to qualify under criteria (1), (2) and (8). 3. Objective#3 appears to qualify under criteria (1), (2) and (8). 4. Objective#4 appears to qualify under criteria (2) and (13). Given the above, it is my recommendation that North Kohala Community Resource Center will be able to complete its entire proposed project in accordance with its project description and in strict adherence to the conditions governing the PONC Maintenance Fund. /This space intentionally left blank—continued on next page County of Hawaii is an Equal Opportunity Provider and Employer. Honorable Maile David, Chairwoman and Members of the Hawaii County Council June 3, 2022 Page 8 Organization: North Kohala Community Resource Center(" C C") PONC Land: (3)5- -001:005 [Paolo]Acquired 2010 Amount Requested: $37,690 (Total Project Cost: $48,662) i NKCRC's proposal, as we understand it, consists of the following objectives: 1. Conduct community-based supplemental archaeological work in pursuit of the development of a preservation plan for Pao`o. I 2. Perform outreach to increase community stewardship actions through the installation of interpretive signs, continuation of the involvement of local students in identifying and prioritizing stewardship actions, and development of a PSA to guide people's actions when visiting Pao`o (the PSA is specifically excluded from grant funding). 3. Wildfire mitigation through kiawe tree pruning, weed-whacking grasses and groundcovers, and removing wood fuel from site. i Review of NKCRCs objectives, as presented in its business plan, project description and budget details informed the following assessments: 1. Objective#1 appears to qualify under criterion (15). I 2. Objective#2 appears to qualify under criteria (1), (2) and (8). 3. Objective#3 appears to qualify under criterion (5). Given the above, it is my recommendation that North Kohala Community Resource Center will be able to complete its entire proposed project in accordance with its project description and in strict adherence to the conditions governing the PONC Maintenance Fund. 'I (This space intentionally left blank—continued on next Pagel 1 I I ( LI i i County of Howai'i is an Equal Opportunity Provider and Employer. f Honorable Maile David, Chairwoman and Members of the Hawaii County Council June 3, 2022 Page 9 Organization: North Kohala Community Resource Center(" KC C") PONC Land: (3)5-8-001:011, 019-022, 024 and 025 [Kiholna]Acquired 2010 & 2013 Amount Requested: $64,042 (Total Project Cost: $87,262) NKCRC's proposal, as I understand it, consists of the following objectives: 1. Conduct community-based supplemental archaeological work in pursuit of the development of a preservation plan for Pao`o. 2. Perform outreach to increase community stewardship actions through the installation of interpretive signs, continuation of the involvement of local students in identifying and prioritizing stewardship actions, and development of a PSR to guide people's actions when visiting Pao'o (the PSA is specifically excluded from grant funding). 3. Wildfire mitigation through kiawe tree pruning, weed-whacking grasses and groundcovers, and removing wood fuel from site. Review of NKCRC's objectives, as presented in its business plan, project description and budget details informed the following assessments: 1. Objective#1 appears to qualify under criterion (15). 2. Objective#2 appears to qualify under criteria (1), (2) and (8). 3. Objective#3 appears to qualify under criterion (5). Given the above, it is our recommendation that North Kohala Community Resource Center will be able to complete its entire proposed project in accordance with its project description and in strict adherence to the conditions governing the POMC Maintenance Fund. (This space intentionally left blank—continued on next Pagel County of Hawaii is an Equal Opportunity Provider and Employer. Honorable Maile David, Chairwoman and Members of the Hawaii County Council June 3, 2022 Page 10 t s Thank you for the opportunity to submit our recommendations. I Respect Pey au ice C. Mess' a� /Dir ctor Encls: Friends of Amy B.H. Greenwell Ethnobotanical Garden (Gardens) Ho'omalu Ka'u (Kahua Olohu) Na Mamo O Kawa(Kawa'a/Kawa'a Bay) Na Maka Haloa O Waipi'o(Pohoiki) Kohanaiki'Ghana('O'oma Lands) North Kohala Community Resource Center(Hapu'u) North Kohala Community Resource Center(Pao'o) North Kohala Community Resource Center(Kaiholena) Cc: Finance Director, Deanna Sako (w/o enclosures) Friends of Amy B.H. Greenwell Ethnobotanical Garden (w/o enclosures) Ho'omalu Ka'u (w/o enclosures) Na Mamo O Kawa(w/o enclosures) Na Maka Haloa O Waipi'o(w/o enclosures) Kohanaiki'Ghana(w/o enclosures) North Kohala Community Resource Center(w/o enclosures) North Kohala Community Resource Center(w/o enclosures) North Kohala Community Resource Center(w/o enclosures) i 4 1 i f II County of Hawaii is an Equal Opportunity Provider and Employer. Department of Parks & Recreation Aupuni Center 101 Pauahi Street, Suite 6 Hilo, HI 96720 Telephone: (808) 961-8311 PONC STEWARDSHIP GRANT REQUEST A. NAME AND ADDRESS OF ORGANIZATION: Friends of Amy B.H. Greenwell Ethnobotanical Garden PO Box 1053 Captain Cook, Hawaii 96704 B. REQUIRED DOCUMENTS: Please see back of application for these documents X Non-profit (501(c)(3), IRS letter of determination X Copy of organization bylaws and mission statement X DCCA Certificate of Vendor Compliance C. PERSON TO CONTACT: Janet Britt Phone No: 808-769-4343 Mobile: 808-937-1694 EmailAddress: _Janetbritt50@gmail.com____________________________________________________________ D. PROJECT PERIOD: January 1, 2021 to December 31, 2021 E. PROJECT AREA: Amy Greenwell Ethnobotanical Garden in Captain Cook, HI includes TMK (3) 8-2-013-002 (Visitor Center); (3) 8-2-013-003 (Lowland Dry Forest and Educational and Caretaker Building-Amy Greenwell's former home); (3) 8-2- 013-014 (Upland Forest and Maintenance/Nursery Complex); (3) 8-2-014-043 (Upper Mauka, undeveloped); (3) 8-2-015-059 (Pa'ikapahu Heiau) F. PROJECT COST Applicant share: $ 44,169 Other resources: $ 43,95 Amount requested: $ 191,609 Total Project Cost: $279,32 6 G. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of his/her knowledge. NAME OF AUTHORIZED OFFICIAL: TITLE OFAUTHORIZED OFFICIAL: 12,E5 I ELL V I C F C61-R 4 SIGNED: ` t� ' ` j DATE: �G /,; 502 Who to contact with any questions? Janet Britt, 808-769-4343; 808-937-1694; Janetbritt50Cc-gmail.com Maile Melrose, Friends Board President, 808-987-0394; mellokep—hawaiisr.com; Rose Schilt, Friends Board Member; 808-366-6428; ieffrose.alohagmail.com Include Map of Maintenance Area. See below DEPARTMENT OF PARKS & RECREATION Page 2 A _ IL �Y I 0 LL r U 3 r'-. t c� •� �r�" � � d' fir'' � 'V ',✓(�i`�Ft" .`7M1 f !1 d et C!" 4 43 { LL LL CD a � �'; � LL f;' 'a v M O v � O LO Q _0 O O Q 2 m EL Ln c R L, v `" o LL S.J' s y 9 , yy,, n3 u N W e ,� c a '1 d c6 00 0 d Y O � % v dcm7 aaaau u Q VI J ® s v 00 iD 4L C� (o H _ _0U_ G $ � O v = ' (> 16-+ u i11 O t0 d S 00 uw OLO CL ate-+ �' d ♦ N G W a M O N .. 0 N - � N v v V p (6 C O LL > 0 2 a a N i CD v M Y Q1v C? n3 v ]� -0 _0 00 v Q 1- �N R r u a u Qn3 m m "� . ..w u a �k a) Q o v m o u o s_ +-' O N O tl0 N 00 -0 Y v 75 v v a) •i V u v v (0 U Q Figure 3. Amy Greenwell Ethnobotanioal Garden Community Forest LEGEND Features Forest Zones Major Trees and Shrubs AG EG Conn rnunity Forest 0 info Panels Wao Lipo Koa Parcel 1 -Visitor Center bffica&Greenhause ( :.t Forest Zone) �_ oh is Parcel 2-Low6and Dry Forest Buildings Mala Parcel 3-Upland Forest ® Visitor Center (Agesty Zone) Large Trees(othe-sF DeveloprnentlHousirg Lots or Wao Lama Kukvi SuGckvision Paved Parking' (Dry Forest Zone) �. Driveway C-000rNJR Major Roads Pathway Kahakai t* Shrubs (Coastal Zone) J rrr� Parcel3 T.. office and r, greenhouse cV- Maintenance& baiidngs nurserycomplex . Y Parcel 2 i a.. Parcell MUIU-p'�utpcfse AraGreenviell's / Oiskoc- former home i Cerd YC ` N 0 125 250 500 Feet DEPARTMENT OF PARKS & RECREATION Page 5 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application): See Attached Plan DEPARTMENT OF PARKS & RECREATION Page 6 I. BUSINESS PLAN After four years of closure, the Friends of Amy B. H. Greenwell Ethnobotanical Garden (the Friends) are eager to move forward with the educational, ethnobotanical, historical and cultural programs that made the Garden one of the most popular visitor destinations in South Kona. The overall goal of our Business Plan and Proposal is to reinvigorate the Garden. To do that, the Garden requires undertaking major restoration, repairs, and maintenance. The Garden is a true ethnobotanical garden that contains a curated collection of native, rare, endangered, and Polynesian-introduced plants. Along with the plant collection, the Garden is well-known for its community-based activities that are held on site, such as hula dancing demonstrations and classes, weaving, poi pounding, carving, etc. The physical, biological, and human resources associated with the Garden will allow for rural development through direct support of farmers and other rural businesses, through the training and education of youth and adults, and through direct workforce development programs conducted through partnerships. The Farmer's Market is still being held every Sunday, allowing vendors from around the island to display and sell their edibles and crafts, for musicians to entertain the public, and for various service organizations to be available to the public, such as low-cost veterinarians. As soon as the Covid-19 pandemic allows us to meet together again, the Friends plan to re-engage the community with economic opportunities and private events; we will directly distribute agricultural materials in the form of plants and crop varieties to farmers, resorts, other nurseries, and will be open for special events. Although in-person school is not being held this fall, the Friends eventually hope to engage Hawai'i Island's young people in education, training, and workforce development including partnerships with organizations such as Alu Like; Hawaii Youth Conservation Corps; Pacific Internship Programs for Exploring Science; the Forest TEAM; and Juvenile Detention Facilities to train and promote higher level employment opportunities for rural youth. The Hua O Ke Ao youth gardening program provides `aina-based education to K-12. The University of Hawai'i Sea Grant College Program (Hawai'i Sea Grant) has been a partner in the Hua O Ke Ao program for the past five years, providing science-based curriculum and educational resources to students and their families. In the past, Hawai'i Sea Grant partnered with the Amy Greenwell Ethnobotanical Garden to participate in the Hawaii Island School Garden Network (HISGN). The Friends also plan to engage more adults in continuing education and workforce training, primarily focused on agricultural workforce skill sets (i.e. grafting, taro farming, etc.). 7 Finally, the garden has the plant resources that include over 250 unique Hawaiian plant species and a significant Hawaiian crop germplasm that includes some cultivars of taro, sugarcane, bananas, sweet potato, kava, and breadfruit. The Garden is a member of the Center for Plant Conservation (CPD), a network of botanical gardens which oversees a national collection of rare and endangered plants of the Unites States. These rare plants are brought into protective cultivation and storage to serve as a backstop against extinction and as a resource for research and reintroduction. The core of the Garden was the recipient of a Grant from the USDA's Forest Service Community Forest Program that assisted the Friends to purchase the property. The Garden has been designated as the first Community Forest in the Pacific. In fact, this Grant was the first of this kind to be awarded to the State of Hawai'i and we are very thankful for the support we have received from the USDA Forest Service (see flyer at the end of this section). After years of barely keeping our precious plants alive, we need to revitalize the Garden as shown on Figure 3 in the maps section. Several zones depicted on the map have a need either for restoration of the existing plants; replacement of plants lost during 4 years of closure prior to Friends' purchase; a need fencing to prevent pig damage and for security; the area may need nutrient support, pruning, moving or replanting in different areas, etc. To accomplish these tasks, the Garden needs fertilizer, plant chemicals, irrigation supplies, a working zero-turn mower, and weed eaters, to name just a few of the items. In order to accomplish the goals that Amy Greenwell envisioned when she gave the land to Bishop Museum, as well as to expand on her dreams of establishing a landscape where scientists, students, community members and visitor alike may learn from and enjoy, we need to undertake several urgent restorations, repairs and maintenance projects. The Friends have no staff, but the Museum under new leadership is entering into a partnership with us, and now provides `life support' for maintenance in the equivalent of one FTE. Work proposed will be contracted and done in partnership. As listed in this applications' "Project" section and detailed in the Budgets, the repairs and restorations are grouped into these major areas listed below: 1 . Plant Preservation, Restoration, Mapping, and Maintenance 2. Restoration of Educational, Caretaker and Maintenance Buildings 3. COVID-19 and Other Safety and Contractual Operations 4. Fencing: New and Repair of some existing fencing 8 The Project Description expands on each of the areas listed above, describing in detail the plans and costs. The Mapping and Inventory of existing plant records is a long-over due task that will take the thirty years of data records and integrate these old records with new ones into an ArcGIS platform. Once this major undertaking is accomplished, these invaluable records can be analyzed spatially and mapped so that landscape planning, scientific research and historical trends can be detected. A contract for a part-time horticulturist who can assist with maintenance and help begin the arduous task of computerizing the thirty years of records and integrating these with the old computerized records is part of this request. Equipment and Supplies: After four long years of barely making ends meet, the basic gardening supplies and equipment are in serious disrepair. Irrigations systems no longer work; the mower and weed eaters are so old that parts are no longer made; basic yard chemicals and nutrients need to be purchased. With the heavy rainfall we have received this year, the need for a working mower is urgent, but the cost of purchasing a new 48-inch zero turn mower is cost prohibitive. We have researched leasing a mower in Kailua-Kona and found that the cost is moderate and repairs would be the responsibility of the company owning the mower. Restoration of Educational, Caretaker and Maintenance Buildings: Once Amy's home has been restored and re-purposed, the Friends will have a residence for an on-site caretaker who is tasked with providing security to the Garden as well as assisting with the landscape activities. A portion of this home will be renovated for use for public presentations, classes in ethnobotany, children's education, plant identification, history of the Garden, etc. The home can also be used as housing for student interns and visiting scientists. Tenting of all three building complexes is in the budget, but costs are not being requested from PONC, but from other resources. Promoting Public Safety: Although we all dream of the time when our world will be back to "normal", it appears that the Covid-19 Virus will be with us for the foreseeable future. In order to make our Garden as safe for visitors, volunteers and others as possible, we would like to PPE and cleaning supplies. Appropriate signs for visitors regarding social distancing, mask wearing, etc. should be placed in several areas around the Garden. The Garden personnel will strictly follow State and National Guidelines on appropriate response to the Covid-19 virus. Fencing: Pigs are a constant problem not only in the Garden, but in surrounding areas and without proper fencing, the Friends have no way to deal with the pig problem. There are several areas in the Garden proper that need pig fencing, including around Amy Greenwell's residence; along one boundary of the Visitor Center; and the entire 9 Upper Mauka parcel above the Garden. Pig eradication will be an on-going issue, but the first step in solving the issue is appropriate fencing. The Friends Board of Directors and the many volunteer members who have kept the Garden going since January 2016 are thrilled to have this opportunity to apply for funding for the restorations and repairs listed above. We envision a time when we can have school children in Amy's old home learning about the history of the Hawaiian people who brought with them so many of the foods we still enjoy today. We envision scientists and students who can utilize the mapping and plant inventory system to help them understand relationships between different species and ecosystems. The GIS system will also be used in the future to continue mapping the archaeological excavations that will take place around the Garden. We look forward to the time when we can invite our local community and our non-resident visitors alike to learn about the historical portions of the Garden such as the Kona Field System and the Pa'ikapahu Heiau which are both listed on the State Historic Register. We hope to see hundreds of school children hiking the trails, participating in plant projects and enjoying our Community Forest. We anticipate hosting festivals, such as the Grow Hawaiian Festival held in February, where craftsman, artisans, chefs, weavers, dancers, musicians, and community farmers can come together to visit, learn and enjoy being a part of this great adventure we call the Amy B.H. Greenwell Ethnobotanical Garden. 10 AMY B.H . GREENWELL ETHNOBOTANICAL GARDEN COMMUNITY FOREST M This purchase represents a remarkable group effort.When the garden closed,our Friends organization sprang into existence, determined to open the Garden's gates once more." MAILE MELROSE,PRESIDENT OF FRIENDS OF AMY B. H.GREENWELL ETHNOBOTANICAL GARDEN The Amy B H. Greenwell Ethnobotanical Garden (AGEC) will be re-opening as a community forest purchased with grants from county, state, private foundations, and federal programs including: State of Hawaii's Legacy Land Conservation Program, U.S_D.A_ Forest Service Community Forest Program, Hawaii County Public Access, Open Space and Natural Resources Preservation Commission. The Friends of Amy B.H. Creenwell Ethnobotanical Garden, a non-profit organization,has purchased the property and plans to manage it for the benefit of the community. The ACFG Community Forest is a living treasure located in the historic town of Captain Cook, Hawaii Island. The AGEG was operated for 40 years by Bishop Museum and was closed in 2016. When it re-opens in 2020, this 11.8 acre community forest will highlight over 250 native and Polynesian-introduced tree and plant species/varieties. This site has been a staple in the local community for decades as a cultural landmark full of rich history, cultural, and botanical wonders. Now, with its expanded function as a community forest, it will serve as a hub for sharing cultural knowledge of Hawaii s native plants, trees, and ethnobotany. The community will be invited to provide input on the draft management plan through the AGEG website and a community open house. Left.-An 'Ulu or breadfruit tree,a stapic food and example of agroforestry;Right View of tree canopy from property tour 11 Left:Surveying Native Trees with AGEG Manager Peter Van Dyke,Right Kona Field System-agricultural archeological site Forestry and Conservation •, , COMMUNITY FOREST. `" The AGEG Community Forest mirrors a traditional Hawaiian `�l ahl with a heavily forested upland zone, agricultural zone, PROGRAM ` open dry forest, and coastal zone. Native species such as 'Ohi'a This program provides financial assistance to local lehua, koa, mamaki, loulu,and maile create an opportunity for people governments and qualified non-profit organizations to acquire private lands threatened to experience an authentic Hawaiian landscape. by conversion to non-forest uses. Agroforestry Lands must be at least five acres in size and AGEG features a world-class collection of kalo, banana varieties, ko, 75 percent forested. wauke,'ulu, and heirloom Hawaiian cultivars used for food and fiber. • Public access is required. Archeological sites include the remnants of the traditional • Full fee title acquisition is required. Conservation easements are not eligible. agriculture features known as the Kona Field Systeme described by The program pays up to 50% of the project the National Register of Historic Places as "the most monumental costs with a 50%non-federal match. work of the ancient Hawaiians". This system fueled sustainable Lands are managed with a community resource management and created a flourishing agricultural forest plan to provide economic benefits, clean water, wildlife habitat, educational economy even in the face of frequent droughts and lack of access opportunities, and public access for to freshwater, recreation. Community Benefits The Community Forest will restore public access and facilitate opportunitiesfor cultural events, education, and recreation. Educational opportunities with school gardening programs will - foster 'aina or land based learning for K-12 students. These opportunities will expand to college and post graduate studies for archeological and botanical research. In addition, the AGEG s nursery program will be revived for plant restoration and rehabilitation of native species with opportunities for community sales and plant propagation workshops. Above:Kalo or Taro plant Community members can participate in volunteer workdays at the garden every Saturday from 9 am.to noon. For updated information on events,garden re-opening,management plans,and community opportunities please visit www.am reenwell ardet, The Department of Land and Natural Resources �_'' V`"�� In accordance with federal law and USDA policy,this institution Is Division of Forestry and Wildlife(DOFAW) prohibited from discriminating on the basis of race,color,national origin, sex age or disability. Not all prohibited basis apply to all programs. Community Forest Program " To file a complaint of discrimination write USDA,Director,Office of https.,//dinr.hawaii.gw/forestry/Inp/community-forest-progmm/ Ill Civil Rights,Room 326-W,Whitten Building,1400 Independence Avenue,SW,Washington,D.C.20 250-9 41 0 or call(202)720-5964 DOFAW IS AN EQUAL OPPORTUNITY PROVIDERQ1W (voice and TDD) USDA is an equal opportunity provider and employer' i,aa,ma+�a ,naW Pao+�:t72z/zazo 12 II, PROJECT DESCRIPTION A. Location of Project: Amy B.H. Greenwell Ethnobotanical Garden property located in Captain Cook, at 82-6160 Hawaii Belt Road, (east of Highway 1 1 ) TMK (3)8-2-013-002 (Visitor Center); (3) 8-2-013- 003 (Amy's Historic Home: now Educational and Caretaker Building); (3) 8-2-013-014 (Maintenance and Nursery Complex); (3) 8-2-014-043 (Mauka Parcel, undeveloped); (3) 8-2-015-059 (Pa'ikapahu Heiau) B. Number of Persons Who Will Benefit: Several thousand visitors came to the Garden prior to closure in 2016. After the current Covid-19 lock down is over, we plan to again attract school children on learning expeditions; scientists and college students who come to study the plants, ecosystems and the archaeological sites; cultural practitioners who use our plants for weaving, medicine, as a food source, for carving and other cultural activities; local community members and visitors from around the world who enjoy our educational presentations on history and culture, attend musical and hula events and our classes in Master Gardening and ethnobotany. Visitors continue to enjoy the very popular Pure Kona Green Farmer's Market, hosted at the Garden every Sunday. Artisans, crafts people, farmers offering their fresh produce, musicians, and service groups such as a veterinarian set up their booths. The public will continue to use the Garden as a place to walk among the forest and plants to be spiritually and emotionally renewed. C. Project Description (Give a brief description of the work that will be done with the funds requested, including a timeframe and activities to accomplish stated purpose. Additional pages may be attached): See Attached Sheets for Description of Project DEPARTMENT OF PARKS & RECREATION Page 13 II. C. PROJECT DESCRIPTION The Friends of Amy B. H. Greenwell Ethnobotanical Garden (the Friends) are honored to be able to submit our first proposal to the County of Hawaii's Department of Parks and Recreation. Without the funding from several major providers, including commitments from Hawai'i County's Public Access, Open Space, and Natural Resource Commission (PONC), the Friends' dream of owning the Garden may not have been achieved this soon. The long-term goal of the Friends is to restore and revitalize the Garden and the programs that made it so successful prior to being closed in 2016. With only one staff member (Bishop Museum) left to do the work that many did prior to closure, it was all that one person could do to keep the native plants thriving and the weeds mowed. Thankfully, the Garden has always had a dedicated core of volunteers to water plants during drought, to weed during years of heavy rainfall, and to ensure that the Garden's mission of perpetuating Native Hawaiian cultural traditions of land use and conserving the irreplaceable plants present at the Garden never diminished. Our volunteers worked thousands of hours over the four years, coming together regularly on weekends to do the work of staff the Garden no longer had. We owe a big Mahalo to those dedicated members who kept the Garden going during those difficult years. Our vision of the future includes providing a place for Hawaii's native plant species to grow and thrive; ensuring a place for recreation, education, scientific research; and offering a spiritual and cultural retreat to connect to nature. We especially need this connection now with the global Covid-19 pandemic is isolating us from friends and family. With deep gratitude to the Public Access, Open Space, and Natural Resources Commission (PONC) and many other major funders, the Friends completed the purchase of the Garden on November 19, 2019. Now we the Friends, as owners of this land are in a position to undertake the major restorations, repairs, and land maintenance that was neglected for years. The Friends' Board of Directors has carefully reviewed the areas in the Garden that have the most pressing need of immediate attention. These are outlined below with cost totals. The Budget and the breakouts of each Budget Category have more detailed cost figures. 14 1. PLANT PRESERVATION, RESTORATION, MAPPING, AND MAINTENANCE Plant Mapping (Parcels 1, 2, and 3): The Garden has always collected information on each plant species that grows here, but the thirty years-worth of records are not usable because they are either kept as a paper record or have been entered into a computer system that is archaic. Technology has vastly improved over the past several years and the computer systems now used can store the plant data that has been collected so it can be used for the Garden as well as scientists and researchers around the world. Updating the computer system at the Garden is an urgent need, and we have a matching grant from Mosaic of up to $4,000 (noted in our budget) that will fund the purchase of an appropriate laptop (that also can be used in the Nursery or Visitor's center), as well as providing internet access in Garden areas. The GIS system which is a spatial analysis database program, will be used to analyze various factors about each plant species using a comprehensive set of analytical methods and spatial algorithms. The analysis can help uncover hidden patterns and improve predictive modeling. Locations of plant species can be mapped that will help distinguish spatial patterns in the data so better decisions on landscape activities can be made before taking action. GIS allows the user the ability to create, use, and share maps and to sort the data in multiple configurations to support plant research, landscape planning, and public presentations. To accomplish this project, the Garden needs to create GIS maps of plant locations that will include not only where that plant is located in the Garden but also information on plant condition, age, history, etc. The GIS technology will be used for new out-plantings and can provide landscape maps of the Garden showing each habitat area's location and the plants that grow in that particular area (lowland plants, dry-land forest plants, agricultural cultivars, rare/threatened plants, upper elevation forest, etc.). Currently, the Garden has older GIS/CAD maps that will be eventually merged with the ones being created by the new GIS platform. To accomplish this huge task, we propose to hire a contract horticulturist (see below) to assist the Garden manager, who is competent in GIS mapping for this year long project. The Garden will benefit in terms of increased management of plan maintenance, plant conservation, and the ability to continue biological studies of Hawaiian plants. 15 Contract Horticulturist: In supporting the need for a sophisticated mapping system like GIS, the Friends propose to contract with a part-time horticulturist (two days/wk) who would assist with Garden maintenance as well as plant mapping, and with integrating the old data records with the new ones; with compiling the thirty plus years of information that has not been computerized; with monitoring of out-plantings; tracking endangered/threatened species; finding what plants have gone missing after four years of closure; and working to replace missing plants while conserving the collection and assisting with Nursery support. Amount Requested for Contract Horticulturist: $22,464 Equipment and Supplies: Even before the Garden closed in 2016, the equipment required to maintain the plants, the nursery, the sprinkler systems, the greenhouses, and the landscaping was in poor repair. Since the Museum had the Garden listed for sale, it was struggling financially and the equipment was not in good repair. Thus, there is now an urgent need for supplies, such as fuel, fertilizer, irrigation parts, landscape equipment including weed eaters, tractors, and mowing equipment. Supplies that are needed include fuel, fertilizer, irrigation parts, office supplies, weed eater (the one they use now is over ten years old and doesn't work well), insecticide, potting soil, and small garden tools. The used tractor and mower were purchased new in 2002 and are still in use. The tractor still works but needs constant repair. The rear-mounted mower is long past its useful life. The manufacturer no longer makes parts for it so when it breaks down (frequently!), it requires loading the mower and taking it to a welder— a time frame of a week or more lost when the grass needed mowing. The longer the wait, the higher the grass grows, so mowing is that much more difficult. A new mower is over $13,000, so leasing a mower when needed would be an appropriate expenditure and save money and time. Small equipment and Supplies: $ 4.573 Annual amount needed to repair tractor: $ 1,920 Annual lease of zero turn 48" mower: $ 6,292 Applicant Share and Other Resources: Section IV.A.1 details the Friends' Volunteers, a tropical agricultural professor (University of Hawai'i) volunteer and Garden Manager (Bishop Museum) value of match for work in this section. TOTAL AMOUNT REQUESTED: $35,249 16 2. RESTORATION OF EDUCATIONAL AND CARETAKER BUILDING Parcel 1 . One of the priorities for the Friends is restoration of Amy Greenwell's historic home (Figures 4, 5). Amy built the residence in 1953 and lived there with her precious pug dogs until her untimely death in 1974. Shortly before her passing, the home was made handicapped-accessible. The home has been in continual use since Amy's death. Student interns conducting studies in ethnobotany have lived here during their internship and Bishop Museum staff have used the home as a residence on a short-term basis. After 67 years of use, the home requires substantial repairs to bring it up to modern standards and current code. The home is now being re-purposed as a residence for an on-site caretaker/security person, and as a Multi-use program space for Garden-related activities. Through a generous donation from Eugene and Meredith Clapp, current work is being done on plumbing and electrical (certified contractors) and will be completed this year, so we are mentioning but not listing this as match. Due to the increase in homeless persons in the area, we need a caretaker to be on site for the safety of visitors and for the protection of the facility. The Friends also plan to use part of the residence as an on-site educational classroom where students can participate in special classes on ethnobotany, plant identification, and where children's activities can be held. Visitors will be able to see orientation or other Garden video presentations and this home will provide an area to display special exhibits that we have from time to time. The following are the most urgent restoration projects and repairs that this Educational and Caretaker Building needs now: A. Re-roofing with corrugated metal roofing, replacing gutters and downspouts. Included with the bid to complete the roof is the repair of damaged wood purloins and facia. Estimate: $35,000.00 B. The existing cesspool is to be replaced with an up-to-code Septic System (Figure 5). Sadly, many of the homes in this area still have a cesspool which drains into the ocean 1 .05 miles to the west. Kealakekua Bay has been listed for the last eight years on the EPA Impaired Waters List which is often a factor of cesspool drainage into the ocean. Estimate: $26,000, including the $4,000 cost of the engineer to design and Permit the new system and leach field. 17 �,�`�•,� Tit � ,� ..r��i r .• `�t w i t• � n r ' 7 .. d 'G�� �r Y-y-w IA .��M1F 4{� •, a T. It ' Y4 ow • _ e M °� 1 •s v Figure 4. Parcel 2. This Lowland Dry Forest parcel also contains Amy Greenwell's original home, planned for restoration (see next Figure). Over the decades, this home has been used as a caretakers' residence, science fieldwork station and program facility. (TMK 8-2-013-003). DEPARTMENT OF PARKS & RECREATION Page 18 / VA-Y GREENWELL ETNN080TANlCAL GARDEN 17,820 ACRES T_K: (3)d-2-073:003 IMPROVEMENT ARCA S HISTORIC HOUSE AND YARD (SEE EXHISlr C-3) 33,4ei SQ.ET. 4 }% 0 s r IMPROVEMENT AREA A V751TOR5 CENTER Em,p 50,A SO. I i Hogwire Fence IMPROVEMENT AREA B HISTORIC HOUSE AND YARD Metol Cate 1� --�� (SEE EXHIBIT C-3) .'� �"s. `tip. '"""—' �- •� -561 ��� �.� ti __�---- � J3,481 SO. FT .�`�,,�D -`?��, � . . _ Sfor�ewall.--- ante___`f•�� ��� Ca6�l�afe�— -- an.Conc(ete Pad LG J25,59'51.00 Shed_.- CRM- k Legend4400,83.50 mss• `'� v Gfi -s•. „S Existing rock wall LOT .3—@ New chain link fence New hog wire fence ay�A � 37*10'47.00 Gate ? Hogwire Fence - Replace cesspool with new �S S i h Septic System `• •� Figure 5. Parcel 2 (Improvement Area B, Conservation Easement). Added Legend shows project areas. Rock wall is low. Chain link fence (blue) will protect program area, especially with children due to steep topography there and to the north. New hog wire (green) surrounds new Septic System and leach field, which will replace cesspool there. The northern half of the building will be public, with indoor/outdoor program spaces, kitchen, educational room, and one bedroom/bath for a researcher or intern; the southern half will be for caretaker. Hog wire fencing will exclude pigs recently coming up from across the highway. (TMK 8-2-013:003). DEPARTMENT OF PARKS & RECREATION Page 19 C. Driveway Entrance: The current sloping driveway to the house lot is very difficult to see and be seen, so a slight adjustment in its location needs to be completed for the safety of ingress-egress to the residence. A base of gravel will be added to improve the slippery conditions. Estimate: $ 8,000 D. Paint: The exterior and interior of the residence needs safeguarding through repainting as the paint is peeling and in poor condition. The residence is constructed of redwood and has been inspected by a structural engineer who found the "bones" of the home in good repair. Restoration of this historic home where Amy Greenwell lived will result in a multi-use facility that is an asset to the community and the Garden. Termite damage occurred, so tenting of the residence was recently completed. We show this as `other resources' match in our budget detail. Exterior Painting Estimate: $7,000 Interior Painting Estimate: $10,120 E. Replace non-function sliding glass doors, windows, and termite damaged wooden floors throughout the residence. Estimate: $ 4,500 F. Flooring: Linoleum flooring is damaged throughout the residence and needs to be removed and replaced. Estimate: $ 7,750 G. Kitchen Cabinets and Counters: The existing cabinets have been in the home since it was built. They are in poor condition and have substantial termite damage. Similarly, the Formica counter tops are in disrepair and need to be replaced. Estimate: $ 9,750 Parcels 1 and 3. As part of restoration and stabilization efforts, tenting is proposed for the Visitor Center (Parcel 1) and the Maintenance/Office/Nursery Complex (Figure 3). We are seeking other resources to fund this, and tenting for active termites is a match, not an amount requested. Applicant Share and Other Resources: Section IV.A.2 details the Friends Volunteer (retired Professional Contractor); and Garden Manager (Bishop Museum) value of matches to this work. TOTAL AMOUNT REQUESTED: $112,120 20 3. COVID-19 AND PROMOTING PUBLIC SAFETY AND CONTRACTUAL OPERATIONS Parcels 1 , 2, and 3. Because of the viral pandemic, COVID-19 related safety and sanitation supplies are needed for volunteers, workers and the public. The Kona Green Market is held at the Garden on Sundays and the public has access to the rest rooms while the Market is taking place. Additionally, the Garden is also open on Sunday for public access. We are requesting assistance to purchase basic supplies (masks, gloves, cleaning supplies and hand sanitizer) and to contract with a janitorial contracted service for one deep-clean per month. As is happening now, our volunteers clean restrooms regularly. Signage on physical distancing, the required wearing of masks, and hand washing are being placed in appropriate areas. Docents will be given instruction on how to promote safe practices at the Garden, depending on the current rules put in place by the State and the County. Masks, gloves, cleaning supplies, and hand sanitizer will be available to the public when they visit, so having a ready supply of these items is now part of the required items the Garden must have on hand to accommodate the public. All Parcels. We are requesting assistance to cover our liability insurance, which is a safety and protection stewardship issue for the Garden and the County. We also request funding for contract assistance both for bookkeeping throughout the project, along with final report preparation. These are both essential to project accountability. Significant volunteer resources assist with all aspects of the above. Applicant Share and Other Resources: Section IV.A.3 details the Friends Volunteers and Garden Manager (Bishop Museum) value of matches to this work. TOTAL AMOUNT REQUESTED: $13,570 21 4. FENCING Fencing: Pigs are a serious problem in the Garden because they dig around the roots of plants, often killing the entire plant. To the pig, it makes no difference that the plant they are killing is one of the last plants of that species in the world. It just tastes good. Parcel 1 . Repair and replacing current fencing on the southern boundary of the Garden by the Visitor's Center is needed to prevent trespass, provide security for this high-activity area, and exclude pigs. (Figure 6, below) Parcel 2. We plan to fence around the former Amy Greenwell residence and along Mamalahoa Highway to prevent pigs from coming in. Due to the steep drop-off to Highway 11 on the west side of the house, a chain-link fence is needed for children's and public safety, as this is planned to be a program and activity area, with a coastal view. Fencing is also planned around the proposed Septic System and leach field, which also creates a private yard space for the eventual caretaker. (see Figure 5) Parcel 4. Pig damage is a constant problem with the mauka lot, which has never been fenced. Also, this parcel, yet to be developed, is being encroached upon by neighbors and needs maintenance. The lot is covered with tall guinea grass which is especially abundant during rainy season. Once fenced, any animals trapped inside would be caught and given to pig farmers who volunteer with the Garden. The property boundary will be surveyed prior to fencing, and a gate installed (Figure 7, below). Applicant Share and Other Resources: Section IV.A.4 details the Friends Volunteers and Garden Manager (Bishop Museum) value of matches to this work. TOTAL AMOUNT REQUESTED: $30,670 Timeframe for Projects An estimated timeframe of project activities, from January — December, 2021 , follows below after the Figures. 22 - '7 ! y ��r~�.•t, �„ ,. �1�. �,#.w• -.f � tom.ti. :. G�. ,� � r ��4.�."�wr .._,try•1r ^� - air , .. b 3 p �R • R u $ - IkA �,(, �n+PIR QA'd •,tet'+ .-.+ r i Figure 7. Parcel 4. Upper Mauka parcel,undeveloped. Boundary proposed to be surveyed. Location of new fence (yellow)inside property boundary (red),with access gate (blue). Encroachment,pig and security issues will be mitigated by the fence and assist maintenance. (TMK 8-2-014-043). DEPARTMENT OF PARKS & RECREATION Page 24 ILC PROJECT ACTIVITY TIMEFRAME 2021 Parcel Project Activity J F M A M J J A S 0 N D 1, 2, 3 Identify horticulturist via contract II.C.1 Orient horticulturist/volunteers to QGIS Plant Maintenance & nursery tasks Preservation, Begin plant mapping, labeling, troubleshoot Restoration, Internet access and programs Mapping And UH Tropical Ag volunteer historical input pp g Maintenance Identify info, integrate from old records Plant regeneration/Nursery Purchase supplies, small equipment Lease and operate zero-turn mower Generate plant inventories w/Access/QGIS SAII Maintain undeveloped parcels Plan future recommendations 2 Contract & create safe driveway access II.C.2 Contract engineer, cesspool & septic system Restoration Of Remove cesspool, install septic system Educational Contract for roof replacement/structural And Caretaker Contract exterior house cleaning/painting Buildings Contract interior restoration/painting Volunteer contractor coordinates/monitors all interior and exterior work 1, 2, 3 II.C.3 COVID- Purchase PPE and related supplies 19 and Other Contract with janitorial firm for restrooms All Safety And Assume liability insurance & name HI County All Contractual Orient bookkeeper to the project &track Operations Prepare interim and final reports 1 Contract fencing repair/replacement 1, 2, 4 Volunteers assist to clear fenceline All II.C.4 Fencing Maintenance of fencelines 2 Contract fencing, hogwire and chainlink Volunteer contractor coordinates/monitors 4 Contract surveyor & mark boundaries Contract fencing, new gate installation 1,314,5 All projects lGarden Manager (Museum) coordinates PARCELS: 1 TMK 8-2-013:002 Visitor Center Parcel 2 TMK 8-2-013:003 Amy's Original House + Lowland Garden and Forest 3 TMK 8-2-013:014 Upland Garden and Forest 4 TMK 8-2-014:043 Upper Mauka (separate parcel) 5 TMK 8-2-015:059 Pa'ikapahu Heiau (separate parcel) III. PERMITS/APPROVALS REQUIRED A. Environmental Assessments (EA's): None B. Special Management Area (SMA) Permit: None C. Other: An engineer will be hired to obtain the necessary Permits and draw up plans for conversion of the cesspool in Parcel 2, to a Septic System so that the ground water quality will improve and the flow of nutrients into the ocean waters will be decreased. This will bring the wastewater treatment up to County code. Other parcels (1 and 3) are up to code on this. DEPARTMENT OF PARKS & RECREATION Page 26 IV. PROJECT BUDGET A. Budget Details PROJECT APPLICANT OTHER AMOUNT BUDGET SHARE RESOURCES REQUESTED TOTAL 1. Plant Preservation, Restoration, $23,216 $24,790 $35,249 $ 83,255 Mapping and Maintenance 2. Restoration of Educational, Caretaker and $13,635 $10,916 $112,120 $ 136,671 Maintenance Buildings 3. Covid-19 and Other Safety, $4,998 $5,417 $13,570 $ 23,985 and Contractual Operations 4. Fencing: New and Repair for $2,320 $2,835 $30,670 $ 35,825 Safety TOTAL $ 44,169 $ 43,958 $ 191,609 $ 279,326 DEPARTMENT OF PARKS & RECREATION PAGE 27 IV.A.1 PLANT PRESERVATION, RESTORATION, MAPPING AND MAINTENANCE BUDGET APPLICANT RESOURCE AMOUNT PARCELS PROJECT BUDGET SHARE S REQUESTED Contract Maintenance and Horticulture, All 16 hrs/wk x 52 wks @ $27/hr $ 22,464 All Small Equipment Loppers, 2 small @ $25 $ 50 Loppers, 3 large @ $45 $ 135 Hand sickles, 6 @ $15 $ 90 Weedeater, Stihl 240 $ 780 1, 2, 3 Large Equipment Mower, zero-turn; Lease, @$500/mo+tx $ 6,282 Repair costs, old tractor, avg. $160/mo $ 1,920 1, 2, 3 Supplies Fertilizer $ 600 Herbicide $ 300 Insecticide $ 600 Nursery/soil/potting $ 780 Irrigation supplies $ 300 Weedeater string $ 108 Mower/tractor fuel $ 720 Plant labels $ 120 Plant mapping, restoration, labelling and 1, 2, 3 maintenance * Friends Volunteers (botanical knowledge) 6 x 3 hrs x 48 wks $ 23,215.68 **Garden Manager, Bishop Museum, 8 hrs/wk x 52 wks $ 19,656.00 **Horticultural expert (UH) 24 hrs $ 1,134.00 Plant GIS computer/internet and garden/nursery access, Mosaic Grant $ 4,000.00 Total $ 23,215.68 $ 24,790.00 $ 35,249 * Friends' Volunteers, using Hawai'i state standard rate for basic labor- $26.87/hr ** Professional FTE rate including salary@$30/hr+benefits, $47.25/hr. PARCELS: 1 TMK 8-2-013:002 Visitor Center Parcel 2 TMK 8-2-013:003 Amy's Original House + Lowland Garden and Forest 3 TMK 8-2-013:014 Upland Garden and Forest 4 TMK 8-2-014:043 Upper Mauka (separate parcel) 5 TMK 8-2-015:059 Pa'ikapahu Heiau (separate parcel) Page 28 IV.A.2 RESTORATION OF EDUCATIONAL AND CARETAKER BUILDINGS BUDGET APPLICANT OTHER AMOUNT PARCELS PROJECT BUDGET SHARE RESOURCES REQUESTED Road Safety, Redo Direct Entrance from 2 Mamalahoa Highway Adjust sight distance at existing driveway for Safety, lay base course for slippery conditions $ 8,000 Friends Volunteer (retired Professional Contractor) 20 hours @ $60/hour $ 1,200 2 Install Septic System per County Code Contract engineer to design and permit new Septic System $ 4,000 Install new up-to-code Septic System; fill existing Cesspool $ 26,000 Friends Volunteer (retired Professional Contractor) 40 hours @ $60/hour $ 2,400 Restore Educational and Caretaker Building, 2 Amy Greenwell's former home via contractors replace gutters and downspouts; repair purlins/facia $ 35,000 Clean and paint exterior of house $ 7,000 Replace non-functional sliding glass doors, windows and termite-damaged doors, all $ 4,500 Replace cracking linoleum flooring $ 7,750 Replace termite damaged kitchen cabinets and formica counters $ 9,750 Restore interior painting, walls and ceilings $ 10,120 Friends Volunteer (retired Professional Contractor) 120 hours @ $60/hour $ 7,200 1, 2, 3 Stabilize All Buildings from Active Termites 1 Tenting Visitor's Center $ 2,536 Tenting Amy Greenwell's former home; restoration to be Eduational/Caretaker 2 Building 2,410 Budget continued on next page. Page 29 IV.A.2 RESTORATION OF EDUCATIONAL AND CARETAKER BUILDINGS BUDGET APPLICANT OTHER AMOUNT PARCELS PROJECT BUDGET SHARE RESOURCES REQUESTED 3 Tenting Maintenance Shed/Nursery Complex $ 5,970 2, 3 For All Above "Garden Manager, Bishop Museum; oversight and consulting; 60 hrs, Professional FTE rate including salary@$30/hr+benefits, $47.25/hr. $ 2,835 Totall $ 13,635 1 $ 10,916 1 $ 112,120 PARCELS: 1 TMK 8-2-013:002 Visitor Center Parcel 2 TMK 8-2-013:003 Amy's Original House + Lowland Garden and Forest 3 TMK 8-2-013:014 Upland Garden and Forest 4 TMK 8-2-014:043 Upper Mauka (separate parcel) 5 TMK 8-2-015:059 Pa'ikapahu Heiau (separate parcel) Page 30 IV.A.3 COVID-19 AND OTHER SAFETY AND CONTRACTUAL OPERATIONS BUDGET APPLICANT OTHER AMOUNT PARCELS PROJECT BUDGET SHARE RESOURCES REQUESTED 1, 2, 3 COVID-19 RELATED and SAFETY Masks, disposable,100/mo@$35 $ 350 Gloves, disposable, box of200/mo@$20 $ 400 Cleaning supplies (Clorox, etc.;$50/mo) $ 600 Hand Sanitizer, 1 Gallon/mo @$20 $ 240 Janitorial, Contracted One deep-clean/mo @$200 $ 2,400 Friends volunteers doing weekly/daily monitoring and cleaning of 4 restrooms; 3 people x 1 days/wk x 1 hr/day=3 hrs/wk x 52 wks $ 4,191.72 All Liability and Property Protection Insurance $ 4,000.00 $ 41000 All Bookkeeping,Contracted $30/hr x 8 hrs/mo x 12 $ 2,880 All Final Report Preparation Contracted, $30/hr x 90 hrs $ 2,700 * Friends volunteers (botanical and archaeological knowledge), assist with photographs and edits, 30 hrs $ 806.10 ** Garden Manager, assist with photographs and edits, 30 hrs $ 1,417.00 Total $ 4,997.82 $ 5,417.00 $ 13,570 * Friends'Volunteers, using Hawai'i state standard rate for basic labor-$26.87/hr ** Garden Manager, Bishop Museum, Professional FTE rate including salary@$30/hr+benefits, $47.25/hr. PARCELS: 1 TMK 8-2-013:002 Visitor Center Parcel 2 TMK 8-2-013:003 Amy's Original House+ Lowland Garden and Forest 3 TMK 8-2-013:014 Upland Garden and Forest 4 TMK 8-2-014:043 Upper Mauka (separate parcel) 5 TMK 8-2-015:059 Pa'ikapahu Heiau (separate parcel) Page 31 IV.A.4 FENCING BUDGET APPLICANT OTHER AMOUNT PARCELS PROJECT BUDGET SHARE RESOURCES REQUESTED Fencing-Contracted 1 Fencing repair, along southern boundary of Visitor Center parcel $ 4,146 2 Fencing repair/steep slope; to keep pigs out; hogwire, except new chain link fencing to front lanai area ($25/ft); dangerous drop off to Mamalahoa Highway $ 7,000 2 Friends Volunteer retired Professional Contractor, 10 hrs @ $60/hr $ 600.00 4 New fencing/gate; hogwire; to surround unfenced parcel; pig problems, neighbor encroachment; safety issues $ 18,844 Survey fence line; parcel has 4 never been fenced $ 680 Fencing- In Kind 1, 2, 4 * Friends Volunteers monitor/clear 4 @16 hrs=64 hrs $ 1,719.68 1, 2, 4 ** Garden Manager, Bishop Museum, 60 hrs $ 2,835.00 Totall $ 2,319.68 $ 2,835.00 $ 30,670 * Friends' Volunteers, using Hawai'i state standard rate for basic labor- $26.87/hr ** Professional FTE rate including salary@$30/hr+benefits, $47.25/hr. PARCELS: 1 TMK 8-2-013:002 Visitor Center Parcel 2 TMK 8-2-013:003 Amy's Original House + Lowland Garden and Forest 3 TMK 8-2-013:014 Upland Garden and Forest 4 TMK 8-2-014:043 Upper Mauka (separate parcel) 5 TMK 8-2-015:059 Pa'ikapahu Heiau (separate parcel) Page 32 IV, APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization (use attachments where appropriate): See Attached Description B. Main source(s) of financial support: 2020: • Laurence H. Dorcy Hawaiian Foundation • Mosaic Momentum; • USDA and Hawaii State Kaulunani Small Grant Program • Partnership with Bernice Pauahi Bishop Museum which funds the equivalent of one FTE staff at the Garden; • Membership Dues, Donations and Gifts to Garden; • Several Private Donors, including Eugene and Meredith Clapp. • Several Local Businesses for annual Grow Hawaiian Festival C. Please list prior projects successfully completed: 1. Purchase of the Garden from Bishop Museum using grants from Hawai'i State Legacy Land Program; US Forest Service Community Forest Program; Atherton Family Foundation, Cooke Foundation Ltd., and many other members and private donors. 2. Protection in perpetuity through County of Hawai'i, Public Access, Open Space, Natural Resources Commission (PONC) which prioritized the Garden and purchased Conservation Easements on all parcels of the Garden. 3. Significant Support from the Community which has resulted in a current total of over 500 members in the Friends organization. 4. Creation of a "Friends of Amy B.H. Greenwell Ethnobotanical Garden" Website and online Newsletter. https://www.amy�4reenwell.garden/ DEPARTMENT OF PARKS & RECREATION Page 33 V. APPLICANT INFORMATION A. History of the Friends of Amy B.H. Greenwell Ethnobotanical Garden The Amy B.H. Greenwell Ethnobotanical Garden (the Garden) is located in the heart of Captain Cook, Hawai'i, overlooking Kealakekua Bay. This beloved community resource was established through a land gift to Bernice Pauahi Bishop Museum in 1974 by Amy Beatrice Holdsworth Greenwell, a botanist, archaeologist, and Hawaiian cultural enthusiast. The Garden was subsequently enlarged through additional gifts over the last four decades, totaling today 13.6 acres in five parcels. Amy developed an interest in native plants from her father, Arthur Greenwell, on the family ranch in Kona. After WW II, Amy worked at the New York Botanical Garden, where she and Otto Degener collaborated on a volume of the classic Flora Hawaiiensis. By 1948 Amy was back in Hawai'i and in 1951 she built her home on the land which, through her eventual donation, became the Amy B. H. Greenwell Ethnobotanical Garden. Amy died from cancer in 1974 and she bequeathed the property to the B.P. Bishop Museum, which fully developed it to become the Garden that she had begun to envision, as documented in her property deeds. The Garden houses an archaeological preserve of the Kona Field system (State Inventory number 50-10-37-6601). These remnants of the massive ancient field systems on the Big Island were re-discovered by modern anthropologists using aerial photographs, beginning with Stell Newman and Lloyd Soehren in the 1960's. Among the many unique attributes of the Garden are the kuaiwi or stonework low walls delineating the Kona Field System, a fifty-square mile network of farms and agroforestry gardens which dominated the landscape from the 1600's to the time of Western contact. Over the last few decades, several books and many scientific articles have focused on the botanical and historical aspects of the Garden. One of the Garden parcels also contains the significant Pa`ikapahu Heiau (State Inventory 50-10-47-3735). This parcel is located in a subdivision about 0.1 mile west of the gardens and was donated by Kealakekua Ranch in 1985. In years to come, we will be working to study, stabilize, and interpret this significant historic site in consultation with Hawaiian practitioners. Today the Garden contains a collection of approximately 250 endemic and indigenous plant species, many of which are critically endangered and may even be extinct in the wild. Additionally, the Garden has over 150 Hawaiian cultivars in traditional agroforesty zones. The Polynesians brought with them about 25 types of new plants to the islands, the `canoe plants', which not only served as food, but also as medicines, building materials, oil, dyes and fibers. Additionally, there are numerous 34 varieties of `Ohi'a. With the fear about Rapid `Ohi'a Death (ROD), the Garden may well help provide answers to the concerns through scientific approaches to `Ohi'a die off. Until November 2019, the Garden was owned and run by the Bishop Museum, the premier Museum dedicated to the natural and cultural history of Hawai'i and the Pacific Region. In January 2016, Bishop Museum closed the Garden and announced plans to sell and seek a new steward for the Garden. The Garden is beloved by everyone who has visited it. Prior to closing, the Garden was visited by thousands of residents and travelers to Hawai'i Island who enjoyed exploring the trails leading through the various ecological systems that are represented in the Garden. The Garden is listed in almost every tourism book about Hawai'i Island, and was part of the visitor experience for cruise ships, tourists, Hawai'i Island school children and families as well as scientists and students working on Hawaiian ethnobotany and archaeology. In response to this devastating news, the community joined together to found the Friends of Amy B.H. Greenwell Ethnobotanical Garden (Friends) which was officially incorporated in May 2016 as a 501 (c)(3) non-profit organization. The mission of the Friends has evolved to include not only supporting Hawaiian cultural traditions of land use and plants and conserving the plant resources of traditional Hawaiian cultural activities, but also to ensure the continuance of this national treasure as an ethnobotanical garden. The Friends members immediately began writing grants, sponsoring fund-raising programs, and reaching out to our community to help save the Garden. With major funding coming from the Atherton Family Foundation, Hawai'i State Legacy Land Program, the US Forest Service Community Forest Program, and the Cooke Foundation Ltd, we raised the money required to purchase the Garden from Bishop Museum. The Friends closed on the purchase on November 21 , 2019. The County of Hawai'i's Public Access, Open Space and Natural Resource Commission (PONC) has placed two Conservation Easements on the property— one on the core parcels that comprise the Community Forest area, and the other on the Upper Mauka parcel and Heiau Parcel, ensuring the protection of the Garden in perpetuity. The many successful programs from the past thirty years since the Garden was opened in 1988 are being revived, including: • regularly scheduled tours guided by volunteers who are familiar with the plants and the cultural attributes of the Garden; • self-guided and audio tours with educational signs; 35 • developing the nursery and sales of rare and endemic plants on a larger scale to resorts, condominiums and residents who wish to assist with the establishment of native plants; • revitalization of the Farmer's Market (which is very popular and continues to use the Garden on Sundays); • regularly scheduled cultural events, hula, tapa and poi making; • use of traditional canoe plants for daily sustenance; and use of the Garden for special events and celebrations. The all-volunteer "Friends" membership now totals over 500 members with a volunteer board of directors consisting of 15 members. We maintain a website: https://www.amygreenwell.garden/, which provides information on up-coming events and programs. Some of our major goals are listed below: • foster understanding, enjoyment, community benefit, and conservation of the natural and cultural resources of the Garden; • raise funds, facilitate volunteers, and secure other resources to help support the Garden, including all aspects of conservation and historic preservation, education and research; conservation of Hawaiian native, endangered, and culturally significant plants; and protection of significant archaeological sites. • institute a dynamic volunteer program for gardeners, guided by one FTE Museum employee; • fundraise to support Garden maintenance, staff, and programs; • provide guided tours several days a week; and • provide a venue for hula, crafts making, cooking, musical events, etc. Currently, due to the Covid-19 pandemic and to the challenges of reviving the Garden after four years of closure and neglect, the Garden is only open on a limited basis and by appointment. The public day is Sunday, coinciding with the Pure Kona Green Farmer's Market which the Garden continues to host. New programs such as the `Ulu Roots and Shoots Project in collaboration with Lili'uokalani Trust, are just starting. The board and volunteers are busy making plans for the time when the Garden 36 can again be open every day. After being closed for four years, the Friends sponsored the Grand Reopening of the Garden in conjunction with our Grow Hawaiian Festival event. Well over 500 people attended festivities on February 29, 2020. Below are some photographs of visitors enjoying their Garden again! 1v1 r F"' Regular Hikes were led by Peter Van Dyke, Garden Manager 37 w R y �� 7 � ro 6 -.7 a � s _ - r .• • ••• . • • • •. t rU s M 1465 3 � � ' a � y a � :20F v lk wp 1' 3( e s � a Wow `. w ,t III. R. d %i Visitors enjoy looking at hand-crafted items w w4 yy� Maile Melrose, President-, Peter Van Dyke, Garden Manager, and Melanie Ide, Director of Bishop Museum enjoying the Festival 40 r ♦ yea• ' nw c .w{ & N a1mra0 History Speakers, cultural demonstrations, music, rr fi y hands-on-activities, informational displays, Hawaiian Arts Market, &food. (Big Jake's BBC1) The ffa rsit [),r:1lallux ,PYe.rLdiJn 4)\v:er fimr)years. Kapa making, poi pounding, wood carving, Hawaiian dyes, ipu gourd decorating, {� weaving, net making, 'awa sugarcane and taro experts on hand. Bring your mystery — `'; plants and bugs for expert botanists and entomologists to identify. More info: https://www.amygreenwell.garden ,r w P \w presented by Fiends of Amy Gree welll Eth nolbotanicall Garden and Bishop Museum--Sponsored by Choice ,4RT with additional support from Kamehameha Schools, Hawaii Forest &Trail, and TryLookInside/'Ouli Wai Graphics 41 Friends of Amy Greenwell Garden and Bishop Museum Present 2020 Grow Hawaiian Festival and Grand Re-Opening Amy Greenwell Ethnobotanical Garden Saturday, February 29, 2020 9:00 am —2:30 pm Captain Cook, Hawai'i Sponsored by Choice MART Main Program (big canopy) This schedule is not set—can be changed! emcee: Hannah Springer (x) 9:00—9:20 Opening and tribute to Amy Greenwell Kaniela Akaka (x) Maile Melrose, Meg Greenwell 9:20-10:00 Aloha from the Friends, Presentation of Directors Award Maile Melrose(c) 10:00-10:30 Birds at Bishop Museum. What's there and why are they important? Pumehana Imada(c) 10:30-11:10 "Sharing the spirit of Ho'oulu ka 'Ulu (Revitalizing Breadfruit) with the Pacific Islands" with Aunty Shirley Ann Pualani Kauhaihao(c) and Craig Elevitch(c). 11:10-12:00 Bishop Museum and a Vision of AGG Melanie Ide(c) 12:00-1:00 Ukulele Concert South Kona KOpuna Ukulele Band (c) 1:00-2:30 Music byApokolani featuring Keoki and Yvonne Yarber Carter(c) 2:30 Closing and Pule Garden Tours (meet at kukui tree) 9:30 Ethnobotany and Cultural Treasures Tour- Guide Bobby Camara (tentative) 11:00 Native Plants Botany Tour—Clyde Imada (c) (Bishop Museum) 1:00 Rare Plants tour—Guide David Orr(c) (Waimea Valley) Makeke (Hawaiian Arts Market) 9 :00-1:00 Items on sale at Visitor Center. Other Attractions (drop in any time) Plants &Animals Plant Identifications—Kanoa Kimball (c) David Orr(c), Clyde Imada (c) Insects—Stacey Chun(c), Pat Conant(c)„ Andrea Kawabata(c), Sugar cane Cultivation and use Noa Lincoln (c) 'Awa cultivation Isaac Kaiana Runnels Garden Artisans Weaving Ben Heloca(c) Shirley Kauhaihao, and others Ipu Gourds- Kalim Smith (c) Kapa making Roen Hufford and students(c) Hawaiian dyes Lisa Raymond(c Net making Chuck Leslie (c) Kalai—Hawaiian Wood carving Jesse Kahoonei, Isaiah Smith Cordage Beau Jack Key(c) Mahiole Solomon Apio(c) 42 Lomilomi Demonstrations Wesley Sen (c). Hawaii Lomilomi Association La'au Lapa'au Kaohu Montfort(c). Hands-On Activities Ku'i kalo (Poi Making) (c) Keahi Tomas, Kamuela Meheula. Manuel Rego, Penny Levin Konane (x) Shane Akoni Nelson 'Ohe kapala George Place(c), Chantal Chung (c) Friends of the Garden Conservation Management plan Drop in to be a part of planning for the future Displays: Friends of Amy Greenwell Garden, UH Master Gardeners, Waikoloa Dry Forest, Haw Dept of Agriculture, CTAHR Ka'upulehu Dryland Forest, Bishop Museum, QLCC and others Lunch for sale by Big Jake's BBQ (under big kukui tree) x ti r kk, a �fs Pounding Poi at the Festival Here is a link to one of several news stories covering the Festival in West Hawaii Today— https://www.westhawaiitoday.com/2020/02/28/entertainment/amv-b-h-qreenwell-ethnobotanical-qarden- reopens-prow-hawaiian-festival-saturdav/ 43 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: Certificate of insurance shall be required with County of Hawai'i named as additional insured. Organization shall provide annual report which shall include accomplishments, financial statements ' including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS&RECREATION Page 44 INTERNAL-REVENUE--SERVICE _..- --.-- ._ _DEPARTMENT OF THE TREASURY -_-, P. O. BOX 2508 CINCINNATI, OH 45201 {{## j� (�_ Employer Identif i cation Number: Date: J U N 1 7 16 81-2793124 DIN: 26053568002076 FRIENDS OF AMY B H GREENWELL Contact Person: ETIRZOBOTANTCAL GARDEN TUSTOMER SERVICE ID# 31954 82-6066 M NALAHOA HWY STE 10 Contact Telephone Number: CAPTAIN COOK, HS 96704-0000 (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) (vi) Form 990/990-EZ/990-N Required: " Yes - Effective Date of Exemption: May 24, 2016 Contribution Deductibility: Yes Addendum applies: No Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code ;IRC) Section 501(c) (3) . Donors can deduct contributions they make to you ander TRC Section 1.70_ You're also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2U55, 2106, or 2522. This letter could help resolve questions on your exempt status_ Please keep it for _rour records. Organizations exempt under IRC Section 500 fcj (3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this Letter_ if we indicated at the top of this letter that you're required to file Form ,SO/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990--E=Z) or electronic notice (Form 990-N, the e-Postcard) _ if you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of his letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC: Compliance Guide for 501(c) (3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 5435 -2- FRIENDS OF AMY B H GREENWELL Sincerely, Vol Jeffrey Cooper Director, Exempt organizations Rulings and Agreements Bylaws of Friends of Amy B. H. Greenwell Ethnobotanical Garden ARTICLE I Construction Section 1.1 Incorporation. The name of the Association shall be Friends of Amy B. H. Greenwell Ethnobotanical Garden, hereinafter referred to as the "ASSOCIATION" or the " Corporation", as incorporated in the State of Hawai'i on the 25th day of May, 2016. Section 1.2 Non-profit. The ASSOCIATION shall be autonomous and shall possess all the powers permitted to nonprofit organizations under the laws of the state of Hawai"i. Section 1.3 Nomenclature. The masculine pronoun, as used hereinafter, shall mean the masculine or feminine or any person, wherever applicable. ARTICLE 11 Members Section 2.1 Admission of Members. Any person interested in the purposes and objectives of the ASSOCIATION may become a member upon payment of annual dues in the amount established from time to time by the Board of Directors. Each member in good standing (current on dues) shall be entitled to one vote on each matter submitted to a vote of the members. Membership shall begin on the date the initial dues were received and shall continue for a 12- month period thereafter. Dues are payable for succeeding years on the last day of the same month the original dues were paid. Any member whose dues remain unpaid for 90 days shall be deemed to have resigned upon the original due date thereof. Any member may resign by fling a written resignation with the Secretary. The Board of Directors, by affirmative vote of a majority of all members of the Board, may suspend or expel a member for cause. The Board of Directors may from time to time prescribe the qualifications and requirements for membership and shall have the power to create classes of membership conferring such rights and privileges and imposing such obligations as may from time to time be determined by the Board of Directors. ARTICLE III Meetings of Members Section 3.1 Annual Members' Meeting. The annual meeting of members shall be held once each year, within 45 days of the startlend of the fiscal year (December 31) or at such a time and place as the Board of Directors determines for the purpose of electing directors and transacting such other business as may come before the meeting. Section 3.2 Special Meetings of Members. Special meetings of the members for any purpose or purposes may be held at any time upon the call of the President, upon the call of any three (3) directors, or upon the written request of one-fourth (1/4) of the members entitled to vote. Section 3.3 Notice of Members' Meetings. Notice of all member meetings, annual or special, stating the place, day, and hour of the meeting and whether it is annual or special, and in case of a special meeting stating the purpose or purposes thereof, shall be given not less than ten (10) nor more than forty-five (45) days in advance of the meeting, in person or by mail, phone, email or FAX. Section 3.4 Voting. Ten percent (10%) of the members entitled to vote on a matter shall constitute a quorum. When a quorum is present at any meeting, the vote of a majority of the members present shall, except where a larger vote may be required by law or these by-laws, decide any question brought before the meeting. The vote of each member must be cast in person or by proxy. Members may give their proxy, in writing or another verifiable form (email or FAX), to the then current President of the Association or to any member of the Association at least one day before the announced date of the meeting. Proxies may be specifically "for" or"against" a nominated individual or item of business or they may be general and allow the President or member to vote the proxy at his discretion. ARTICLE IV Board of Directors Section 4.1 Powers. The corporate powers of the ASSOCIATION shall be vested in its Board of Directors to the fullest extent permitted by the laws of the State of Hawaii. As used herein, "Board" means Board of Directors. The Board shall have general charge of the affairs, funds, and property of the Association, and shall have full power, and it shall be their duty, to enforce the Bylaws. Section 4.2 Composition, Number and Qualifications of Directors. There shall be a minimum of five (5) and a maximum of sixteen (16) Directors, who shall be elected at the Annual Members' Meeting of the ASSOCIATION by a vote of the members. Candidates for the Board must be members of the ASSOCIATION. No Board member may be an employee of Amy B. H. Greenwell Ethnobotanical Garden. The Officers of President, Vice-President(s), Secretary, and Treasurer shall be elected from among the Board of Directors by the Directors themselves. Section 4.3 Committees. The Directors may from time to time establish standing or ad/hoc committees as they shall determine to be necessary or appropriate for the conduct of the ASSOCIATION's business. Section 4.4 Elections. The initial Board of Directors as established in the Articles of Incorporation shall, at the Organizational Meeting of the Association, elect Directors for the staggered terms(plus any interim period between the Organizational Meeting and the first annual meeting) specified below. Thereafter, the Directors shall be elected by the members at the annual meeting of the members of the ASSOCIATION, as needed when staggered terms expire. Section 4.5 Terms of Office. Except for Directors elected by the initial Board, Directors' terms begin with the annual members' meeting. Directors shall be elected for a term of three (3) years, except for the initial Board, of which at least 5 shall serve for 1 year, at least 5 shall serve for 2 years, and the remainder shall serve for 3 years. All directors shall hold office until their respective successors are elected. Directors may be removed from office by a vote of at least two-thirds (2/3rds) of the entire Board of Directors then in office. Section 4.6 Board Vacancies. If, for any reason, elected directors vacate their position midterm, the Board may elect replacements to serve until the next annual meeting of members. Section 4.7 Regular Board Meetings. Regular meetings of the Board of Directors may be held without call or notice at such places and times as the directors may from time to time to have previously determined, provided that any director who is absent when such determination is made shall be given notice thereof. There shall be at least one annual meeting of the Board. General members may attend Board meetings, but may participate therein only when asked to do so, and they may not vote at such Board meetings. Section 4.8 Special Board Meetings. Special meetings of the Board may be called by or at the request of the President or any two (2) directors. Section 4.9 Board Meeting Notice. The President or Secretary shall give prior notice of each meeting of the Board in writing by mailing the notice to the Board not less than seven (7) days before the Board meeting or by giving prior notice to the Board personally, by telephone, electronic mail or FAX not less than five (5) days before the meeting. The failure by the Secretary to give such notice or by any director to receive such notice shall not invalidate the proceedings of any meeting at which a quorum of the directors is present. Section 4.10 Board Quorum. A majority of the Board of Directors then in office shall constitute a quorum for the transaction of business at any meeting of the Board. A Board member may participate in the meeting either telephonically, electronically (e.g., Skype, Google hangout) or in person for purposes of the quorum and any action taken at the meeting. Any action required or permitted to be taken at any meeting of the Board of Directors may be taken without a vote if all of the Directors then in office consent to the action by telephone and file within two weeks of the meeting written consent in the form of an electronic mail (email), facsimilie (FAX) or other written consent with the records of the meeting of the Board of Directors via the Secretary. Such written consent or emails shall be treated, for all purposes, as votes at a duly convened meeting of the Board of Directors. ARTICLE V Officers Section 5.1 Officers. The Officers of the ASSOCIATION shall be a President, one or more Vice-Presidents, a Secretary, and a Treasurer, and such other officers as may be determined by the Board. No director may hold more than two offices at a time. Section 5.2 Election. The Officers of the ASSOCIATION shall be elected annually by the Directors at their annual Board meeting. Each Officer shall hold office until the next annual meeting of the Board of Directors and until his/her successor shall have been elected and qualified. Section 5.3 President. The President shall direct and administer the affairs of the ASSOCIATION as its executive head and shall supervise all phases of its activities, subject to instructions by the Board. The President shall also be an Ex Officio member of all committees. The President shall normally preside at all meetings of the Board of Directors and the general membership meetings. The President shall work with the other officers and is responsible for submitting the annual budget to the membership at the annual members' meeting. Section 5.4 Vice-President(s). The Vice-President(s) shall assist the President in carrying out his duties. In the absence of the President, the Vice President(s) shall direct and administer the affairs of the ASSOCIATION, preside at meetings, and supervise all phases of its activities, subject to instructions by the Board. Section 5.5 Treasurer. The Treasurer shall be the chief financial officer of the ASSOCIATION and shall exercise general supervision over the receipt, custody, and disbursement of all funds. The Treasurer will keep records of membership dues, payments, and funds, and/or oversee the membership records in relation to dues' payments. The Treasurer will work closely with the President in the compilation of the annual budget. The Treasurer shall regularly submit financial reports to the Board, which will, from time to time, be subject to internal or external audit as determined by the Board. Section 5.6 Secretary. The Secretary shall keep the minutes of all meetings of the members and the Board. The Secretary shall keep or cause to be kept a register showing the names of the members, Directors and officers with their addresses and phone numbers. The register shall be available for inspection by any member for the purpose of communication with other members concerning Association business at the site of the meeting or the Corporation's office. The Secretary shall give notice in conformity with the Bylaws of all meetings of the members and the Board. The Secretary shall be responsible for archiving corporate records. The Secretary shall also perform all duties assigned by the President or the Board. ARTICLE V1 Disbursements and Contributions Section 6.1 Disbursements. Disbursements of the funds of the ASSOCIATION for the purposes for which it is organized shall be made by the Board at its discretion. Section 6.2 Limitations on Disbursements. The Board shall not make any disbursements of contributions of the funds or assets of the ASSOCIATION to or for the benefit, directly or indirectly, of any members, director, or officer of the ASSOCIATION, except for: (i) reasonable payment for services actually rendered to the ASSOCIATION by such member trustee, or officer as an employee or independent contractor of the ASSOCIATION which the Board had previously agreed are compensable, and except for: (ii) reimbursement for an expense incurred on behalf of the ASSOCIATION, not to exceed $100, unless authorized by the Board or incorporated in the current budget. 5 Section 6.3 Fundraising. All fundraising on behalf of the ASSOCIATION shall be approved of by the Board. The Board may accept or reject on behalf of the ASSOCIATION any donation, contribution, gift, bequest, or devise for the general purposes or for any special purpose of the ASSOCIATION. Section 6.4 Fiscal Year. The fiscal year of the ASSOCIATION shall begin on the first day of January and end on the last day of December of each year. Section 6.5 Use of Public Funds. The corporation shall not use public funds for purposes of entertainment or perquisites. Any expending governmental agency, the director, the committees of the legislative bodies and their staffs, and the legislative auditor shall have full access to records, reports, files, and other related documents in order that the program, management, and fiscal practices of the ASSOCIATION may be monitored and evaluated to assure the proper and effective expenditure of public funds. ARTICLE VII Parliamentary Authority Section 7.1 Parliamentary Matters. Meetings of the Board of Directors and the members shall be conducted by the President (or in his/her absence, a Vice- President), whose rulings on parliamentary procedure shall be final, subject only to being over-turned by a 2/3 vote of those then present and entitled to vote at any meeting. ARTICLE VIII Miscellaneous Section 8.1 Inspection of Bylaws. The Secretary shall keep the original or a copy of the Bylaws as amended, certified by him or her, which shall be open to inspection by the members at all reasonable times. Section 8.2 Corporate Records. The ASSOCIATION shall keep correct and complete books and records of account, minutes of the proceedings of its members, Board of Directors and Committees, and a record giving the names and addresses of the members entitled to vote. The books of account and minutes of proceedings of the members and Directors shall be open to inspection upon the written demand of any member, at any reasonable time, and for a purpose reasonably related to his interests as a member, and shall be exhibited at any time when required by the demand of a majority of the members. Section 8.3 Handling of Funds. All checks, drafts, or other orders for payment of money, notes, or other evidence of indebtedness issued in the name of or payable to the ASSOCIATION shall be signed or endorsed by such person or persons and in such a manner as, from time to time, shall be determined by resolution of the Board; providing that any check in excess of one hundred dollars ($100.00) shall be signed by the Treasurer and countersigned by any other officer of the corporation duly authorized. An officer shall not sign a check reimbursing himself or herself. Section 8.4 Execution of Contracts. The Board may authorize an officer or officers, agent or agents to enter into any contract or execute any instrument in the name of and on behalf of the ASSOCIATION, and such authority may be general or confined to specific instances; and unless so authorized by the Board, no officer, agent, or employee shall have any power or authority to bind the ASSOCIATION by any contract or engagement or pledge its credit or to render it liable for any purpose or to any amount. Section 8.5 Auditor. The Board may at any meeting appoint a person, committee of general members, or a firm or corporation engaged in the business of auditing, to act as the auditor of the ASSOCIATION. No Director or officer shall be eligible to serve as auditor of the ASSOCIATION. If an Audit Committee of general members is appointed, it should be composed of a Chairperson and at least two additional general members. An Audit Committee shall review the financial records and support documents of the Treasurer and report back to the Board and general membership regarding their findings. Ideally, the ASSOCIATION should have an audit at least every two (2) years, and prior to any change in the office of the Treasurer. Section 8.6 Nepotism. It shall be the policy of this ASSOCIATION to comply with the requirements of Hawaii State Law, and to adopt policies against Nepotism and Conflict of Interest. "Nepotism" shall mean generally the appointment of persons to positions on the basis of their blood or marital relationship to the appointing authority rather than on merit or ability. No two or more members of a family or kin of the first or second degree shall be employed or under contract by this ASSOCIATION or serve on the Board of Directors unless specifically permitted in writing by the Board of Directors. "Conflict of Interest" shall mean situations where an individual's judgment or loyalty is or may be affected by his own financial, business, property or personal interest. No Director shall vote on any matter in which said Director has an interest, nor shall said Director be present at any portion of a meeting of the Board of Directors in which the Directors consider a conflict of interest by said Director. No officer shall undertake any action on behalf of the ASSOCIATION in which said officer has an interest unless said officer has first made written disclosure of the conflict of interest in writing to the Board of Directors and the Board of Directors has given advance approval for said action. All issues relative to a conflict of interest or perception of a conflict of interest shall be determined by the Board of Director Section 8.7 Action without meeting and telephonic meetings. To the full extent permitted by law, any action required or permitted to be taken at any meeting of the Board or of any committee thereof may be taken by unanimous written or email consent of the Board of such Committee, as the case may be, without such 7 meeting. Unless prohibited by the Charter of Incorporation and subject to the provisions herein relating to notice, the members of the Board or any committee designated thereby may participate in a meeting of such Board or Committee by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Participation by such means shall constitute presence in person at a meeting, and shall be duly noted in the minutes of the meeting as to method of participation. Section 8.8 Nondiscrimination. There shall be no discrimination on the basis of race, color, religion, sex, sexual or gender orientation, national origin, ethnicity, marital status, age, profession, or handicap with regard to hiring, assignment, promotion or other conditions of staff employment, use of volunteers, or delivery of client services. All other personnel actions in such areas as compensation, benefits, social and recreational programs, and other agency sponsored activities shall also be administered without regard to race, color, religion, sex, sexual or gender orientation, national origin, ethnicity, marital status, age, profession, or handicap. This policy shall apply to membership on the Board of Directors and its duly authorized committees. ARTICLE IX Amendments Section 9.1 Amendments. These Bylaws may be amended at a regular or special meeting of the Board of Directors, by a two-thirds (2f3's)vote of a quorum of the Directors where each director has been given a least TEN (10)days advance written, email, or telephone notice that the business of the Board meeting will include amendment of the by-laws. Any alteration, amendment or repeal of the Bylaws by the Directors must be ratified at the next meeting of general members by the affirmative vote of a majority of the members present, provided that a quorum is present at such meeting, in order to be valid. Notwithstanding the above provisions of this Article IX, any alteration, amendment, or repeal of a Bylaw by the Directors as provided for in this Article shall be valid and given full force and effect until the next meeting of general members. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control. CERTIFICATE The undersigned Secretary of the FRIENDS OF AMY B. H. GREENWELL ETHNOBOTANICAL GARDEN (the ASSOCIATION) hereby certifies that the foregoing Bylaws were duly adopted by the Board of Directors of the ASSOCIATION at the organizational meeting of the Board of Directors duly called and held for such purpose on the 28th day of May, 2016, and that the same remain in full force and effect. R EFFECTIVE as of May 28, 2016. ari Morin, Secretary Date v % Friends of Amy B.H. Greenwell Ethnobotanical Garden Board of Directors, 2019-2020 Elected at the Annual Meeting, November 91h, 2019 Officers of the Board of Directors' Maile Melrose, President (2022) Shirley A.P. (Cho) Kauhaihao, Vice President (2022) Noa Kekuewa Lincoln, Vice President (2022) Marie Morin, Secretary (2022) Pat Todd, Treasurer (2020) Directors Bernice Akamine (202 1) Greg Garriss (2020) M.E. "Meg" Greenwell (2021) Tommy Hickox (2020) Kealoha Kealohapau`ole Manaku (2022) Ashley Obrey (202 1) Alan Rolph (202 1) Rose Schilt (2021) Nathan Smith (2022) Jim Todd (2020) *Note: Year shows the end of an elected term, concluding in the Fall of the year with the Board Election at the Annual Meeting. No term limits. Board of Directors, Biographical Statements Officers President Maile Melrose As Amy Greenwell's cousin and loyal Kona resident, Maile feels an obligation to help this Garden survive. She is a recognized historian, researcher, author, speaker and noted living- history storyteller, with a background in Anthropology and Hawaiian Studies. For many years, she has written for local papers such as the Waimea Gazette and KHS. Associated with Kona Historical Society for over 20 years, Maile is interested in all aspects of Kona's rich history, and recipient of the Hawai'i Loa Chapter of the DAR 2016 Historic Preservation Medal. She emphasizes that no place on the island does a better job of illustrating the important relationships that HawaiTs people developed with their plants than this outdoor classroom and cultural treasure house. "It deserves to be saved, protected and preserved for the future." Vice President Shirley A. P. (Cho) Kauhaihao Shirley has volunteered at the Amy B. H. Greenwell Ethnobotanical Garden for 15 years. She was the lead organizer for the cleanup of coral graffiti along Queen Ka'ahumanu Highway—this cleanup was completed in approximately three years of Sundays. She is a Master Weaver, member, and past president of Ka Ulu Lauhala 'o Kona, the annual weaving conference, and has participated in events in Hawaii and Washington, D.C. She is also a chef of Hawaiian cuisine, assisting top chefs in our state. Shirley's family ties and commitment to the Garden go back decades. Vice President Noa Kekuewa Lincoln Noa is a Native Hawaiian born in Kealakekua. He is the former Ethnobotanical Educator of the Amy B.H. Greenwell Ethnobotanical Garden. He has worked extensively in plant conservation, ecosystem management, and indigenous food issues in Hawai'i and around the Pacific Rim, as well as Brazil and the American Southwest. Much of his current research examines the traditional Hawaiian rain-fed agricultural systems, and how traditional agricultural practices affect nutrient cycling and productivity. He is the lead scientist for several Hawaiian agricultural sites, such as Ulu Mau Puanui and Mala Kalu'ulu. He has a BS from Yale University in Environmental Engineering, and a PhD from Stanford University in Interdisciplinary Resource Management. He is currently Assistant Professor of Indigenous Crops and Cropping Systems with the University of Hawai'i. He has done extensive work on indigenous Hawaiian sugarcane varieties, many of which are at the Garden, and his book is being published by the University of Hawaii Press. Secretary Marie Morin As a conservation biologist, Marie has a Ph.D. from the University of Hawaii, and has worked with native and endangered species throughout her career with various agencies and educational institutions. Since 1980 she has resided and worked on Oahu, Oregon, Kauai, and Hawaii Island. Marie's support of the Garden stems from her long-time interests in Hawaiian culture, the perpetuation of endemic plants and animals, and sustainability through locally-sourced food and energy. One of her favorite quotes: "Grow where you are planted." Treasurer Pat Todd As a new resident of the Big Island and a long-time volunteer, she feels the responsibility to be a good steward of the land and place where she is honored to live. Working for the benefit of Amy B.H. Greenwell Ethnobotanical Garden and its future is a passion. A love of living museums was instilled through volunteering for many years at the Denver Botanic Gardens. Pat has lived all over the world, and was first introduced to the Hawaiian Islands as a child when she was living in Saipan and Kwajalein. She is grateful to now be living in "paradise." She previously worked in corporate America in human resources. Pat is a graduate of Indiana University. Directors Bernice Akamine First, serving two summer internships at Amy B. H. Ethnobotanical Garden through Central Washington University's Resource Management Graduate Program, then as the Ethnobotanical Educator and currently as a Garden Volunteer; Bernice has been connected with the Garden for 14 years. She is an internationally recognized artist and has served on the Board of Directors of Hawai'i Craftsmen, the largest arts organization in Hawai'i. She is a Hawaiian cultural practitioner making and using kapa and natural dyes in her traditional and contemporary artwork and is currently researching kapa tools and their associated designs. Greg Garriss Being involved with the Amy B.H. Greenwell Ethnobotanical Garden for the past 12 years, Greg is a strong advocate for the preservation and propagation of our native plants and in providing educational services, including activities regarding their uses and cultural aspects. He previously served for 8 years on the board of directors for the Kona Outdoor Circle Foundation and was active in the Hawai'i travel and tourism industry for 10 years as co-owner of the Aloha Guesthouse in Honaunau. He currently operates a macadamia nut farm and nursery in Keauhou and is involved in developing hydroponic and aquaponic food production systems. Meg Greenwell Meg is a niece of Amy B. H. Greenwell and remembers visiting her at her residence and garden property. She is President of the family corporation, Kealakekua Ranch, Ltd., of which Amy was a Director and Treasurer for many years before her death. Kealakekua Ranch/ChoiceMart received the competitive 2016 Statewide Family-owned Business of the Year Award through the Small Business Administration. Through her personal enthusiasm and recognized leadership, Meg carries forward a generations-long concern for serving Kona through family business, promoting local jobs and local foods, and also advancing charitable interests and community events. Kealakekua Ranch, Ltd. donated the land on which the Visitor Center is located and is very interested in the Garden and committed to seeing it service the community again. 3 Tommy Hickox Tommy is retired. He is a woodworker, and a long-time supporter of the Amy B.H. Greenwell Ethnobotanical Garden. R. Kealohapau`ole Manaku (Kealoha, Roz) Roz moved to Hawaii Island 14 years ago, and is home. On Oahu she was a partner in Na Mea Hawai'i/Native Books and volunteered by reading to residents of Lunalilo Home; on Hawai'i Island she worked with an organization to prevent abuse to children. She now enjoys photographing plants and the 'aina and volunteers at the Garden --she has been doing this prior to the closure of the Garden up to the present. Ashley Kaiao Obrey Ashley was raised in Holualoa, Kona, where she can trace her 'ohana back generations. A graduate of KS, Pepperdine University, and the William S. Richardson School of Law,Ashley currently works as an attorney at the Native Hawaiian legal Corporation, representing clients on issues dealing with land, water, and natural, cultural, and historic resources. She has also previously worked as a land asset manager for Kamehameha Schools' expansive South Kona agricultural lands and as a law clerk to Chief Justice Moon at the Hawaii Supreme Court. Ashley is a mom to a preschooler at Punana Leo 0 Kona and an `olapa of Halau Ka'eaikahelelani in Keauhou. She loves spending time on the 'aina and at the kai, learning new things (especially na mea Hawai'i), working out, 'olelo Hawaii, and, most recently, growing native plants at home. Ashley is excited to see the renewed impact that the Garden will have on our community, our keiki, as well as the preservation and perpetuation of traditional Hawaiian knowledge. Alan Rolph Alan is ecstatic about his return to the Big Island. He was born in Honolulu, moved to New Zealand and returned to the Big Island to attend High School at Hawaii Preparatory Academy. He graduated from Denison University and the University of Cincinnati with a Master's degree in Geology. His career with Shell Oil took him worldwide in search of energy resources. He is now retired and enjoying woodworking and making improvements to a 5-acre property and home in Captain Cook. He has always had great love for nature and history. He is a descendent of the Cooke family who arrived with the 81h company of missionaries to Hawaii in 1837. The Amy Greenwell Garden holds a very special place in his heart as his mother, Dorothea Ralph, worked with the Garden in its early years helping to propagate and grow native Hawaiian plants. He is looking forward to continuing this work of maintaining and preserving this region's native plants and their cultural history entwined with the people of the Big Island. Rose Schilt As a community advocate, with Master's degrees in anthropology/archaeology and public health, Rose has worked in Hawai'i, the Pacific and the US Midwest. She brings 12 years of experience as a nonprofit executive director and Weinberg Fellow, focusing on public health advocacy and policy for youth and families. She directed archaeological projects throughout the islands and believes in the relevance of the past to the present. Rose served as the second director of the Garden in the 1980's, helping to develop it for opening to the public, and is now committed to ensuring that it serves as a cultural and educational center for a sustainable future. 4 Nathan Smith Now a resident of Kealakekua, Nathan believes that "The Amy B.H. Greenwell Ethnobotanical Garden is a unique and irreplaceable gift — from Amy, from many years of stewardship by the Bishop Museum, and from years of care by Garden Staff and Volunteers. The time has come for our community and island to preserve this gift and bring it to its full potential." He has been a commercial real estate and energy attorney in Portland Maine for 35 years. As an attorney he has received many peer recognitions including being listed in Best Lawyers in America for the past 15 years. Nathan has worked on numerous land conservation transactions and was the first person in Maine to receive the National Park Service's 'Conservation Hero' Award in 1993. He has been a community leader for decades, which has included holding leadership positions in a broad spectrum of community organizations as well as serving on the Portland City Council for two terms and as Portland's Mayor in 2003-4. Jim Todd In the past few years,Jim realized a dream of living in Hawai'i by buying land in Captain Cook, building a beautiful house and taking on the prolific weeds of the Todds' six-acre property, Blue Horizon Farm. However, his association with the Amy B.H. Greenwell Ethnobotanical Garden preceded all of that when he was introduced to the Garden by long-time Big Islanders who instilled him the importance of the Garden to Hawaiian cultural heritage as well as a commitment to the preservation of an invaluable natural resource. Jim spent many years volunteering at the Denver Botanic Gardens and was recognized for his horticultural contributions. In a prior life, he worked in business development in corporate America. Jim is a graduate of the College of William and Mary. He is energized to help the Amy B.H. Greenwell Ethnobotanical Garden determine its future. t M STATE OF HAWAII STATE PROCUREMENT OFFICE CERTIFICATE OF VENDOR COMPLIANCE This document presents the compliance status of the vendor identified below on the issue date with respect to certificates required from the Hawaii Department of Taxation(DOTAX),the Internal Revenue Service,the Hawaii Department of Labor and Industrial Relations(DLIR),and the Hawaii Department of Commerce and Consumer Affairs Vendor Name: FRIENDS OF AMY B.H. GREENWELL ETHNOBOTANICAL GARDEN Issue Date: 04/22/2020 Status: Compliant Hawaii Tax#: New Hawaii Tax#: GE008481382401 FEIN/SSN#: XX-XXX3124 UI#: No record DCCA FILE#: 264660 Status of Compliance for this Vendor on issue date: Form Department(s) Status A-6 Hawaii Department of Taxation Compliant Internal Revenue Service Compliant COGS Hawaii Department of Commerce&Consumer Affairs Exempt LIR27 Hawaii Department of Labor&Industrial Relations Compliant Status Legend: Status Descrtoon Exempt The entity is exempt from this requirement Compliant The entity is compliant with this requirement or the entity is in agreement with agency and actively working towards compliance Pending The entity is compliant with DUR requirement Submitted The entity has applied forthe certificate but it is awaiting approval Not Compliant The entity is not in compliance with the requirement and should contact the issuing agency for more information DEPARTMENT OF PARKS & RECREATION AUPUNI CENTER 101 PAUAHI STREET, SUITE 6 HILO, HI 96720 TELEPHONE: (808) 961-8311 PONC STEWARDSHip GRANT REQUEST A. NAME AND ADDRESS OF ORGANIZATION: Ho'omalu Ka'u P❑ Box 384 Naalehu, HI 96772 B. REQUIRED DOCUMENTS: x Non-profit (501(c)(3), IRS letter of determination x Copy of organization bylaws and mission statement x DCCA Certificate of Vendor Compliance C. PERSON TO CONTACT: Keoni Fax PHONE -Work: (808) 351-6279 - Mobile: (808)351-6279 Email: foxw00 1 @hawaii.rr com D. PROJECT PERIOD` January 01, 2022 to December 31, 2022 E. PROJECT AREA. Kahua 01chu, Ka'u District,TMK(3)9-5-012., 005 Ik i DEPARTMENT OF PARKS& RECREATION Page 1 F. PROJECT COST Applicant share: $ 16,429.76 Other resources: $ 0 Amount requested: $ 18,150_00 Total Project Cost: s 34,579.76 G. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of hislher knowledge. NAME OF AUTHORIZED OFFICIAL: Keoni Fox TITLE OF AUTHORIZED OFFICIAL: Secretary/Treasurer SIGNED: Lir DATE: August 31, 2020 Who to contact with any questions? Keoni Fox, (808) 351-6279 Include Map of Maintenance Area: See attached DEPARTMENT OF PARKS&RECREATION Page 2 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application): See attached DEPARTMENT OF PARKS&RECREATION Page 3 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application): The board members of Ho'omalu Ka'u and its Kahua Olohu Committee are pleased to submit this POMC f Stewardship Grant Request application for the stewardship of the Kahua Olohu, a historically famous wahi pana of Ka'u formerly used as a traditional gaming field for Hawaiian sports, training grounds for lua and a site for religious and cultural ceremonies associated with Makahiki. Although the Kahua Olohu extends into j the adjacent State owned property, most of the bowling field racetrack can still be found on this 13-acre County owned parcel. Our board consists of five members with Ka'u connections, each with various leadership, educational and managerial backgrounds in businesses and local community organizations. Board members of Ho'omalu Ka'u include family members of the Keanu `Ohana who are direct lineal descendants of the area. In 2014 and 2015, members strongly advocated for the purchase of the property under the County PONC program. Acquisition of the property in 2016 fulfilled the purpose of preserving historic and culturally important sites that promote preservation and perpetuation of our native Hawaiian culture,tradition and customary practices. In order to build capacity, the board of Ho'omalu Ka'u formed a committee specifically dedicated to the stewardship of the Kahua Olohu and the organization of future community programs on the property. The Kahua Olohu committee consists of five lineal descendants of Ka'u who are actively involved in public education, natural resource management, and cultural stewardship projects. The committee has drafted its own vision and mission statement for the project: Kahua Olohu Committee Vision The Kahua Olohu shall be a carefully managed and respected cultural resource which will honor our ancestors and promote peace, unity, health and connection to the land through malama aina, cultural learning, and restoration of traditional practices and competitive sport. Kahua Olohu Committee Mission The committee's mission is to support and guide a community-managed wahi pana of Kau based on the cultural,spiritual and educational practices and protocols of our ancestors. The Kahua Olohu is part of Kaunamano, a significant ahupua'a in Ka'u history,the translation which means "where thousands are settled". The name"Kaunamano"speaks of the many Hawaiians who once lived on the land. The fertile hillsides and the abundance of fish and other marine resources along its 4 mile long coastline supported a thriving community. At the shoreline are the remains of two large villages, Pauku and Pa'ula. On the hillside above the Kahua Olohu was a grove of yellow blossomed kou trees where the Ali'i of Ka'u once held court. The Kahua Olohu was an integral part of Hawaiian society because of its function during the Makahiki,a four month lunar holiday in honor of the god, .Mono which commenced in the month of Ikuwa,at the end of October. War during those four months was forbidden as this was a time to reflect upon one's relationships with the kupuna while conditioning one's mind to be at peace. This was a time to be thankful for everything around you and a time of feasts and festivity including games of all sorts,particularly boxing. The Makahiki rituals were the most elaborate and complex in the Hawaiian religion. For farmers,this was a time to pray for rains to guarantee abundance of food and for the chiefs,this was a time to collect goods from the people. The Makahiki games brought together people from all over the island and beyond. At the Kahua Olohu, skilled competitors displayed strength, courage, and wisdom and their successes brought honor to their families and chiefs. In addition to accommodating ceremonies involved with the Makahiki,this specific I' property served as a track for bowling games such as ulumaika and pahe'e. Although the property is relatively flat,there is an elevated outcrop overlooking the track which seems to have served as a natural amphitheater or viewing area for spectators. On the surrounding properties,there were additional sports and training areas specifically for warriors and students of lua,the Hawaiian martial arts. As native descendants and cultural practitioners,we plan to continue working with Ka'u families and community members to steward the property so that it can be used again for cultural practices. We hope that this property can be a piko for the community where Hawaiian values and culture can flourish. As a cultural center,its function would be to serve as a place of gathering to welcome practitioners, discuss cultural issues,share kupuna stories and knowledge, strengthen the community,empower our youth, allow people to find their identity, study genealogies and family relationships,learn Hawaiian language and Ka'u history, dress traditionally,grow and harvest Hawaiian plants,build imu for cooking, allow traditional style luau celebrations,and serve as a foundation to kokua other lands in Ka'u. Our organization has received stewardship grants from the County of Hawaii PONC program for the last two years. During this period,we have developed a better understanding of how to care for this land appropriately through pule and kilo(observation). Our goal is to continue with our land preparation and maintenance tasks with the intention of eventually hosting cultural workshops and groups. We had hoped to celebrate Makahiki at the Kahua Olohu this year. However due to the current pandemic,we are planning to postpone until its safe for our community. At that time, all will be welcome to celebrate,to learn the stories of our kupuna and to participate in games and events. We believe that this effort will honor our kupuna while also presenting an amazing opportunity to educate the community and reconnect through traditional sport. Kaunamano Ahupua'a has a rich history and a vibrant landscape with many natural and cultural resources. With this initiative to malama the Kahua Olohu,we anticipate additional opportunities to reconnect and to expand our stewardship,education and cultural practices throughout the ahupua'a. In closing, we believe that the restoration of the Kahua Olohu stands as a symbol of Ka'u Makaha— Ka'u the Fierce,a term from ancient times defined as"a pride in one's district,people and all,to the exclusion of all else." There are many organizations in Ka'u today working to protect,preserve and restore our natural and cultural resources. Each is different in its own way but the common thread which is found in most of these groups is this deep aloha for Ka'u and a desire to heal the land and the people. II. PROJECT DESCRIPTION Kahua Qlvhu, Kaunarx�ano, Ka'u A. Location of Project: 'i B. Number of Persons Who Will Benefit:. Thousands C. Project Description (Give a brief description of the 'f work that will be done with the funds requested, including a timeframe and activities to accomplish stated purpose. Additional pages may be attached): See attached DEPARTMENT OF PARKS& RECREATION Page 4 11. PROJECT DESCRIPTION A. Location of Project: Kahua 01ohu, Kaunamano, Ka'u ]district B. Number of Persons Who Will Benefit: Thousands C. Project Description (Give a brief description of the work that will be done with the funds requested, including a timeframe and activities to accomplish stated purpose. Additional pages may be attached): "`Q ke kahua mamua, mahope ke kukulu." Translation: The foundation first,then the building. Our ultimate goal is to prepare the land for traditional cultural uses and practices including activities associated with Makahiki. With the support of the County PONC program,grants received over the last two years have facilitated community efforts to steward the property. Our organization was awarded its first grant agreement with a term of November 01, 2018 to March 31, 202o. The current grant period will terminate on March 31, 2021. During these last two years,our attention has been directed towards finding a solution to manage the pasture grass. Currently,we are mowing and maintaining a three-acre area with the goal of eventually mowing the entire ten acre playing field area. This will allow for full use of the property for educational and cultural purposes including the hosting of makahiki events and ceremonies. The residential grade mower which we secured using PONC funds cannot mow the tall 8-foot pasture grass. However,lately we have been able to make significant progress during dry periods when the grass density is reduced. As we succeed in expanding the area mowed,we anticipate the need for additional volunteer hours to maintain these grounds. If volunteers cannot keep up with the mowing,we have included a budget for contracted services in our funding request. With the assistance of family and community members,our objectives for the calendar year are to continue to clear the 13-acre property of tall grass and weeds, maintain the regular mowing schedule,and to develop a landscaping plan. Once these priority tasks are completed,we can finalize a site plan for cultural uses. The committee will work with the community to accomplish the tasks listed below. o Mow and maintain pasture grass (January-December 2022) o Maintain regular mowing schedule throughout calendar year o Expand mowing footprint whenever dry weather allows with goal of mowing entire 10-acre field o Coordinate community stewardship program and grounds maintenance (January-December 2022) o Continue to clear loose rocks and remove former ranch materials o Trim grass along fence lines and hand mow proposed community and cultural practice areas o Prune Christmas Berry along Makahiki viewing area o Spray invasive weeds and grasses along hillside o Facilitate opportunities for education and community partnerships(August—December 2022) o Partner with local schools and support virtual based learning whenever project based learning is not possible(PONC funds not required) o Prepare the land for cultural uses and annual Makahaki events(January— December 2022) o Implement landscaping plan using native Hawaiian plants which provide shade, cultural uses and food sources with a focus on species known to grow in the area according to historical records o Prepare a detailed site plan for cultural uses and Makahiki events(PONC funds not required) c Collaborate with other cultural organizations to learn and develop a program for Makahiki (PONC funds not required) o Designate public viewing areas and picnic areas(PONC funds not required) o Establish cultural protocols (POMC funds not required) IIL PERMITS/APPROVALS REQUIRED A. Environmental Assessments (EA's): Not applicable B. Special Management Area (SMA) Permit: IIIA C. Other: None Required DEPARTMENT OF PARKS &RECREATION Page 5 IV. PROJECT BUDGET BUDGET DETAILS PROJECT APPLICANT OTHER AMOUNT BUDGET SHARE RESOURCES REQUESTED TOTAL Equipment/Supplies 0 0 7650 $ 7650 Contracted Services 0 0 10,000 $ 10,000 Liability Insurance 0 0 500 $500 Human Resources 16,429.76 0 0 $ 16,429.76 $ $ $ $ Total $ 16,429.76 $0 $ 18,150 $34,579.76 DEPARTMENT OF PARKS &RECREATION Page 6 PART IV. PROJECT BUDGET(BUDGET DETAILS) Project Budget Applicant Share Other Resources Amount Requested (In-Kind Services) Equipment and Supplies $ 7,650.00 Contracted Services $ 10.000.00 Liability and Equipment Insurance $ 500.00 Human Resources $ 16,429.76 TOTAL $ 16,429.76 $ - $ 18,150.00 Equipment and Supplies Budget Item Amount Purpose Transportation/Fuel $ 2,000 Site travel and supply runs Personal protective Gloves,safety googl es, hearing protection, equipment $ 540 chainsaw chaps, eye wash station, first aid kits Equipment Fuel $ 1,000 Fuel for mower and weedeater equipment Equipment $ 2,000 Repairs, maintenance and materials Maintenance Postage $ 50 Community Notices Printing Costs $ 200 Flyers/Notices Herbicide $ 750 Site Maintenance Riding Mower Parts $ 1,000 Replacement parts Trailer Registration/Safety $ 150 Transport Mower to Site TOTAL $ 7,650 Contracted Services Service Amount Service Description Lawn Services $ 7,500 Contract labor to provide mowing services as needed Portable toilet $ 2,500 Provide waste services and disposal TOTAL $ 10,000 In Kind Services Service Amount Service description Bookkeeping Services 2,400.00 $200 per month Responsible for development of overall project plan, general administration, community engagement, facilitation of partnerships and Project Director 2,160.00 collaborations with stakeholders, promotion of cultural research and interpretation, fulfillment of grant specifications and establishment of cultural/educational goals. 48 hours @ $45/hour Responsible for implementation of stewardship Grounds Manager, program, management of community Event Planner and 2,600.00 participation schedule, maintenance of Volunteer Coordinator equipment and coordination of cultural events. 104 hours @ $25/hour Volunteer Hours 9,269.76 Estimated 24 work days,4 participants,4 hours each at$24.14/hour TOTAL 161429.76 i V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization (use attachments where appropriate): See attached B. Main source(s) of financial support: Private donations,fundraising and grants C. Please list prior projects successfully completed: 1. Kahuku 15-acre parcel land survey,predator proof fence install,and biologicaNarchaeological survey 2 Kawala 772-acre Conservation Easement Agreement dated December 31,2019(Co-Holder) 3. POMC Stewardship Grant Agreement dated November 01,2018(Kahua Otohu) DEPARTMENT OF PARKS& RECREATION Page 7 V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non- profit organization (use attachments where appropriate): Ho'omalu Ka'u is a tax-exempt nonprofit organization located in Na'alehu, Ka'u, on Hawaii Island. The organization was formed on March 02, 2011 with three founding members. Ho'omalu's mission is to perpetuate, protect, and conserve the lands, health, knowledge, cultures, and history of Ka'u and its people. The board currently consists of five members with Ka'u connections, each with various leadership, educational and managerial backgrounds in businesses and local community organizations. In 2011, Ho'omalu received a donation o€15 acres in Kahuku containing a pristine dry-land native forest. The property borders the 25,55o acre, State of Hawaii, Manuka Natural Area Reserve to the west and includes more than 1,00o feet of frontage on Mamalahoa Highway between Mile Markers 79 and 80 on the makai side. This land was given for the purpose of building and operating a heritage center for Ka'u. This Heritage Center is being planned as a state-of--the-art archival center that will not only house Ka'u family photos, maps, letters, books, papers, collected stories, oral histories, maps, and artifacts, but also serve as an educational, gathering, and welcome center for Ka'u organizations, families, and visitors with the remainder of the property to be preserved as part of the dryland forest system. In 2014, Ho'omalu Ka'u completed a boundary and topographic survey of its Kahuku property. We also completed a biological survey of its (22)twenty-two native plant species as well as an archaeological survey and mapping of Keala ehu,an ancient trail which traverses through the middle of the property. We co-hosted cultural workshops as part of the Summer Fun program. At Volcano,we taught 5th an 6th graders how to video interview their kupuna. We also participated in multiple cultural festivals, events and fundraisers. In 2015,we printed and published our booklet entitled,"Native Plants of the Ka'u Dryland Forest." Hawaii's dryland forests are disappearing at an alarming rate. The purpose of the booklet was to educate the community about native Hawaiian plants in Ka'u including their environmental value and cultural significance. As people begin to identify and appreciate our native species,we believe that they will make stronger efforts to protect and preserve these native plants when developing new house lots and landscaping their yards. We held our first"Native Dryland Forest"workshop at Kahuku Park in Ocean View. In 2016,we hosted three additional "Native Dryland Forest"workshops in Pahala,Ocean View and Discovery Harbour. We also raised more than $25,000 to complete the installation of our predator proof fencing at the makai end of our Kahuku property,connecting with fencing along the Manuka MARS border to the west. In 2017,we completed over fifteen"Kupuna of Ka'u"video records of the life histories and stories of local elders to be archived at our future Ka'u Heritage Center. We also formed a Kahua Olohu Committee to plan and prepare for stewardship of the Kahua Olohu in Kaunamano Ahupua'a, Ka'u through the submittal of a County PONC Stewardship Grant Request application. Ho'omalu Ka'u was a strong supporter of the County's purchase of the property under the PONC program. Board members of Ho'omalu Ka'u include family members of the Keanu`Ghana who are direct lineal descendants of the area. This new committee includes a total of five lineal descendants of Ka'u who are currently involved in various community efforts to preserve,protect and steward our island's cultural and natural resources. In 2018,we were awarded a PONC stewardship grant for the Kahua Olohu which we continue to malama today. In 2019,we assisted with the preservation and protection of 772 acres of culturally rich pasture land at Kawala, immediately makai of Na'alehu Town. Ho'omalu is co-holder of a conservation easement dedicating the land in perpetuity to agricultural and cultural preservation uses. D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: Certificate of insurance shall be required with County of Hawai'i named as additional insured. L,�Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS &RECREATION Page 8 ... ........ COU N Y OF HX-VAl'I Peai Property'ox Offic-e Overview Legend ❑ Parcels itl - Maintenance area tD include entire = 13-acre praaperty. 652 ft Parcel 950120050000 Situs/Physical Market Land Value $165,700 Last 2 Sales ID Address Dedicated Use $0 Date Price Reason Quai Acreage 13 Mailing Address COUNTY OF Value 6/1/2016 $170000 NOT OPEN U Class AGRICULTURAL HAWAII Land Exemption $165,700 MARKET Net Taxable Land $0 6/13/200B $240000 ARMS LENGTH Q Value TRANSACTION Assessed Building $0 Value Building Exemption $0 Net Taxable $0 Building Value Total Taxable $165700 Value Brief LOT 3A0.119 AC;1.846 AC;9000 AC;2.035 AC POR GR 2113:2 Tax Description KAUNAMANO HMSTDS (Note:Not to be used an legal documents) 'Hawaii County makes every effortto produce the mostaccurate information possible.Nowarrandes,expressed or implied,are provided for the data herein,its use or interpretation,The assessment information is from the last certified taxroll.All data is subject to change before the next certified taxroll.The'parcels'layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the tirnitations of the data The'parcels'data layer does not conta in metes and bounds described accuracy therefore,please use caution when viewing this data.Overlaying this layer with other data layers that may not have used this layer as a base may notproduce precise results.GPS and imagery data will notoverlay exactly Date created 8/31/2020 Last Data Uploaded:&130/2020 7:38:12 AM P �, AO,y`.�j yah t` 1.F. STATE OF HAWAII STATE PROCUREMENT OFFICE CERTIFICATE OF VENDOR COMPLIANCE This document presents the compliance status of the vendor identified betow on the issue date with respect to certificates required from the Hawaii Department of Taxation(DOTAX),the Internal Revenue Service,the Hawaii Department of Labor and Industrial Relations(DLIR),and the Hawaii Department of Commerce and Consumer Vendor Nems: HO'OMALU ICA' DBWrade Name: HO'OMALU KA' Issue Date: 08/38/2420 StEhue: Compliant Hawaii Tax#: 86574999-01 New Hawaii Tax#: GE-0544047104-01 FEINISSN#: XX-XXX8271 LIW XXXXXX0004 RCCA FILE#: 231995 Status of Compliance for this Vendor on hism diets: Form Deperbnerat[e) Sletus A-6 Hawaii Department of Taxation Compliant Internal Revenue Service Compliant COGS Hawaii Department of Commerce&Consumer Affairs Exempt LIR27 Hawaii Department of Labor&Industrial Relations Compliant Status legend: Status powdilligon Exempt The entity is exempt from this requirement Compliant The entity is compliant with this requirement or the entity is in agreement with agency and actively working towards compliance Pending The entity is compliant with DLIR requirement Submitted The entity has applied for the certificate but it is awaiting approval Not Compliant The entity is not in compliance with the requirement and should contact the issuing agency for more information INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNA'T`I, OH 45201 OCT Identification Number: Date: O C T 2 3 201? 27-5048271 DLN: 17053333413001 HOOMALU KAU Contact Person: PO BOX 154 GERALD HOLLAND ID# 95031 NAALEHU, HI 96772-0154 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170(b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: March 02, 2011 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c) (3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO/CG) BYLAWS OF HO'OMALU KA`U ARTICLE i NAME The name of this nonprofit corporation ("corporation") is Ho'omalu Ka'u. ARTICLE r1 OFFICE The office of the corporation shall be at such place in the State of Hawai'i as the Board of Directors ("Board")shall from time to time determine. ARTICLE III MEMBERSHIP The corporation has no members. ARTICLE IV PURPOSES Section 1. The purposes for which this corporation is organized are: a) This corporation is organized exclusively for charitable, educational, and scientific purposes within the meaning of 26 U.S.C. section 501(c) (3), including,for such purposes,the making of distributions to organizations that qualify as exempt organizations under I.R.S. Section 501(c) (3) or the corresponding section of any future federal code. Relevant to these purposes,the corporation will or may engage in the following purposes and activities,which are not intended to limit the corporation as to other appropriate activities properly conducted within the scope of Section Sol(c) (3). b) This corporation is created to perpetuate,protect, and conserve the lands,health,knowledge, culture and history of Ka'u and its people. c) The corporation will also engage in any other lawful activities which are in furtherance of the above-stated objectives and not inconsistent with Section Sol (c) (3), whether alone or in conjunction with other persons or organizations of any kind or nature, such as individuals, corporations,firms, associations, international organizations, trusts, schools, institutions, I foundations, tribal organizations or tribal governments, or other kinds of governmental departments or agencies, and the transaction of any or all lawful activities for which nonprofit corporations may be incorporated under Chapter 415B, Hawaii Revised Statutes. Section 2. No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to its members,trustees, officers, or other private persons,except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in this Article. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of the Corporation's articles of incorporation,the Corporation shall not carry on any other activities not permitted(a)by a corporation exempt from federal income tax under Section 501(c) (3) of the Internal Revenue Code(or any future corresponding provision) or(b)by a corporation, contributions to which are deductible under Section 170(c) (2) of the Internal Revenue Code (or any future corresponding provision). Section 3. In any taxable year in which the Corporation is considered a private foundation as described in Section 5og(a) of the Internal Revenue Code,the Corporation(1)shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Internal Revenue Code(or any future corresponding provision); (2)shall not engage in any act of self-dealing as defined in Section 494(d) of the Internal Revenue Code(or any future corresponding provision); (3) shall not retain any excess business holdings as defined in Section 494 (c) of the Internal Revenue Code (or any future corresponding provision); (4) shall not make any investments in such manner as to subject the Corporation to tax under Section 4944 of the Internal Revenue Code(or any future corresponding provision); and(5)shall not make any taxable expenditures as defined in.Section 4945 (d) of the Internal Revenue Code (or any future corresponding provision). ARTICLE V BOARD OF DIRECTORS Section 4.1 Number of Directors The number of Directors may be increased,but not more than nine (9),or decreased, but not less than three(3) from time to time as determined by the Board. Section 4.2 Nomination and Election. Nominations and elections of Directors may be determined by the Board. 2 Section 4.3 Term of Office. All Directors shall hold office for a period of three(3)years and may succeed themselves indefinitely. Section 4.4 Vacancies. Any vacancies occurring on the Board may be filled by the affirmative vote of a majority of the remaining Directors. A Director elected to fill a vacancy shall be elected for the unexpired term of such Director's predecessor in office. Section R moval. Any Director may be removed from office without cause by an affirmative vote of the majority of the Directors in office at any meeting called for such purpose. Section 4.6 Compensation. Directors shall not receive any compensation for their services as Directors. Directors may be employees of the corporation, and when serving an employee, a Director may be compensated on the same basis as any other person would be compensated for like services to the corporation. The term"employee" is intended to cover any type of employment,whether the Director should be hired as a full-time employee, a part-time employee, or an independent provider of contract services. Section 4.7 Decision-making. In all matters, Directors shall strive to obtain a consensus,but lacking a consensus, a decision of the majority of the incumbent Directors present shall rule. ARTICLE VI MEETINGS OF THE BOARD OF DIRECTORS Section 5.1 Meetings. Meetings of the Board shall be held at least annually and at such times and places as may be designated by the Board. Section s.2 Special Meetings. Special meetings of the Board maybe called by or at the request of the President,Vice-President, or any two Directors. Notice of special meetings shall be given in accordance with 5.3 of these By-laws. Section 5.;I„.Notice. Notice of each meeting of the Board(for which notice is required) shall be given at least one day(1) day before the meeting. Section 5.4 Quorum. At any meeting of the Board, a majority of the number of Directors in office immediately before the meeting shall constitute a quorum for the transaction of business at such a meeting. Section 5.5 Electronic Meetings. Board members may participate in a meeting of the Board by means of any kind of electronic communications as long as all persons participating can hear each other at the same time. Participation by such means shall constitute presence at a meeting. 3 Section 5.6_Actions Without a Meeting. Any action required or permitted to be taken at any meeting of the Board may be taken without a meeting if such action is agreed to by a participating quorum via phone, email, or other electronic forms of communication, and such consent and action(s) are filed and recorded in the minutes of the next Board meeting. ARTICLE VII COMMITTEES The Board may designate and/or appoint one or more committees. A committee shall have such powers and authorities as the Board shall delegate to it, except that no such committee shall have the power to do the following: 1. Authorize distributions; 2. Approve or recommend to the members dissolution or merger, or the sale, pledge or transfer of all or substantially all of corporation's assets; 3. Elect, appoint or remove Directors or fill vacancies on the Board or any of its committees; or 4. Adopt,amend or repeal the Articles of Incorporation or these Bylaws. ARTICLE VIII. OFFICERS Section 7.1 Number. The officers of the corporation may be the President, the Vice President,the Secretary,the Treasurer and such other officers as the Board shall elect with such duties as may be prescribed by the Board or these Bylaws. At the least,there shall be a President and a Secretary/Treasurer of the Board. Section,Election and Term of Office. All officers shall be elected by the Board at the annual meeting of the Board or at such other times as the Board may deem appropriate. Any two or more offices may be held by the same person, provided that the corporation shall not have fewer than two persons as officers. All officers shall be subject to removal at any time by the Board. Officers must be Directors of the corporation. Section 7.,1 Vacancies. Any vacancy in any office may be filled by the Board for the unexpired portion of the term of that office. Seedon 7.4 President. The President shall be the chief executive officer of the corporation and will preside at meetings of the Board. The President may sign,along with the Secretary or any other officer of the corporation authorized by the Board, deeds, mortgages,bonds, contracts or other instruments which the Board has authorized to be executed,except in cases where the signing and execution of such shall be expressly delegated by the Board to some other officer 4 or agent of the corporation,or where required by law to be otherwise signed or executed. The President may appoint,for a specified term, any qualified person to any committee provided by these Bylaws or established by any resolution of the Board, any such appointment being subject to approval by the Board. Section 7.5 Vice-President. The Vice-President shall assist all officers, as necessary, to assure fulfillment of the purposes of the corporation. In the absence of the President, the Vice President may preside at any meeting of the Board. The Vice President may perform such duties as may be assigned to him or her by the President or the Board. Section 7.6 SecretaLry. The Secretary shall keep, or designate to be kept, the official records of the corporation, including minutes of all meetings of the Board,. as well as email,telephone, and by any other methods, decisions and actions made by the Board. The Secretary shall maintain such records and undertake such acts as may be necessary to keep the corporation in good standing in the State of Hawai`i and in any jurisdiction approved by the Board for the conduct of corporate activities. Section 7.:Z Treasurer. The Treasurer shall keep, or designate to be kept, the financial books and records of the corporation, and report upon the same to the Board at least quarterly. The signatures of the Treasurer or any one other officer must appear on all checks issued on any account of the corporation. Any payment or allocation of corporate funds of$500.00 or resources over the value Of$500.00 must be approved by the Board either specifically or as an item of an authorized budget or for a purpose established by the Board and designated for payment. ARTICLE IX CONFLICT OF INTEREST TRANSACTIONS Section 8.t Conflict of Interest Defined. A conflict of interest transaction is a transaction with the corporation in which a Director of the corporation has a direct or indirect interest. A conflict of interest transaction is not voidable or the basis for imposing liability on the Director if the transaction was fair at the time it was entered into or is approved as provided in this section. A transaction in which a Director has a conflict of interest may be approved if the material facts of the transaction and the Director's interest were disclosed or known to the Board and the transaction was authorized, approved, or ratified by the Board. Section 8.2 Conflict of Interest Transactions. A Director of the corporation has an indirect interest in a transaction if: (r) another entity in which the Director has a material interest in or in which the Director is a general partner, or a party to the transaction; or (2) another entity of which the Director is a director, officer,or trustee is a party to the transaction. A conflict of interest transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of the Directors on the Board,who have no direct or indirect 5 interest in the transaction; provided that a transaction may not be authorized, approved, or ratified under this section by a single Director. If a majority of the Directors on the Board who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the purpose of taking action under this section. The presence of a Director with a direct or indirect interest in the transaction does not affect the validity of any action taken under this section, provided the transaction is otherwise approved as provided in this section. ARTICLE X CONTRACTS, GIFTS, INVESTMENTS, EMPLOYEES,AND AGENTS Section 9.i Contracts. The Board may authorize the President and/or any other officer of officers, agent or agents of the corporation to enter into any contract or to execute and deliver any document, instrument or writing of any nature in the name of and on behalf of the corporation. Section 9.2 Gigs. The Board may accept on behalf of the corporation any contribution, gift, property,bequest or devise for any purpose of the corporation. Section_g.n Investments. The corporation shall have the right to hold all or any part of any securities or property acquired by it, including but not limited to cultural, conservational,and/or easements and land in trusts, in whatsoever manner, and to invest and reinvest any funds held by it, according to the judgment of the Board,without being restricted to the class of investments which Directors shall or may be permitted by law to make; provided,that the corporation shall not retain any excess business holding as defined in Section 4943(c) of the Internal Revenue Code.The corporation shall not make or retain any investment which may jeopardize the carrying out of any of its exempt purposes as provided in Section 4944 of the Internal Revenue Code. Section 9.4 Employees and Agents. The Board may authorize the employment of corporate employees, agents, and/or representatives, with such powers and duties as the Board may see fit to delegate to them consistent with these Bylaws and to the extent permitted by federal and state laws. ARTICLE XI INI3EMNIFICATION, BONDS, INSURANCE AND LIABILITY Section xo.1 Indemnification. The corporation may indemnify the members of the Board, all committees,corporate agents and employees to the full extent allowed by laws governing non-profit corporations in the State of Hawai'i. 6 Section 10.2 Bonds and Insurance. The Board may obtain such bonds and insurance as may be deemed appropriate in its discretion to accomplish indemnification and/or any other purpose of the corporation as stated in these Bylaws. Section 10.3 Liabilill for Corporate Obligations. Pursuant to Hawai'i state law, the Directors, officers, and employees of the corporation shall not be personally liable for the corporation's obligations. ARTICLE XII AMENDMENTS These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by a two-third's majority of the entire Board in office at the time of the amendments. ARTICLE XIII DISSOLUTION If the corporation shall cease to exist or be dissolved, all property and assets of the corporation of every kind, after payment of its debts,shall be distributed only to one or more public agencies, organizations, corporations,trusts or foundations having like purposes and organized and operated exclusively for charitable, scientific,literary, religious or educational purposes, no part of whose assets, income or earnings may be used for dividends or distributed to shareholders or to individuals and the activities of which do not include participation or intervention (including the publication or distribution of statements) in any political campaign on behalf of any candidate for public office. In no event shall any distribution be made to any organization unless it qualifies as a tax-exempt organization under Section 5o1 (c) (3) of the Internal Revenue Code(or corresponding section of any future federal tax code)with purposes similar or related to those of the corporation. 7 I' I� HO'OMALU KA'U BOARD OF DIRECTORS—2020 Biographies Wendy Vance, President P.O. Box 785, Na'alehu, HI 96772 Phone: 8o8-937-4506 Email: khandro@juno.com A 4o-year resident of�lawai`i, former Ho'omalu Ka'u Secretary/Treasurer and founder Wendy Vance (originally from New York) is the retired assistant manager of the Kona Historical Society's Kona Coffee Living History Farm, a nonprofit located along the Kona Coast showcasing the history, artifacts, and workings of a loo+-year-old Japanese coffee farm. She is also a highly-experienced retreat organizer and managed Lotus Gate Sanctuary, a Buddhist retreat center in Ka'u. She has served on the boards of several non-profits,was a "founding mother" of Ka 'Ohana O Honu'apo, chaired the Hula and the Arts Cultural Festival for seven years, and has been a Hawaiian language and hula student for more than 25 years. She was the Ka'u representative for the HTA/CPEP Kala Committee for 3 years and was the Ka'u contact for the 2% Fund ballot initiative (now PONC), collecting signatures and organizing community meetings. She also researched and wrote the Ho'omalu Ka'u publication "Native Plants of the Ka'u Dryland Forest." She now works as an Interpretive Ranger for Hawaii Volcanoes National Park in Ka'u's Kahuku Unit. She and her husband, David, built their own home on 11 acres in Ka'u in 2011. Charmaine Keanu, Vice President P.O. Box 142,Na'alehu, HI 96772 Phone: 808-430-9598 Email: e.keanu@yahoo.com Born in Pahala and raised in Waiohinu, Charmaine has lived in Ka'u her entire life. For over 30 years, Charmaine worked at Naalehu Elementary School where she held many different positions including counseling"at-risk"students, administering disciplinary actions and tutoring through the After-School Plus (A+) Program. After her recent retirement, Charmaine reflected upon the highlights of her career: specifically, as a mentor for the youth of Ka'u. She has always stressed the importance of education and staying in school. Today, Charmaine is proud to see that many of these former students are now active with their careers, families and communities. Many thank her for the guidance, patience and compassion which she shared at Naalehu Elementary. Charmaine has four adult children, eleven grandchildren and two great- grand children. She enjoys caring for her moopuna, reading the bible, attending church services, crochet and studying genealogy. As a strong supporter of the Ka'u community, Charmaine hopes to perpetuate the unique Ka'u lifestyle and Hawaiian traditions of our kupuna which include love of family, preservation of resources for future generations, and honoring our heritage. 1 Keoni Fox, Secretary/Treasurer (Kahua Olohu Committee Chair) 48-472 Kamehameha Highway, Kaneohe, HI 96744 Phone: 808-351-6279 Email: foxwool hawaii.rr.com For the past 20 years, Keoni has owned and operated his own consulting business in which he has provided site acquisition and project management services for the telecommunications industry, specializing in the development and management of wireless facilities. He also manages a small family farm in.Waikane, Oahu, producing local,free range poultry and eggs. Keoni attended the Wharton School of Business at the University of Pennsylvania, graduating with a Bachelor's of Economics with a concentration in Marketing and Environmental Management. An avid hiker and native Hawaiian plant enthusiast, Keoni is also a board member of the Ala Kahakai Trail Association representing Ka'u District. As a cultural practitioner with ancestral ties to Naalehu, Keoni is a strong advocate for the protection of cultural and natural resources in Ka'u. He actively participates in community efforts aimed at preserving the Ka'u coastline and its treasured wahi pang. Keoni currently manages stewardship of Kukuianiani Heiau which was formally adopted by the Koolaupoko Hawaiian Civic Club through the City and County of Honolulu, Department of Parks &Recreation, Adopt a Park Program. Lehua Lopez-Mau, Director P.O. Box 154, Na'alehu, HI 96772 Phone: 808-315-6888 Email: 88haleCa7,gmail.com Former president and a founding director of Ho'omalu, Lehua Lopez-Mau, a native Hawaiian/Chinese/Puerto Rican born and raised in Honolulu, is a professional nonprofit consultant and has more than 40 years of experience with organizations in Hawaii working for Hawaiian cultural, environmental, and health care nonprofits on O'ahu, Kaua'i, Moloka'i, Lana'i, and Hawai'i Island. With a master's degree in cultural anthropology(specializing in Hawaiian cultural knowledge and folklore) she also has experience working with planners and researchers. She is also adept at organizing and managing the research,writing, and publishing of reports,booklets, and other documents. She led and managed all of Ho`omalu's projects until she left, in July/2017, to pursue other nonprofit endeavors in New Mexico. 2 William Iaukea, Director P.O. Box 4722, Hilo, HI 96721 Phone: 8o8-938-8674 Email: iaukeawilly@hotmail.com r William Iaukea, a full-blood Native Hawaiian born and raised in Puna and Hilo, is a retired businessman and a Marine veteran of the Vietnam and Desert Storm Wars. He owned businesses (moving and construction companies) in North Carolina for more than 30 years until he sold them and moved back to Hawai`i Island in the late 199o's. He is a Ka`u homeowner and currently volunteers his time to work with military veterans (for more than 14 years) and teaches the art and philosophy of judo to juveniles and young adults. Coming from a family of ancient Hawaiian healers and having been trained by his father and uncle in unrecorded family healing traditions, Mr. Iaukea often speaks to local and visitor groups about traditional Hawaiian healing practices. 3 ii KAHUA OLOHU COMMITTEE Chair: Keoni Fox 2020 Biographies Leilani Rodrigues A native of Waiohinu, Leilani exemplifies the spirit of the Hawaiian culture. Although Leilani had two years of study at Hawaii Community College, Leilani harnessed the knowledge taught by her kupuna and the many educational experiences growing up as the oldest of 4 siblings, to become a Kumu in 2008 at"Tutu and Me."A program under the Partners in Development Foundation, "Tutu and Me"provides a tuition free preschool which prepares students ages 0-5 to enter elementary school. Leilani worked closely with colleagues to educate students using a curriculum which emphasized the teaching of native Hawaiian values. The program is also known for its role in providing support services and resources to caregivers and their families. In 2014, Leilani returned to her native land of Ka'u where she found employment in her hometown of Waiohinu as Supervisor at Pacific Quest, a horticulture therapy program for young people that cultivates change by teaching sustainable life skills in a clinically innovative and nurturing environment. Leilani also works as an Interpretive Ranger at the Hawaii Volcanoes National Park, Kahuku Unit,where she shares stories and history of the rugged Ka'u cowboys, the geology of the still active Mauna Loa volcano, and the myths and legends of deities and chiefs of Ka'u. Leilani has been a strong advocate for preservation and protection of natural and cultural resources in Ka'u since childhood. Standing alongside her kupuna, Leilani joined others to oppose the development of the proposed spaceport at Ka Lae as well as the proposed State prison and various resort developments along the Ka'u coastline. Leilani spends her free time participating in community beach clean-ups. She also enjoys spending time with her husband and their four boys, camping, fishing, hunting, gathering and teaching valuable life skills which include resource management and Hawaiian values. Aaron 'Aina Akamu 'Aina's mo'oku'auhau traces back to Kekuhaupi'o and Pine, and his 'ohana has lived in Ka'u for over 200 years. He was born in Pahala and raised in.Na'alehu during the last two decades of Ka'u Sugar where his Hawaiian/Chinese/Japanese/Scottish dad was a truck driver and journeyman electrician. His mom is full Hawaiian from Kapa'au, North Kohala and worked at the Punalu'u Black Sands Restaurant. He was also raised by his paternal grandmother, who spoke Hawaiian, and taught him many Hawaiian traditions such as la'au lapa'au, mea kanu, mea kaua, kapa, waiho'olu'u, hula, mete, lei making and other hana no'eau. After graduating from Kamehameha-Kapalama, he earned a B.A. in Linguistics from Dartmouth College with a focus on Hawaiian Grammar and 1 a Dialectology, and a M.A. in Teaching with an emphasis on bilingual language learners and social studies education. After 14 years serving as a high school teacher, student support coordinator, social studies department chair, and director of global studies at Kamehameha Kapalama, he fulfilled a lifelong dream of returning home to Na'alehu permanently in 2017. He is currently a high school teacher at Ka'u High School, chair of the Komike Na Mea Hawaii for the Ka'u Hawaiian Civic Club, a member of Kauaha'ao Congregational Church, and a community volunteer. He is proud to be a protector of all things Hawaiian, of all things Ka'u, and is a strong supporter orter ofAloha'Aina. He also has two to year old mini dachshunds and enjoys travel,having visited over 20 countries with many more to explore! Nohealani Kaawa Nohea Ka`awa was born and lives in the Wai`ohinu Ahupua'a in Ka'u. As a life-long cultural practitioner with experience in Hawaiian protocol, she is an advocate for respectful resource management. Having followed an educational background in Hawaiian Studies at UH Hilo, Nohea is employed as the Ka'u- community outreach specialist for DLNR- DOFAW in partnership with Hawaii Wildlife Fund. Nohea is a haumana of Halau `Ohi`a and since 2012 has continued as an active board member of Ka `Ohana o Honu`apo whose mission aims to restore, care for and protect the natural and cultural resources within Ka'u by utilizing the values of mdlama `ding (care for the land), kupono (honesty and integrity), and kuleana (duty and responsibility) and to work in community partnerships to preserve the area for future generations. Nohea appreciates opportunities to host interpretive hikes, she loves to share mo`alelo wahi pans and mob kuauhau of Ka'u but most importantly, Nohea takes pride in being able connect and assist others in the practice to truly Aloha Aina. Trice Davis Trice Davis is a lineal decent of Ka'u through his Kahula and Mahuka genealogy. He resides in Wai`ohinu with his wife and two children living an off grid lifestyle growing kala and raising chickens. Trice is an avid waterman with thorough knowledge and understanding of marine biology.Trice is employed at the National Park Services,. Kahuku Unit providing grounds maintenance service and he often travels to serve as a wild land Fire Fighter.As a former biological field technician for the Pakini Nui wind farm along with his specialization with endemic woodworking craftsmanship,Trice enjoys the outdoors and shares a strong connection to the natural, cultural and native environment of Ka`d. 2 z z J -u •+' spa 'b0 ``4 a M v CID t cc z J / •; .ti e. a C d c 1� o, .iciCLd 1r C ... dLA000 00 © b - O 00 0. • c o N z d � b � C+ F" ❑ S-� v� o Y J b cu 44 0 G r L 0. 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RE Q U1R.ED D 0 C U N111:NTS: NM1-1)1'crf'it (.if11 (C')f. )_ 1I'iS ls_=l Ls_ r° of t eu--r°rrrirrtzti01' C4/1.J k.r I. k.i Ig i 1 I R,i 1 I }} I J I f 1 ! r I k,l 1 1�i s;.r u. I DCCA (".ertificate of Vendor Compliance C. PERSON TO CONTACT: IELISHABIRODERSON Phone No: Mobile: 808-854-4992 Email Adzess: elibroderson@gmall.corn D. PROJECT PERIOD: January, 021_ to December 2021 E. PROJECT AREA: O'oma Shoreline Beach Park TNIK 7-3-009:004 DE'11vkRTMENT OF FIAR [S & RECREATION pa ge SE CRE ATI(lN page 1. F. PROJECT COST 1)1 i I lit ?-Zh I",i-e: $ 10,600 An-iount t,equesled: $,,-, Total Project Cost: s 44,880 G. CERTIFICATION: 77 LS true corTw( i, to t' k.f-S o S r;r'1, NA €V cxf. I JTHO IR I Z E D OFFICIAL: Elisha Broderson TITLE OF AUTHORIMD OFFICIAL: President, Kohanaiki 'Ohana SIGNED. Z' DATE: 8,27,20 Who to contact with any questions? Mason, Myrrno, Project Manager 808-430-5986 mason1502@grnail.rom Include Va 1) oaf _ ll,L i i i I v i i,L n(-v re i, The 0'orna Shoreline Bead) Park is located between the OTEC/NELHA facility and the Kohanaiki Shoreline Beach Park. The Projiect Maintenance Area is high- lighted in yellow on the map. club CWrawnity V I)I-;'I�,-kit'I'MF,NTOI-.' ]--'AIIKS UVRI]ATION Page 2 BUSINESS PLAN 1. PROPOSAL 1c'1+; € cr+; h vitt( h IIi The t\u, anaiki 'Ohana is seeking a 3rd Grant to coriL11 AUC �JuI stewaraao ny programs and maintenance of the 'O'oma Shoreline. Mason Myrmo will continue to serve as the Project Coordinator. Due to COVID-19 it maybe unrealistic to bring as many student and community volunteers to assist with out-planting and mainte- nance as we have done in the past, however, we will enlist the help of individuals and Ohana to maintain a healthy, safe, and clean environment, and re-establish native host plants that support endemic hylaeus bee habitat as well as native birds, and Hawaiian Hoary bats. We will continue to transplant/outplant plants from our nursery along the shoreline. Watering and maintenance ot these natives and the surrounding vege a ion will be a focus of our efforts in 2021. 'O'oma is especially abundant in two special status plants, Maiapilo {caperis sandwichiana), and fibristylis hawaiienisis, a small sedge. 'O'oma's Maiapilo, a rare medicinal plant, is relatively abundant. These strands harbor several special status species of rare Hawaiian yellow-faced hylaeus bees. 'O'oma is also frequented by several rare birds, including A'eo, the Hawaiian stilt. O'oma is a very popular stretch of beach for our community for recreation, and we have noticed that more and more people are frequenting the shoreline. Therefore, our efforts will continue to emphasize educating and engaging with the community in order to bring awareness to protecting 'O'oma for future generations. Additionally, we will be planting Loulu Palms and other native trees along the mauka crest of the beach for storm and high surf erosion control. The flora and fauna will be monitored throughout the year. The proposal is consistent with the recommended management measures for 'O'oma listed in the 2014 Flora and Fauna Stud con- ducted by Geometrician Associates LLC. DEPYkIt'I'MENT OF P'e RKS & ItECItEATION ['age 3 1I. PROJECT DESCRIPTIO A. Loc atioi-i cif" �'} c cYc�t; `O'oma Shoreline, TMK 7-3-009:04 B. tii-i-ib v cif' Pei-saris Who Will Benefit; Residents & Visitors C'... Pt,oject. Dee,cription ( rco o Oi-i.ef desc ii iptio n of tete irtcliic!rr7g (i tifncf� -(;�!ic acid cxct1.uiti.es to r1.c.(.r)1?1/)71',sli stoIf:F;` o i,fi i)f se, A ola' f!f7vo 1)r1gf's o?a. ' be (III{ffI)f: ): During the 2021 Grant Period, funds will be used for the following purposes: FIRST QUARTER Establish seed sprouting station in nursery for loulu palms Plant out Propagate native ground covers/grasses for erosion control along beach crest Maintain existing plantings weeding /watering Make educational signs to protect native plantings close to vehicle traffic Collect seeds on established native outplantings for propagation Continue enhancing both entryways SECOND QUARTE Install signs to protect native plants close to vehicle traffic Establish additional guilds of native plants along beach crest Continue removing invasives along coastal strand Outplant next batch of native ground covers along coastal strand THIRD QUARTER Create additional passive rock barriers to protect native plants from vehicle traffic Transplant into larger pots next set of palms in nursery Maintain native plants along coastal strand used for erosion control FOURTH QUARTER Plant next set of natives in nursery Finish outplanting any remaining natives ready Weed and maintain all planting sites RECREATION Page .I PERMITSIAPPROVALS REQUIRED A. Evivironi-nental Assessn-teri(s WA's): N/A B. Special Alanagernent Area (SMA) Pen-nit: N/A C. Other: DEPYkRTM ENT 0FPARKS &- RECREATION Page 5 I . PR.DJET BUDGET A. Budget Details Pito- I-'er APPLICANT OTHER AMOUNT BUDGET SHARE RES01 RCES REQUESTED TOTAL MAINTENANCE Field Tools . 1,400 1,400 Fuel/Vehicle Use 480 e 480 Info / Materials 1,000 1,800 Volunteers 9,000 6,000 Security 5,400 5,400 NURSERY Soil Amendment 3,000 3,000 Irrigation Supplie 1,000 1,000 Native Plants 1,000 1,000 Nursery Space 4,000 4,000 MISCELLANEOUS Transportation 600 600 Contract Labor 18,000 S 18,000 Total $ 10,600 9,400 24,880 44,880 I.)EPAWPMENT()I,' 1'_k1?KS & ItECI E.ATION 1, f: V. APPLIC-N T INFORMATION A. ixr•iel' his(oi-y of t l,cY applic crit oi—Fanization. Include the date of incorporation as a non-profit 0t'C;'LI)IIiZat.i011 F' c? c (rrl�")i,oi)i fr r .l: The Kohanaiki 'Ohana is a 501(c)(3) non-profit organization formed in 1990 and incorporated in 1995. Our mission is to enrich the social understanding and appreciation of Hawaii's native culture and environments and to protect the natural and cultural resources and historic treasures along the Kohanaiki and `O'oma coastline on the west coast of Hawai'i island. The 'Ohana is dedicated to creating a positive park environment, to nurturing healthy and safe family building activities, and to promoting community stew- ardship and sustainability through respect for the people, the land and the sea. On December 31, 2013, the County of Hawai'i purchased the conservation lands of 'O'oma utilizing funds from the Public Access, Open Space and Natural Resources Preservation Fund totaling 217,566 acres. The 2013 purchase of 'O'oma with PONC funds was the culmination of over 25 years of efforts on the part of the Kohanaiki 'Ohana and the Kona community to protect this parcel of conservation land. B. Main source(s) of financial support: Annual Keiki Surf for the Earth Funraising Event (now in it's 25th year) Kohanaiki Shores, LLC Community Donations/Contributions Other Foundation Grants C,. Please list prior projects successfully completed: Malama `O'oma Day Beach Clean Up and Maintenance 24th Annual Keiki Surf for the Earth and Beach Clean Up at Kohanaiki Cultural Educational Center and Native Plant Garden at Kohanaiki RECREATION Px, D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: Certificate of insurance shall be required with County of Hawai'i named as additional insured. /' /� 7rgani ation shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of coverall project. DEP WPMENT OF PARKS & I F('I EATION t F+ • 7 FYC ' 4 t °� • �i `., i�. die .t 1 f� •�; 4 � � a��+* ., as� C�,'� s. x : d ' � r Tm x "+w x -a RESTORING AND MAINTAINING STRAND VEGETATION AT `G'GMA The native habitat plants that have been out-planted are establishing them- selves and doing well. We intend to out-plant the rest of the plants and trees from the nursery as they mature, and continue with the maintenance at ' 'oma. 1' 14 y • All glid .. r a. J � mak:• sy H '}r/h �F ��#•�s .S f � � x 5 � �V, ddfww m"•��� e��r , �„�{�h� i4+ -'EI 4 r II �y •"" ��i,1 fM /.,? F�•"•,.,5'44 f`- R" i � ..��.- y. •y# f:, N i , .L k • f W dw . • a� til -, , s it f f a a i i i • i i i i • i • • • ,5 s 5 I J� �.��r" rr Y' �• gyp•" ."w' r .,f�-E r.: IT "44�: , 44, 41. Il��a�a • �,1I�'. 4 � v 'a .4 f y -y : ri #y ry h y .. INTERNAL REVENUE SERVICE DEPARTMENT OF TF:E TREASUP.Y DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 91755-7406 Employer Identificaticn Number: Date: JUL - 99-0316054 Case Number: 955110005 PROTECT KOHANAIKI 'GHANA, INC. Contact Person: P O BOX 592 JULIE Y. CHAN KEALAKEKUA, HI 96750 Contact Telephone Number: (213) 725-6619 Accounting Period Ending: December 31 Form 990 Required: yes Addendum Applies: yes Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501 (a) of the Internal Revenue Code as an organization described in section 501 (c) (3) . We have further determined that you are not a private foundation within the meaning of section 509 (a) of the Code, because you are an organization described in section 509 (a) (2) . If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an amend- ment to your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in ;:c::_ name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration cf S100 or more you pay to each of your employees during a calendar ::ear. -iou are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automaticall:i exem=_ from other Federal excise taxes. If you have any questions about excise, employment, or other Federal taxes, please let us know. Donors. may deduct contributions to you as provided in section 17: of he Code. Sequbsts, legacies, devises, transfers, or gifts to you or fcr ..our are deductible for Federal estate and gift tax purposes if they meet =^e applicable provisions of Code sections 2055, 2106 , and 2522 . Contribution deductions are allowable to donors only to the extent their contributions are gifts, with no consideration received. Ticks: pur- chases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circum- stances . See Revenue Ruling 67-246, published in Cumulative Bulletin. 1967-_ Letter 547 (::C __ -2- PROTECT KOHANAIKI 'OHANA, INC. on page 104, which sets forth guidelines regarding the deductibility, as char-- table har- table contributions, of payments made by taxpayers for admission to or other participation in fundraising activities for charity. In the heading of this letter we have indicated whether you must file For= 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25, 000 . However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $10 a da:: is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5, 000 or 5 p=er- cent of your gross receipts for the year, whichever is less . This penalty ma. also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employee= . If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use tha= number on all returns you file and in all correspondence with the Internal Revenue Service. If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because ::his letter could help resolve any questions about your exempt status and fcundation status, you should keep it in your permanent records. Letter 947 (DO =_ -3- . PROTECT KOHANAIKI 'OHARA, INC. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Richard R. Orosco District Director Addendum -4- PROTECT KOHANAIKI 'OHARA, INC. The effective date of this determination letter is February 12, 1991. BYLAWS OF the PROTECT KOHANAIKI OHANA This organization shall be known as the PROTECT KOHANAIKI OHANA The location of the principal office of this organization shall be in KEALAKEKUA, HAWAII, State of Hawaii. It may have other or branch offices in such places within the State of Hawaii or elsewhere as may be requisite or necessary for transacting the affairs or in furthering the purposes of this organization. PURPOSES This organization is organized exclusively for the protection and pres- ervation of cultural, spiritual, and environmental integrity of the coaste area of North Kona known as Kohanaiki. It's goals are as follows: 1 - Preservation and protection of indigenous Hawaiians to access, fish ar gather and participate in culturally relevant activities. 2 - Preserve and protect the many cultural and historical sites at Kohana- iki . 3 - Maintain and enhance the integrity of Kaloko-Honokohau National Park t protecting the Congressionally authorized Park boundary. 4 - Preserve and protect anchialine ponds, coastal and marine ecosystems. 5 - Protect endangered species at Kohanaiki. 6 - Promote balanced developmental planning. 1 i IV. MEMBERSHIP 1 . QUALIFICATIONS Anyone may join. Membership costs $3. 00. 2. ADMISSION: Eligible persons meeting the qualifications may become members by registering with the organization. The Board of Directors will establish rules and regulations for membership not inconsistent with these bylaws. 3. DUES AND FEES : The Board of Directors may establish dues and fees in accordance with the wishes of the membership and these bylaws 4. MEETINGS : A. An= - Annual meetings will be called by the Board of Directors. The purpose of the annual meeting is to review and to tal actions on annual reports, election of officers , and to conduct othe: business as needed. B. Special - Special meetings may be called by the Board of Directors from time to time as required. C. Notices - Notices of annual meetings shall be given to members at least 15 days in advance of the annual meeting. 15/30/60 Notices of special meetings shall be given to members at least 15 days in advance of the special meeting. 15/30/60 D. Quorum - The quorum at the annual meeting and at special meetings shall be MAJORITY of the membership . ., _., r., / /'ir3/4ths E . Voting Rights - Members shall have one(1) vote per member. Voting by proxy SHALL be permitted. shall/shall not V. DIRECTORS 1. POWERS AND SIZE : A. Powers - The Board of Directors shall conduct the busines: of the organization and shall accede to the wishes of the membership as determined at the annual meetings and special meetings. B. Size — The Board of Directors shall consist of no less than three(3) members and no more than 10 member indicate maximum number 2. ELECTION: Directors shall be elected by the membership at the annual meeting for terms of 5 years. indicate number of years 3. RESIGNATION, REMOVAL, AND VACANCIES : A. Resignation - A Director may resign from olffice providing notice is given to the Secretary. B. Removal - A Director may be removed from office by the membership at the annual meeting or at a special meeting by a vote of MAJORITY of the membership. The cause and decision for 2/3rds / 3/4ths removal shall be 'determined by an unanimous vote of the Board of 1. Directors at a duly called Director ' s meeting . The director in question may not vote on the question . C. Vacancies - The Board of Directors shall fill vacancies on the Board . Appointed Board members shall serve out the terms of those they have replaced . 4. QUORUM;: A quorum of the Board of Directors *shall consist of MAJORITY of the Board members. a majority/ 2/3rds/ 3/4ths 5. COW1ITTEES : The Board of Directors may from time to time form committees as it deems necessary. VI . OFFICERS 1 . OFFICERS : There shall be four(4) elected officers - President, Vice President, Treasurer, and Secretary. 2. QUALIFICATIONS : Officers shall be members of the organizatic and judged by the membership as being fit to serve . 3. ELECTION: Officers shall be elected at the annual meeting and may serve a maximum of two(2) consecutive terms of office. The term of office shall be for one(1) year . 4. RESIGNATION REMOVAL AND VACANCIES : A. Resignation - An officer may resign from office providin the majority of the Board of Directors accepts the resignation. B. Removal - An officer may be removed from office by an unanimous vote of the Board of Directors . The officer in question may not vote on the question . C. Vacancies - The President shall appoint a new officer in the event of a vacancy occuring . If a vacancy occurs in the President office of President , the Vice President shall serve as for the remainder of the term. 5. DUTIES : The duties of the officers shall be those normally assigned to the particular office and shall include others that are prescribed by the membership . A. President - The President shall be the principal officer of the organization. In general , the President shall oversee the business and affairs of the organization . The President shall be an ex-officio member of all committees and shall preside over all business meetings of the members and the Board of Directors . The President shall sign all contracts and other instruments authorized • deli be executed, unless the signing and the execution are expressly by these bylaws or by the Board of Directors , or are required by la, to be performed by some other officer or agent of the organization . The President shall perform such other duties as are incident to the office or required by the Board of Directors . B. Vice President - The Vice President shall assist the President and shall be an ex-officio member of all committees . In ident shall assume the the absence of the President , the Vice Pres Owers and duties of the President . In case of vacancy in the me p beco office of President , the Vice President shall automatically President and serve the unexpired term of the predecessor in offic C. Secretary - The Secretary shall (1) keep the minutes of meetings of the members and the Board of Directors , (2) see that all notices of meetings of members and the Board of Directors are given as required by law and by these bylaws , (3) ensure the proper maintenance of the organization ' s records , (4) keep a membership roll containing the names of all members of the organization , ( 5) sign with the President , all contracts and other instruments authori� to be executed, unless the signing and execution are expressly delegated by these bylaws or by the Board of Directors, or are requi: by law to be performed by some other officer or agent of the organiz The Secretary shall perform such other duties as are incident to the office or required by the President. D. Treasurer - The Treasurer shall (1) have charge and cus of and be responsible- for all funds and securities of the organizati (2) ensure the proper keeping and maintenance of the organization' s books of accounts, (3) assure that all monies and funds of the organization are deposited to the credit of the organization in sucl banks or other depositories as shall be designated by the Board of Directors, (4 ) make certain that all payments and disbursements or the organization ' s funds are for organizational purposes and as directed by the membership or the Board of Directors , (5) see that all expenditures are duly authorized and are evidenced by proper receipts and vouchers , (6) receive all monies and funds paid to the organization , (7) make to members at the close of the fiscal YE r and at such other times as directed by the Board of Directors such reports and financial statements regarding the finances of the organization, and (8) in general perform all such other duties as are incident to the office of Treasurer and as may be assigned by the President . The organization' s books and accounts shall be open at all times for inspection by any member of the organization and shall be audited from time to time as required by law or as directec by the Board of Directors or the membership. 6. SUBORDINATE OFFICERS : The Board of Directors may from tim to time employ such subordinate officers and employees as the affai of the organization may require at such salaries and on such terms and conditions as the Board of Directors may determine. VII . ROBERT'S RULES OF ORDER- Robert ' s RDERRobert ' s Rules of Order, newly revised, shall govern the proceedin of all meetings of the organization and its constitutent parts , except as otherwise provided in these bylaws. VIII . EXECUTION OF INSTRU'.SENTS All checks , drafts , or other orders of payment of money, notes or other evidences of indebtedness issued in the name of the organiz shall be signed by the President and the Treasurer. The Board of Directors may expressly delegate the authority to sign such instr and other organizational documents to some other officer or agent s s agents of the organization . The delegation of authority to sign may be general or confined to specific instances . IX. FISCAL YEAR The fiscal year of the organization shall be from Beginning N ARlate to DECEMBER 31 Project years may vary depending upon the concluding date respective funding sources . X. COPPORATE SEAL The President shall be the keeper of the organizational seal and shall use it on all official documents of the organization . XI . AMENDMENTS Amendments to these bylaws shall be submitted by members to the Board of Directors. Amendments shall be in writing and must be submitted 7 days prior to an annual membership meeting or 7/14/21/30 a special meeting called for that purpose . All amendments shall require a MAJORITY vote of the members present at a member 2/3rd / 3/4ths meeting. XII . NONPROFIT The organization is not organized for profit and it shall not iss • 'any stock, and no part of its assets, income, or earnings shall inure to the benefit of or be distributed to any of its members , directors , or officers, except that the organization may pay reasonable compen- sation for services actually rendered to the organization or its program and/or projects. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation , and the organization shall not participate in, or intervene in any political campaign on behalf of any candidate for public office . Notwithstanding any other provis: of these bylaws, the organization shall not carry on any other activities not permitted to be carried on by a organization exempt from Federal income tax under section 501( c)(3) of the Internal Revenue Code of 1954 , or the corresponding provision of any future United States Internal Revenue Law, or by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1954, or the corresponding provision of any future United States Internal Revenue Law. XIII . DISSOLUTION When the organization ceases to fulfill its stated purposes, the Board of Directors may declare the dissolution of the organization at a membership meeting . The members present at such a meeting shall vote on the matter . A 2/3rd vote shall be required 2/ rd / 3/4ths to dissolve the organization . Six(6) months after the vote of dissolution and the payment of all -1-%licatinns_ the Board of Directors shall donate remaining f ■ funds and other assets to other nonproft organizations tax-exempt under section 501(c) (3) of the Internal Revenue Code. 2 Zo 9I r Date df corApilation 2-) 2- lel I Date of Ratification by membership Date of amendment Date of amendment Date of amendment FIRST ADDENDUM TO BYLAWS OF KOHANAHU `GHANA This First Addendum To Bylaws of Kohanaiki Ohana is made on January 22, 2014 pursuant to Article XI of the Bylaws of Protect Kohanaiki Ohana dated February 20, 1991 during a Special Meeting of the Membership was called by the Board of Directors of Kohanaiki Ohana on January 22, 2014, which special meeting was duly noticed on January 7, 2014. For the purpose of conforming to the Articles of Amendment to Change Corporate Name filed in the Department of Commerce and Consumer Affairs of the State of Hawaii on December 23, 1999,which changed the corporate name from"Protect Kohanaiki Ohana"to "Kohanaiki Ohana",this First Amendment shall be referred to as"First Amendment to Bylaws of Kohanaiki Ohana". The Board of Directors have elected to amend the Bylaws of Protect Kohanaiki Ohana, a Hawaii Non-Profit Corporation, dated February 20, 1991,by adding clauses entitled "Conflict of Interest" and"Nepotism" for the purpose of complying with eligibility requirements for non-profit grant processes, which sections shall read as follows: CONFLICT OF INTEREST. No action taken by a Director or Board Member will result in measurable direct benefit to him or herself. When a Director or Officer has a financial or personal interest or a potential appearance or conflict of interest in any matter coming before the Board of Directors, that Director or Officer shall: A. Fully disclose the nature of the potential interest; and B. Withdraw from discussion, lobbying, and voting on the matter. Any transaction or vote involving a potential conflict of interest shall be approved only when a majority of disinterested Directors determine that it is in the best interest of the Corporation to do so. The minutes of meetings at which such votes are taken shall record such disclosure, abstention and rational for approval. NEPOTISM. There will be no appointment of persons to positions on the basis of their blood or marital relationship to the appointing authority, rather than on merit or ability. If a family member of a Board Member is interested in a position that person should apply through standard channels. No immediate family member of a current staff member will be considered for a position wherein one member would have supervisory duties over the other. Affidavit of President This First Addendum was submitted for consideration by Rebecca Villegas, President of Kohanaiki Ohana, at a duly noticed Special Meeting of the Membership held on January 22, 2014 where a total of five (5) members were present. This submitted amendment was adopted with five (5) votes in the affirmative. 1 � Kailua-Kona, Hawaii, January 22, 2014 C RfbECCKVIWEGAS, President STATE OF HAWAII STATE PROCUREMENT OFFICE CERTIFICATE OF VENDOR COMPLIANCE This document presents the compliance status of the vendor identified below on the issue date with respect to certificates required from the Hawaii Department of Taxation(DOTAX),the Internal Revenue Service,the Hawaii Department of Labor and Industrial Relations(DLIR), and the Hawaii Department of Commerce and Consumer Affairs Vendor Name: Kohanaiki Ohana DBA/Trade Name: Kohanaiki Ohana Issue Date: 08/28/2018 Status: Compliant Hawaii Tax#: New Hawaii Tax#. FEIN/SSN#: XX-XXX6054 UI#: No record DCCA FILE#: Status of Compliance for this Vendor on Issue date: Form Department(s) Status A-6 Hawaii Department of Taxation Compliant Internal Revenue Service(Compliant for Gov. Contract) Compliant COGS Hawaii Department of Commerce&Consumer Affairs Exempt LIR27 Hawaii Department of Labor&Industrial Relations Compliant Status Legend: status Description Exempt The entity is exempt from this requirement Compliant The entity is compliant with this requirement or the entity is in agreement with agency and actively working towards compliance Pending The entity is compliant with DLIR requirement Submitted The entity has applied for the certificate but it is awaiting approval Not Compliant The entity is not in compliance with the requirement and should contact the issuing agency for more information of °oo o ° o ° o ° o ° o ° o ° o o� ° Department of Commerce and Consumer Affairs CERTIFICATE OF GOOD STANDING I, the undersigned Director of Commerce and Consumer Affairs of the State of Hawaii, do hereby certify that KOHANAIKI 'GHANA was incorporated under the laws of Hawaii on 02/12/1991 ; that it is an existing nonprofit corporation; and that, as far as the records of this Department reveal, has complied with all of the provisions of the Hawaii Nonprofit Corporations Act, regulating domestic nonprofit corporations. IN WITNESS WHEREOF, I have hereunto set �OV"C E AIVa my hand and affixed the seal of the �o QO Department of Commerce and Consumer o (PAffairs, at Honolulu, Hawaii. W Dated: August 26, 2020 � n Cr a a 0 a O ro ST AT F O F H Director of Commerce and Consumer Affairs To check the authenticity of this certificate,please visit:http://hbe.ehawaii.gov/documents/authenticate.html Authentication Code:371349-COGS PDF-82902D2 r Department of Parks & Recreation A,u . i Center 1,01 Pauahi Street, Suite 8 Hilo, HI 6720 Telephone: (808) 96:1-8311 PONC STEWARDSHIP GRANT REQUEST 1 1 1 A. NAME AND ADDRESS OF ORGANIZATION: Na Maka Halaa 0 WWaipio _......... _------- --_.._._ ._...- _ ...._... fP.O. Bax 10,664 ........ ........ _ m_e.___...�.m_. .�m...._ .__..... Hilo, Hawail, 96721 B. REQUIRED DOCUMENTS: II Non-profit (501(c)(3), HIS letter of determination 1 JCopy of organization byhiws and mission statement : CCDCCA Certificate of Vendor Compliance � E Phone No: m8 2221 . Mobile: ...808 937-0823.�.w.. Ema f. Ares amakah la oa .i iv . . � �@ aii.cm i to D. PROJECT PERIOD: r E. PROJECT ARE�A: Pohoiki Page I I BUSINESS .N . PROPOSAL (Detailed plarr can be attached to application): See att �ached r Page I 3 IL PROJECT DESCRIPTION A. Location of Project: Pohomki B. Number of Persons Who Will Benefit: 50 C. Project Descr ration (Give a brief description of the work that will be done with the funds requested, irrcluclirx a tirr'tefrycrme and activities to acycornplish stated put-pose. Additional pages may be attached): Project monies are being requested to provide as ( ) Project Managers etre to oversee overall operational management ___.cf r i `ng and-colter-tiny ori-gairrg'-data,-Tna*mteriarice of areas,, and providing communication to community, The team that works with all components of Stewar-d-sh—ip rogram. o v�r....itl' be the communicator for the financialobligations of each project. Project Managers @ $2000 per month for 12 months LMA w% h eations by Leiana LLC, contracted to @ 9)-d I cultural training, cultural SOP methods of resource rnanag�ement, and cultural consulting throughout the duration of CulturalResource Management Services @ a1,000 per month for 12 months Total Budget: $12,000 ( ) Contracted Project leaders, to lead projects of study specific to expertise, Leaders will lead their team thru the processes of the study„ --pr v1die a monthly-summary and annual report (4) Project Leaders m' gg per month for 12 months otal budge ,OUU Equitment for ro'ect studies to include test kits serve quadrants,ants„ drones, computer programs, o m�m uter, arm sup- ies associated wit h project studies, Total Budget-,S10,000 Operational Equiptment to include a all terrain vehicle„ ocean safety Pau jp1m f, rental maintenance .t.._f_powpi- t� ols-w r.k cannny _ power tools, hand tools, and supplies. Na Maka Hlaloa C Waipio Administration fee for processing, ins Olt kpARINEINT 01" PARXS & R1ICRE°+ TI4':N 111. PERMITS/APPROVALS REQUIRED A. Environmental Assessments (EA' ): LB 13. Special Management Area (SMA) Permit: yg C. tither: TBD DEPARTMENT OF PARKS & IRE(,"..REA,riON Pagex5 -TV. . PROJECT BUDGET A. Budget Details PROJECT APPLICANT OTHER AMOUNT BUDGET STIP. E RESOURCES REQUESTED TOTAL Project Mlanager(2) Operations/Maine. $24,000 lnkind 48,000 $72,000 Crrntratrar Hawafian $12,000 $12,00024 �tl Creations, LLC inklnd Project Leader �.�....__. ._...._ .._ 4o Contracts 24, 00 $24,000, 4Hg (unkind) Equiptrnent for � 10,000 _ m....._ Preiect Studies $ 10,0100 Operational Eguptrnent ,000 '$15,000 $20,000 Na Maka 'Haloa Adinstratien (Fees � $10,900 $ 15,900 $. I 5,000 Total $5,000 unkind $119,900 $ 189,900 11age (I �._ v_.._ _..mm....m.. .... ...W._... ....— — --- — — i . . .. _.. _........ V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization use attachments uiliere appropriate): Na Maka Haloa 0 Waipio was incorporated January !999 by the bate E rd light_bi rr,,II."Hilo. His focus was to restore areas of HawaiTs resource, educate communities on restoration and culture, and provide ways of sustainability, At the time a incorp6ra ion, the communi y o pd"V511e' WWbrd r s irr—aria patches and waterways that went up the valley into Waimea. What was a start of -one--spa4u-rned 4ntmmt e,--h alt ,and.jvveRof revita at nr-of"water resources and the vital ecosystems within. Fortunately, situation moved intoorkinmg,with.. fir murine _t :...r tore vital resources mon l .a r°i_..Island. Nallaka Haloa O aipio haus partnered with various non-profits and hosted educational programs that are aligned with our mission and vision. Edith Karract aVe— oundat on hasspartnered- torr to ad-based tional sites throughout Hawaii Islandand on the Island of Kaho'olawe, Na Maka Hatoa..then.hosted.a.. am Pa!,a,that_foc on education in Hawai'i's incarceration facilities. Ke Kahua Pa'a worked closely with Prision Administration to bring traditional education and culture fay w,rrm ds in awai i an Sri d.W6� bI;Ca H6loi ��"�aM io, fi rT t 1 years hosted Kuulu Kumuhana 0 Fauna„ a program for youth and families to Iearn r Rt-ani-ul fe-o€. uea-.--W h-t I were able to work with UHHilo Marine Sciencs dept„and HCC Hawaiian lifestyles -pr gram ------ to bring education into the Puna community to enhance Puna"s resources of Wd le, of uQhrive ncial B. Oup 41 porPP Main resources has been of grants, donations and fundraisers. +lost-.racent..are County grants from contin encfunds anddonations of community and social media efforts„ C. Please lint prior projects successfully completed: f.. Kukulu Kumuhana 0 Puna summer program for family and children 2. Restoration of 'opae ula ponds in tuna 3. Restoration of Ohi'a trees in Ola'a forest area Page 7 0 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds. *(,ertificate of insurance ;hall be required with county of Hawa 'l named as additional insured,. VOr ana.✓ation shall provide annual report which shall include accomplishments, financial statements including but not linlitod to report of grant expenditures, and status of overall project.. i r Page 8 t., hl Jq A STATE OF HAWAII STATE PROCUREMENT OFFICE CERTIFICATE OF VENDOR COMPLIANCE This document presents the cormpliance status of the vend''or identified i below on the issue date with respect to certificates required from the Hawaii Department of Taxation(DOTAX),the Internal Revenue Service'„the Hawaii Department of Labor and Industrial Relations(DI-11R),and the Hawaii Department of Commerce and Consumer Affairs Vendor Nam:, NA MAKA HALOA 4 WAIPIO Issue 02/20/2019 Staws: Compliant Hawaii Tax#: New Hawaii Tax#: GE1570488' ' 001 FElNIS N##: XX-XXX' 5'70 UNI##: No record IDCCA FILE##: 114511 Stallms of Compllance fear this Vendor on Issue date: Furan Department(s) statuis A-6 Hawaii Department of"TaxationCompliant Internal Revenue Service(Compliant for Gov.Contract) Compliant COGS Hawaii Department of Commerce&Consumer Affairs Exempt LIR27 Hawaii Department of Labor&Industrial Relations Compliant Stili Legend: Status Desedpillon Exempt The entity is exempt from this requirement Compliant The entity is compliant with this requirement or the entity is in agreement with agency and actively working towards compliance fending The entity is compliant with DDR requirement Submitted The entity has applied for the certificate but it is,awaiting approval Not Compliant The entity is not in compliance with the requirement and should contact the issuing agency for more information I- li F +� • 0, 66 a40 o, Department of Commerce and Consumer Affairs CERTIFICATE OF GOOD STANDING NA the undersigned (Director of Commerce and Consumer Affairs of the State of Hawaii, do hereby certify that NA MAKA HAL A 0 WAIIPCr was incorporated under the lags of Hawaii on 02/11/1999 ;. that it is an existing nonprofit corporation; and that, as far as the records of this Department reveal, has complied with all of the provisions of the Hawaii Nonprofit Corporations Act, regulating domestic nonprofit corporations. IN WITNESS WHEREOF, I have hereunto set AV my hand and affixed the sear of the CIO 0. Department of Commerce and Consumer Affairs, at Honolulu, Hawaii. 0 ire Dated: August 27, 2020 0 F Director of Commerce and Consumer Affairs Tocheck the authenticity of this certificate,please visit: h Lp:lthbe.eha-awaa., ,c ate.lit:,inI AuthentiGabon ode: 37t4`i5 (,'.(,',S PDF-1146:1.1J2" i h, rc 9 /* DEPARTMENT OF THE TREASURY " INTERNAL p. 0,, Bill(' 2508 CINCINNATI, B 45201 Employer Identification Number: 91-207'9670 Da to:JUN 2 7 2001 l : 1.7 51151 060 1 14AmAKA A Contact Berson O ( SON o l E B po OX 40011 Contact Telephone Number: HILO, U1 96720 (877) 829-5500 Accounting Period Ending: December 31 Foundation Status Classification: 509(a) (1) Advance Ruling Period Begins: February 11, 1999 Advance Ruling Period Ends: December 11, 2003 Addendum Applies - No Dear Applicant: Based on information you supplied and, assuming your operations will be as stated in your application for r:-cognition of exemption, we have determined you are exempt from federal in(:oxme Lax LaIder section 50'1(a) of the Internal Revenue Code asan organization described in section 501(c) (3) . Because you are a newly created organization, we are not now making a final determination of your foundal-i,.)n status under section 509(x.) of the Code.. However, we have determined that you can reasonably expect to be a publicly supported organization described in sections 5o9(a) (1) and. '170(b) (1) (A) (v"'i) Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private :foundation. This advance ns and ends on the dates shown above. ruling period begi Within 90, days after the end of your advance ruling period, you must send us the information needed to determine: whether you have meet the require- ments of the applicable support test during the advance ruling period.. If you establish that you have been a publicly supported organization, was will classl D y« you as a section 509 (a) (1) or 509(a) ( ), organization as long as you continue to meet the requirements of the applicable support test, if f e you do n meet the public support re irerments during the advance ruling period, i classify you as a private foundation for future periods. Also., it we classify you as a private foundation, we will treat you as a private foundation from. your beginning elate .for purposes of section 507 (d) and 4940. Grantors and contributors may rely on our determination Haat you are not a private foundation until 90 days after the end of your advance ruling period. 1f you send us the required within the go days, grantors a nd contributors maycontinue to rely on the advance determination until was make Tetter 1445 (DO/CG) 1 r BY-Laws o .IVa aka Moa Art le h Nmga ftum and Seal l.lO a; re The name of the corporation is Nit Maka HdIoa. 1.20 Purpose The purpose of the corporation is (a) the preservation and restoration of indigenous Hawaiian. culture, faring traditions, fishing practices, and hula; and (b) transacting all lawful activities permitted nonprofit corporations pursuant to Hawaii.Revised Statutes Chapter 4158. 1.30 Non-profit The corporation is organized exclusively for charitable, religious, educational and scientific purposes,including, for such purposes,the making of distributions,to organizations that qualify as exempt organizations under section 501(c)(3) of the internal Revenue Code, or the corresponding section of any future federal code. 1.40Corporate Seal The Corporation shall have no seal. Dire .10 Board of Directors The property and affairs of the corporation shall be managed by ar Board of Directors consisting of three members, The Board of Directors shall exercise all lawful authority for that purpose. At least one member of the Board of :Directors shall be a resident of the State of llawai'i. t 2.20 Meetings The Board of Directors, shall have an annual meeting in the County of Hawai'i, State of Hawaii, on the first Monday of the second quarter of each year (or at a place and on a date proximate thereto, as selected by the prior agreement of all directors), and may have additional meetings at such other times and places as appropriate. If necessary, any meeting of the Board of Directors may be held by a telephone conference. 2.30 Quorum Three directors shall constitute a quorum. In all matters, the members of the Board of Directors shall strive to obtain a unanimous consensus, but, lacking a consensus, a majority of the directors present at any meeting where there is a quorum shall rule. 2.40 Election New directors will be elected by their predecessor members of the Board of Directors at an annual meeting, to serve until their successors are elected. Directors may succeed, themselves in office. 2.50 Term Each Director shall be elected for a term of two years. 2.60 Vacancies The remaining member or members of the Board of Directors,even if less than a quorum, shall designate new directors to serve the rest of the unexpired terms of any 'vacancies arising on the Board of Directors between elections held at annual meetings. 2.70 Notice Notice of any meetings of the Board of Directors shall be given by written notice mailed by any director at least ten days before each such meeting, except that the directors may waive such notice and act at any meeting or otherwise as permitted by the laws governing nonprofit corporations in the State of Hawai'i. 2 3.10 Election At the annual meeting, when there may be vacancies in corporate offices, the first order of business for the Board of Directors shall be to elect the officers of the corporation. The officers of the corporation shall consist of a president, a vice-president, and a secretary- treasurer. Officers shall serve one-year terms and may be elected to succeed themselves in office. 3.20 President The President of the corporation will preside at meetings of the Board of Directors, and shall have the power to sign contracts, notes, minutes of meetings, and all other instruments approved by the Board of Directors. The President may appoint for a specified term any qualified person to any standing or special committee provided by these by-laws or established by any resolution of the Board of Directors. 3.30 Vice-President The Vice-President shall assist all officers, as necessary, to assure the fulfillment of the purposes of the corporation. In case of the absence of the President from any meeting of the Board of Directors,the Vice-President will preside. 3.40 Secretary-Treasurer The Secretary-Treasurer of the corporation will keep minutes of all meetings of the: Board of Directors and shall maintain the general records of the corporation and undertake such acts as may be necessary to keep the corporation in good standing in the State of Hawaii and in any jurisdiction approved by the Board of Directors for the conduct of corporate activities. The Secretary-Treasurer will also keep the financial books and records of the corporation, and report upon same to the Board of Directors at least annually. The signature of both the 3 'rtr M" �vti Treasurer and also the signature of any other officer crust jointly appear on all check issued on any account ofthe corporation, Any,payment or allocation of corporate funds or resource must be approved by the ward. of Directors either specifically or as an item of an authorized budget or a purpose established by a resolution of the Board of Directors and designated for expenditures.. Cry t 4.10 Members The corporation shall have no members. 4.209 Committees The Board of Directors may establish by resolution any standing or special committees that may be deemed necessary in the exercise of their discretion. 4.30 Governance The goveniance of, qualification for and terms of membership, duties ,and direction of all corporate committees shall be established by such guidelines as may from time to time be set forth in resolutions of the Board of Directors. fru kck V I—nd noun 5.10 Generally The corporation may indemnify the members of the Board. of Directors, all corporate committees, and corporate agents and employees to the full extent allowed by laws governing, nonprofit corporations in the,State of llawa `i. . 0 Bonds and Insurance The Board of Directors may obtain such bonds and insurance as may be deemed appropriate in its discretion to accomplish indemnification and related purposes. 4 ii Ruy ^� a Art1cle'_i Misctilaw,Mus 6.10 Fiscal.Year The fiscal year of the corporation shall be the calendar year. The Board of Directors are empowered to determine an alternative fiscal year by resolution, 6.20 Amendment of Articles of Incorporation The Articles of Incorporation may be amended according to such procedures as are provided by the laws governing nonprofit corporations in the State of Hawaii. 6.301 Amendment of by-laws The by-laws may be amended by a resolution receiving the affirmative vote of not less than. two-thirds of the directors following written notice of not less than ten days setting forth the proposed amendment. 6:40 Dissolution. Dissolution of the corporation may be accomplished as provided by the laws governing nonprofit corporations in the" State of Hhwai"i, as limited by the Articles of Incorporation. CeiWflcadon I hereby certify that the foregoing by-laws of Nd Maka Hd1oa were adapted by the initial Directors at their organizational meeting held on the lith,day of February 1999, and were ratified by the first regular Board of Directors at their meeting held on the tart, day of February 2001. DATED I•Iilo,Hawai,'i, _,��' ��a2001. Pil:ialoha.Johnson i Secretary-"Treasurer i I,I www.BUSINESS REGISTRATIONS. OM Internet FORM X-7 021324 2648718 712012 Nonrefundabie Piling Fee $25 00 STATE OF HAWAII, DEPARTMENT"of COM MERE ANIS CONSUMER AFFAIRS Business Registration Division 335 Mlerehant Street Marling Address: P o Box 40, Honolulu, Hawaii 96810 Phone No(808)586-272.7 STATEMENT OF CHANGE OF REGISTERED AGENT BY ENTITY (Section 4258-7, Hawaii Revised Statutes) PLEASE TYPE OR PRINT LEGIBLY IN BLACK IN The undersigned certify as follows: Represented Entity (that wishes to change its registered agent) 1. Specify represented entity type, please check one: Profit Corporation ® Nonrofit Corporation[] General Partnership Limited Liability Partnership I ® limited Partnership 5 Limited Liability Limited Partnership 0 Limited Liability Company 2. The name and state/country of incorporation/formation or organization of the represented entity is: INA MAKA HALOA HAWAII ("type(P'rrnt Entity Name) (State or Country) Current Agent Information . a. Name of its current registered agent: r PILIALOHA,JtHNSN b, Street address of agent's current office in this Mate: 1300 ULULANT STREET,, HILO, HI 96720 00 New Agent Appointment ono 4, Name of the entity's, new registered agent after the change is: ANNAMARIE KON ('TypeTnnt.Name of Agent) (State or couantry,of Agent is an Entity) 5. Street address (Including number, street, city, state, and zip code) of new, registered agent's office in this State after the change is: P 0 BOX 10664, HILO, HI 96721 IDSA 6. The appointment of a registered agent in this statement is an affirmation by the represented entity i that the new agent has consented to serve as such. I/we certify under the(penalties of Section 414-20, 414D- 425-1«fir 426-172, 425E-208 and 428-1302, l Hawaii( Revised Statutes, as applicable, the I/we have read the above statements, I/we are authorized to make this change, and that the above statements are true and correct. 13 FEBRUARY" 20,20 Signed this day of PILIALCIHA,JOHN'SON,AGENT (Type/Print Name&Title) (Type/Print Name&Title) i PILIALOHAJOHNSON r r (Signature of Officer) (Signature of officer) i i Na Maka Haloa O 'Waipio Executive ummar ► for, P NC Stewardship Grant Request Na Maka taloa 0 'mo i its Na Maka flaloa 0 Waipio (N'MH) is a 50IC3 based on the island of Hawaii. T mission of Na Maka Haloa 0 Waipio is the preservation and restoration of indigenous Hawaiian culture through farniing traditions, fishing practices, and hula, to enrich the communities of Hawaii, Na *l"v :ak:a l taloa 0 Waipio has been supportive and active on Hawaii island for over three generations, as part of their activity, they have hosted K:.lrk:u fti K n uhana 0 Puna (KKOP) for 15 years. KKOP is a community-based program servicing youth and their families in puna for 27 years, (see brochure 1. Na M'aka l-laloa o Waipio was able to support KKOP in participation in a two-year baseline fishery study (2010-20112 j that implemented cultural and scientific methodologies along h the coast and inland areaof Keauhou Afi, with s � ua, Kaim p I al pang, and K.eahral.aka. The study was in partnership with. the Hawaii Community College Lawai`a Program, the K.alapana y of Hawaii at C-Elo urine Fishing Council, the University Science Program, and Volcano National :Park as well as lila t Maka hialoa o Waipio. As a working partner in this project, Na Maka Haloa c Waipio, has the ability, partners, and sensible p y connections to implement the proposed project, l +Overview of l r(�ject The proposed project entitled ` Pohoiki Stewardship" under Na Maka Haloa o Waipio is to provide ' y ude culturall and. scientifically sound ways to stewardship. The project will involve stakeholders of the area, community groups, youth, families, and. other interested parties both in. Puna and other Hawaii. communities. This proposed plan is to study, research, and. collect beth ocean and land data in the first quarter. This will provide oversight for proper and conducive resource management which will provide guidelines for stewardship based on area(s) resources. As the opportunity of stewardship is ,granted we will create our, i w year into monthly operational team., research teams, and plan our �. y and quarterly incremental project goals. We will schedule the enure year with the culmination of scientific and cultural study goals. We will also formulate ideas to develop and create a. "how-to" guide, and teaching tools to teach others best resource management practices. Month one to four will be building out datacharts, teams and organizing methods to conduct research,. and cultural education and training. Month four through seven will be refining quantitative data, a culmination of community involvement, mini projects for community learning, exposing the community to ,goals and ambitions of Na Maka Haloa I Waipio. The implementation of cultural and environmental data will tape shape. Month eight through helve willbe implementing plementing soli tions and recommendations for future sustainability.. Making the ideal model for success is the final goal, A comprehensive compilation of all the research shall be organized in an easy to comprehend format including; accomplishments, financial statements including,, and not limited. to report of grant expenditures, and status of the overall project successfully implemented, and to be delivered to the County of Hawaii, Department of Parrs and Recreation at the expiration of the stewardship. Goals Na 1" aka Ha.loa 0 Waipio will: 1 .) Provide educational opportunities through partnerships with. families and other organizations as well as businesses for the Pena community in an effort to aid in the future sustainability of resources. 2. Provide a platform of information e , Flyers, booths for "pop up" informational site, signage, inormational Storyboard for all visitors to the area to learn the history of the place as well as best practices for environmental wellness in the area. 3. Provide Data collection and analysis of environmental. resources of Pohoiki project areas.. . Deport monthly summaries, qualitative finds, and annual. overview.. l The Standard Operational Procedures will he inclusive of marine and inland areas data collecting will include ponds, ocean, native foliage, and clean water resource information. Four scientific researchers and their teams shall compile data during the first year, to create a goring, model and footprint that integrates -Hawaiian cultural practices to provide relevant and sensible methods for stewardship for example; managing reserves, assets, and resources. Timeframe as follows: Month 1 - a.. Secure county funding h. Gather communities c.) Work with interested parties I d) Design Standard Operational. Procedures (SOP) c. Procure needed supplies and, contracts f. Teaching communities Month -7 a.. Teaching communities h. Implementing Standard, Operational Procedures c.) Marine and Land surveys with cultural practitioners, educators, scientists, and. community. Month 1 a.) Teaching communities h. Implementing Standard Operational Procedures c.) Marine and. Hand surveys with cultural practitioners, educators, scientists, and.. community. . analysis of data and report l The :Problem `Currently, there is a lack of new scientific studies or none his been done since the recent lava flow. This means that there is no solid resource management plan in place to guide the stewardship of Pohoiki. The solution. Na Maka Hal.oa 0 Waipio seeks to protect, revitalize and create a collective understanding of the resources of Pohoiki and it"s people® Pohoiki has undergone profound changes, with the recent flow. As caretakers and stewards, we must understand the profound historical implications and changes of our resources, Na Maka l-taloa 0 Waipio realizes that the ftatu:re of this ever- evolving community depends upon the implementation of and. reinvigoration of ingenious, cultural, resource management practices Keys to Success Our partnerships and collaboration with the community are the keys to success. We are participating in dynamic ways to work together for our future. The project oversight shall be contracted. to, Hawaiian Creations by Leiana. LLC. The community will be Lead, by Graduates of UH Hilo and residents of Puna Project Mangers will be guided by generational families of Pohoiki and. Keahialaka.. ........ Opportunities for Investnentpartnership We humbly request the monetary grant amounts as requested on. page h of the PN ' application. This will enable Na Maka Haloa 0 Waipio the opportunity to create efficient solutions for stewardship. We have connected and reached out to other organizations, families, stakeholders, and schools to be part of Pohoiki stewardship projects and the recipients of the knowledge during our monthly community project days. We are dedicated to community, education, and the natural resources of Hawaii. The data and baseline studies shall be conducted under the guidance of experienced, knowledgeable Hawaiian practitioners, Community scientists, and educators who will. provide a report at the end of one year that delivers an in-depth,. broad scope portfolio of neva scientific research regarding this special environment. We hope that the knowledge gainedserves as the model andfootprint for future studies and stewardship.. Our future must include healthy, thriving, protected resources that sustain the future of this important Hawaiian landmark. Na Maka Haloa will find the balance with nature, culture, and modern scientific data to promise that future Leila Kealoha Ke Aloha "Rina Foundation„ LLC 13-3749, Old Kalapana Road Pahoa, HI 918778 (898) 965-1188 kealainallc&rngil,coM RE: Pohoiki County Parcel, PONC Stewardship proposal August 28, 2020 Ke Welina Mai, My name is Leila Keal'oha and I am the founder of Ke Aloha `Aina Foundation, LLC. Our objective is to help Hawaii's people in resource management through Hawaiian Cultural approaches. I was barn and raised in Duna and along the Puna coastline. l come from a generational family that are I,awai"a or fishermen of the Pohoiki area. I am also a person who is devoted to the forest and al'l that it entails. My kuleana for my business is to propagate and repopulate our island ecosystems with native and Hawaiian culturally significant plants. We also help and support entities, individuals and organizations through consulting, management plans, proposals and the implementation of resource management. The area of Pohoiki has seen many changes and it needs to have the local community involved in the stewardship of the area. We are thankful that Uncle Skibbs has been a contributing member of taking care of the area. We also look forward to the transfer of kuleana to the `ohana of the area of Pohoiki. My heart and mind have always had P'ohoiki on the forefront, I am writing this letter of support for Na Maka Haloa €3 Waipio for their endeavors of the Pohoiki stewardship Proposal. This organization is driven by"ohana of the Pohoiki area and should be the primary contributors to overseeing and caretaking the "Aina of Pohoiki. The stewardship of this area is highly dependent upon the care of the rare and threatened forests found along this coastline, as well as, the Kai. My educational background consists of an AA in Liberal Arts, an AAS in Tropical Forest Ecosystems and Agroforestry Management(Forest TEAM), a teaching license in: grades 6-12 in Science and Career and Technical Education, a BS in Environmental Studies, and a MA in Educational Administration. I also serve on the Forest TEAM Advisory board at HawCC, the Puna Community Development Plan Action Committee, the K=laue,a Recovery Task Farce and I am the president of the 501 tcj, 3 KAPONO. I am a teacher at Kua 0 Ka La PCS and II teach science„ projects and Hawaiian studies, as well as, manage our satellite sites in Puna. I work with projects that implement Malama `Rina or taking care of the land. My focus is to teach practical skills to students in the areas of resource t identification and management through a Hawaiian cultural lens. Poho ki has always been a part of our area of practice and a place where our students have been a park of the process of M'alarna `Aina. Ke Aloha "Aina Foundation commits to 89 hours of volunteer service to this project at a rate of 5/hour, $2,289 total. This in-kind service will help to contribute towards the efforts of Na Maka Haloa 0 WWaipio, to fulfill the goals of the stewardship of Po'hoiki. Please feel free to contact rine if you have any questions. Me Ke aloha purnehana We Leila Kealoha FounderICEO Ke Alohia 'Aina Foundation, LL (808) 9137-7991 cell (808) 988-1188 business Kea lohgain allc ornall c g rn 1 r I' J 0 i i i Department of Parks & Recreation upuni Center 101 Pauahi Street, Suite Hila, III 96720 Telephone: (808) 961-8311 PONC STEWARDSHIP GRANT REQUEST A. NAME . S OF ORGANIZATION: Na Mamo, 0 Kawa. PO Box 1186 Hilo, I 96720 B. REQUIRED DOCUMENTS: • Non-profit (501(c)(3), IHS letter of determination • Copy of organization bylaws and mission statement CCA Certificate of Vendor Compliance C. PERSON TO CONTACT: Pueo Kai MQGjjire Phone o. _j3 -282 1 ]' elle: same Email .dress: thebigislandlawyerftmail.com July 1, 2021 D. to June 30, 2022 Kawa, Hil a Ild, Hilea Nui and Kaalaiki,Kau District. E. PROJECT AREA: 'MKs; 3-9-5-16: and 025; 3-9-5-17.0005 and 0007 l.IEPAWIAANT OIC° PARKS i RECREATION Page I. F. PROJECT COST Applicant share: $77,500 Other resources-, z Amount requested: $ 23,500 Total Project Cost: 2oa, G. T ICS I The a pplicaut certifies that the information contained in this application is true and correct to the vest of hislherknOwledge. m OFAUTHORIZED OFFICIAL: Pueo Kai McGuire TITLE AU'YT ORI EDOFFICIAL: rd Chairman SIGNED: �" 813012 20 Who to contact with any questions? P.Kai McGuire-(8os) 6-2821-thebigislandlawyer@gmafl.com Include Map of Maintenance Area. EPA,RTl F,NT"OF PARKS &I3EC EATfON Page 2 RC-081',9 2329OOmE. 2335OOmE, 34100m E. 2347OOmE, W'GS84 Zone- 5Q '236J-010-E, ° 4 a ! "" p n r ���lr� ' i ia�fs �.,��� i,�ow� u" 'r d ,� "��� r�• , �, Cir ✓ rrr rri � � �' � �"�7 "� �r 2 i r 0 CA ri Y �ry y 000, .r kti. �r Ca 4 r m rf a � 21 r° � v � i ✓ '� rrt '"' �" °' � w✓"� ' VF r .» c J# Ln Ao rrA A0 r. Ul) Ln x WIN t �F a PROJECT ARE lQR wlrr � rr/ lrrl irrf ✓. R �s lrl u �r I �x` Island of Ilawas i t 312 900 E, d -35130 ' �. Z 100aE 234700mE, T117"ll0 1GaOlow tII't 0 . – - p'. LL —� 000 ,IT'IS Map cleated with TOPO!O @2002 National Geagaphir( ww_netia a ��.c�s�t� r�� Figure [, Project area location. 2 BUSINESS PLAN 1. PROPOSAL Opportunity Statement: Once again, Nd Mamo 0 Kdwd(NMO,K) is honored to submit this proposal to the County of Hawai'i. NMOK is a native Hawaiian non-profit made up of life-long Ka'ci residents with unbreakable ties to the project area. As cultural practitioners, academics, ecologists, educators, and natural resource managers, we sincerely appreciate the opportunity to continue the stewardship of this wahi pan& The County of Hawai'i purchased the project location with funds from the Public Access, Open Space, and Natural Resource Preservation Commission ("PONC")program to preserve the pristine and fragile cultural and ecological resources of Kdwa. NMOK works to accomplish that goal through healthy and community-based stewardship. The Ka'fi coast has long been regarded as one of tile last remaining wild,pristine coastline in Hawaii. Kdwd in particular is recognized by the community as a pristine area integral to the preservation of the Ka'U coast. As one of the few areas in Ka'i!that feature such a wide array of publicly accessible natural and cultural resources, the project area is,of vital importance and has a significant need for a thoughtful and capable community stewardship effort. Furthermore, being that this property is the largest and among the most significant publicly owned spaces in.Hawaii County, our organization has readily accepted the responsibility and duty to help preserve, manage,and protect the area's shared resources. Our members possess a deep cultural, physical and spiritual connection to Kawa and are committed to the health and care of this sacred space. This intimate relationship is the driving force behind our member's innate sense of duty to care for all the natural and cultural elements existing within this public space for the benefit of past, present, and future generations of Ka'fi, the Island of Hawaii, and all of humankind. We appreciate that the County of Hawaii has adopted this,same sense of appreciation and we look forward to our continued cooperation in accepting this shared kuleana. DEPARTMENT OF PARKS&RECREATION Page 3 As a native Hawaiian non-Profit organization with strong roots to the Kawd,1141lea area, we consider NMOK to be the ideal candidate for the stewardship position. In addition, we present the following reasons that demonstrate Our rale as caretakers of this, '.qina: • NMOK successfully maintained pedestrian and vehicular access (north and south entrances, roads, and trails), freshwater springs,recreational sites, cultural sites, historical sites and trash/waste facilities since Fall 201 . • NMOK members and collaborators include experts in Hawaiian culture, natural resource management, and ecology with extensive land stewardship experience and a lifelong commitment to aloha 'dina. • NMO�K successfully implements a significant number of community and student on-site activities with monthly community workdays, weekly service-learning trips from the Volcano School of Arts and Science, and virtual field-trips for other local students. Other groups that participate in our on-site steward efforts include Karnehameha Schools (Kap5lama and Kea'au Campuses), Hawaii Youth Conservation Corps, Hawai'i Youth Challenge Academy, University of Hawaii STEM internship prograrn, Ka'd High School,Na'alehu Elementary School,Ala Kahakai Trail Association, Kua 0 Ka Ld Hipu'upulu Program(Miloli'i), and others. NMOK has established healthy communication.channels with relevant parties in.a positive and collaborative manner. NMOK strives to rise above such disputes to ensure the focus remains on stewardship rather than conflict. Examples of this include the restoration of the Kawd springs and management of Ke'ekfi heiau. NMO�K members and affiliates possess relevant academic and cultural backgrounds—including an abundance of knowledge in the areas of history, land stewardship, traditional practices, archaeology and local culture such as mele, oli, '61elo noeau, pule, and mo'olelo- DEPART MENT OF PARKS & RECREATION Page 4 • NMOlK engages interested learners of all ages in many facets of our work to mdlama Kdwd. • NMOK works with land planners and other land-use experts to create baseline mapping, management plans, creating and fostering sustainable community partnerships. • NMOK continues to build partnerships and create new relationships while fortifying and enriching existing ones. NMOK supporters and collaborators include the Edith Kanaka'ole Foundation, The Nature Conservancy, Hawai'i Wildlife Fund,Ala Kahakai Trail Association, Volcano School of Arts and Sciences,Nd'dlehu Elementary School, The Ka'Tj Calendar, balani Hale and Pa'a Porno(Milo,li'i), Conservation International, KUA—Hui Malama Loko I'a Network, University of Hawai'i,the Hawaii Police Department, and the U.S. Forest Service. Long-Range Vision The long-range vision of NMOK is to rehabilitate,preserve, protect,and utilize the natural and cultural resources of the project area in a manner consistent with traditional practices that occurred there throughout Hawaiian history. Through the implementation of the plans included in the project description, as well as future developed plans, we will restore the freshwater spring,near-shore marine fishery, Joko i'a, heiau, ahu, salt pans, flora and fauna,and as many other resources as possible in order to develop a sustainable geographic area. The potential for the project area to provide benefits to the community in the form of sustenance, spiritual growth, cultural immersion, and recreation will contribute to the eventual self-sufficiency of the project. It is the goal of NMOK to minimize the need for external funding sources by producing revenue in a creative, sustainable, and culturally appropriate manner. Revenue production will appropriately utilize the very same resources that flourish because of NMOK's stewardship. While potential economic drivers are components of our long-term vision(i.e. beyond the scope of this particular DEP AWIMENT OF PARKS CREATION Page 5 proposal), we believe the POMC' Commission understands and appreciate that this property has vast potential to benefit the community that cares for it. Examples may include a well-stocked and functional fishpond,healthy and vibrant native dr land and coastal vegetation providing a source of viable native seeds and materials, seedlings to support other re-forestation efforts around the island, and traditional salt production. These actions will (1)fully comply with commercial law and approved land-uses on PONC purchased property,(2)remain consistent with cultural values, and (3) be based on scientifically supported best practices. As has been proven through time-tested traditional Hawaiian values, we believe the more effort we give to rehabilitating this wahi pana,the more it will care for and hdnai the people of Ka` i in return. IL PROJECT DESCRIPTION A. Project Location: NKda - I�La, Rilea lki, lmlllea_Nuiand Ka` 3-9-5-16:006 and 025. 1-19-5-17:005 and 007 B. Number of Persons Who Will Benefit: This project will continue to directly benefit thousands of people for the duration of this grant cycle. Further, the work in this wahi pang has an infinite potential to beneficially impact all current and future Ka'fi residents who depend on the vitality and preservation of the natural and cultural resources of K5wd. NMOK's,stewardship will also benefit visitors from throughout Hawaii and abroad who seek to experience the majesty and wonder of this indispensable wahi pang. C. Project Description: The Kdwd Stewardship Project is an ongoing collaborative volunteer effort initiated by NMOK members. Although project objectives vary in scope and duration, the current project cycle for the purposes of this application is July 1, 2020 through June 30, 202 1. DEPARTMENT OF PARKS & RECREATION Page 6 The table below identifies our objectives and timelines, persons responsible, and the consultants for each objective. Objective Timeline Agency onsul ants/Collabora�or Responsible Rehabilitate Dryland and July 20121 -J e 1`�'MO -Jodie Scltulten, 1" 1. . Hawaiian Coastal Ecosystems 2022 Forest Ecologist. (Revegetation Plan) -Baron Horiuchi, USFWS Horticultural i st -Ron"Ferry, Ph.D. -Patrick Dart, Ph. Cultural.Practitioners Execute Cultural. Site :cul 2020 -.lune 01 lineal .. �' escendartts Monitoring Plant 2021 Burial Councils awveni lbarra, B.A. .Archaeology -Matthew Clark M.A. -Robert Rechtntan Ph.D. -Edith Kanaka`ole Foundation Keone Kalawvc, heiau architect l ekuhi lean ka`ole, Halam hi`a Kutmu Maintain Access and On-Going NMOK -County of Hawaii Parrs Safety of Property recreation.Division -Contractors/Cora munity Members, -'focal Businesses lona 1,ua/Hawaii Johns Execute Kdwvarin �p gn- "rung NMOKHawvaiiildlile Fund Preservation Plan -Richard Mackenzie, USFS Stream Ecologist DEPARTMENT'OF PARKS & RECREATION Page 7 -The Nature Conservancy -John Replogle, Community Member, Conservation practitioner -Cultural practitioners Execute WildlifeOn-Going -George Akau, Aiwvohi Wind Monitoring Program Farms Lead biologist -Lauren l urpita, 'volcanos National lark Hawvksbill.Turtle Recovery project Coordinator Chrisit an Giardina, U.S. Forest Service Forest.Ecologist -Ron Terry, Ph.D. -Patrick.Hart, Ph.D The Nature Conservancy -John Replogle, Community Member, Conservation. I practitioner The table below lists the multiple actions required to accomplish the above stated. objectives: Execute Native Dryland a Execute the Native l ryland and Coastal Rehabilitation plan'" and Coastal utilizing existing biological.surveys, archaeological maps, Rehabilitation and continue to consult with expert ecologists, cultural practitioners and stakeholders. 0 Identify, obtain, and propagate Native flora. prioritize seed from the project area, ifspecies unavailable source seed from adjacent sates in l ` . DEPARTMENT OF PARKS & RECREATION Mage 8 * Plant, rnonitOT, and post signage around Native flora at the entrances and along the road/trails in areas cleared of invasive plants, and in the coastal erosion control Tones. * Involve local schools, Volcano School of Science and Arts and Pahala Elementary and .a'ii High School, to remove non-native vegetation, collect native seed, nurse native plants, outplant, and monitor restoration site health. Create and Initiate a Execute Cultural Site Monitoring Plan utilizing Cultural Site Monitoring archaeological surveys and consultation with lineal Plan descendants, cultural practitioners, expert archaeologists, and stakeholders. * Conduct Lonoikamakahiki rain ceremonies with community members, lineal descendants, and cultural practitioners. Maintain Access and a Update and service security equipment and supplies Safety of Property a Contract qualified local maintenance services a Ensure security and sanitation of property a Maintain access points, trails,roads, and recreational areas 0 Report any illegal activity or other legal violations to authorities 0 Inform public regarding proper conduct during COV I D-19 Pandernic. Execute Freshwater a Execute-Freshw' ater Spring Preservation Plan. Spring Preservation Plan ® Continue out-planting native plants along the banks of the springs to control fear erosion. Measure spring discharge and monitor water quality/salinity. • Monitor native aquatic resources. Execute Wildlife Execute wildlife monitoring protocol including but not Monitoring Program limited to the following. identification and protection of DEPARTMENT OF PARKS & RECREATION Page 9 green sea and hawksbill turtle nesting areas, documentation of monk sea citations, Hawaiian hoary bat abundances and seasonality, shore bird abundance and seasonality, etc. • Initiate a coastal and nearshore marine fishery monitoring program that accounts for baseline counts of species populations in the Kawd area. • Implement pest management protocol to control for invasive rodents, ungulates, and cats. The primary method to conduct pest management will be trapping. D. OTHER PROJECTS: In the past, another organization conducted a project at Kawa: The Hawaii Wildlife Fund("H F"). HAT conducted a multi-year invasive species removal project limited to excavating Seashore Paspalum from Ka'aldiki Fishpond estuary. Lineal decendants with PASH access trust rights also perform work on site. E. MANAGEMENT PLAN- Surveys or Assessment Studies: In 2017, after receiving substantial input from NMOK members and other Ka'i!residents, the County of Hawai'i approved the Kawd Resource Management Plant(County Management Plant). The County of 14awaii contracted the planning firm Townscape, LLC to develop a Management Plan for Kdwd. NMOK was pleased to host some of the planners from Townscape, LLC at the site of the project- During site visits, NMOK directors shared a collective vision for the future stewardship and preservation of the natural and cultural resources at Kdwd. NMOK has attended scores of public meetings to discuss the Kdwd Draft Resources Management Plan drafted, and has reviewed the document in detail before being finalized. NMOK is proud to have contributed to the development of the Count Management Plan and has adopted it as one of its guiding documents for the planning and implementation of our project activities. NMOK activities coincide with the three following stewardship DEPARTMENT OF PARKS & RECREATION Page 10: strategies identified in the County Management Plan: (1) maintaining a sense of Place; (2) minimizing human impacts; and(3)vegetation management. There are existing surveys and assessments related to the project arm Both a biological and an archaeological survey have been conducted for the natural and cultural resources located within the Kdwd. Rechtman Consulting, LLC prepared the Archaeological Reconnaissance Survey of the County ofHawaii Kdw5 Property in 201.3. The information pertaining to locations and categorization of archaeological features of varying sensitivity is crucial in guiding the planning and execution of this project. NMOK corn municates with the author of the survey, Robert B. Rechtman, Ph.D., and Matthew Clark, M.A.,who offer guidance in matters pertaining to monitoring and stewardship of the cultural and historic treasures of bawd. Geometrician Associates LL 's biological survey is entitled Flora and Fauna Survey Lands q1'K4hvj Ka'fi, Island ofHawaii(2014). This document guides NMOK's planning efforts with regard to native re-vegetation and monitoring of rare or exceptional individual species found on the property- NMOK is fortunate to work with the Geometrician Principal, Ron Terry, Ph.D. and his associate, Patrick Hart, Ph.D. during field operations and data collection. NMOK continues to communicate with these two esteemed ecological experts in the development of our group actions relating to the preservation and conservation of native .17ora and aura. NMO�K is,grateful for these valuable resources,and consult directly with their authors in order to fulfill our mission and the objectives specific to this proposal. DEPARTMENT OF PARKS & RECREATION Page 11 Ill. ITSJAR-P.OYTTIZED A. Environmental Assessments ( Xs): / B. Special Management Area (SMA) Permit: n1a C. Other: n/a DEPARTMENT OF PARKS &RECREATION Page 5 PROJECT BUDGET A. Budget Details PROJECT APPLICANT OTHER AmOUNT SHARIE RESOURCES REQUESTED BUDGET I TOTAL Contracted Services S120,000 1211,400 [Administrative $12,500 Services 12,500 LLiability InsuranceS5 0054U =Services Woo 3'040 Human Resources 5,000 65,000 i IF Total 77,500 123,500 201,040 I1EI'AiI.`I`i'MENT OF PARKS &TlTfiICRE,A TION Pegs V. APPLICANT A. Brief history of the applicant organization. Include the dateof incorporation as a non-profit organization (use attachments where appropriate): Native Hawaiian Ka`u re a,J,,,g s_ ormg a Mamo o KawaN_ _. in 2012 to meet the managemenIt needs of th Dr ect area. cei ea 1 tktus as a_1 a re ber nth. lel ee as i ess Main source(s)) of'finanla support: County of .`PONC Stewardship Grant Program Please list ricer projects successfully completed: 1. Kawa Dry Forest and Coastal Rehabilitation Project 2. Kawa Recreation area and Access Management and Secarity Plan . a Spring Restoration and Htarrleane Repair project DEPARTMENT OF PARKq &RE(,'RFATIONL Page 7 Please initial below that the applicant understands the following o eats shall be required if awarded stewardship i. rant fawn "Certificate of insurance shall e required with County of Hawai'i named as additional insured. Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PSS &REC;ICEATIO Page 8 tl� �� '� � ^T• , kk r , gig nyl P.O. Box 412 aalehu, Hl -6772 Mission Statement `Tri rehabilitate, curate, and steward K in order to honor the past, provide for the present, an-d ,preserve for the future's "'The Descendants of U -s Bylaws NA Marno 0 Xfiwa ARTICLE I-NAME SECTION 1.The name of this Corporation shall be NA MAMO 0 KAWA,hereinafter referred to as"the Corporation." ARTICLE 11-PURPOSE SECTION 1.The Purpose of the corporation is set forth in the Articles of Incorporation. SECTION, 2.All organizational actions and programs shall be in congruence with the Purpose of the corporation. ARTICLE III-FOUNDEWS VISION SECTION 1.The Foundees Vision is"to rehabilitate,curate,and steward the natural and cultural resources of Iia wAto honor the past,benefit the present,and preserve for the future generations of Ka'5,the Island of Hawaii and all hurnankind." SECTION 2.All organizational actions and programs shall be in con ecce with the Founder's vision. ARTICLE IV-BOARD OF DIRECTORS SECTION 1.The Board of Directors shall serve without pay and consist of 4-7 members. SECTION 2. Board members shall serve a term of a year and to may or may nota e extended SECTION 3.Vacancies shall be filled by the Board. ARTICLE V-OFFICERS AND BOARD MEMBER DUTIES SECTION 1. The officers of the boi%rd.5hall consist of a Chairman and at-large Board Members, SECTION 2.Elected officers will serve a term of one year. Term may be extended as long as duties have been fullilled in previous year(s) SECTION 3.The Chairman of the Board shall call meetings of the Board members and maintain adequate communication with each other board member. Chairman will ensure all organization actions and strategies are communicated to the board members for review and evaluation. Aside from specific responsibilities,the chairman will not have any supremacy over at-large members. SECTION Z.The At-Large Board members will maintain adequate communication with the Chairman and fellow board members through email and phone contact throughout their term of service. At each meeting,one board member will serve as the acting secretary and record minute's and agenda. One board-member will be elected as Financial Officer each year to manage board financial records,maintain communication with the group's contracted accountant and ensure compliance with tax and other requirements. SECTION 1 All Board Members are required to attend board-meetings(in-person or virtually)and represent the organization ethically and responsibly in accordance with the organizations Purpose,By-Laws and Articles of Incorporation, ARTICLE Vj-COMMITTEES SECTION 1.The Board may appoint committees as needed. SECTION 2.Committees shall be designated a purpose staternentupon creation SECTION 3.Committees shall consist of one or more board members,,who shall make committee reports to the board to report activities, ARTICLE VII-FINANCES SECTION 1.The annual budget of the corporation shall be prepared by the Chairman and, the Financial Officer through consultation with contracted accounting service provider for approval by the Board of Directors. SECTION 2.The corporation Fiscal Year will be January l through December 31. ARTICLE V111-MEETINGS SECTION 1.The corporation shall have quarterly meetings for the purpose of transacting business with special meetings called as needed,,whereas electing officers shall be done at the first meeting of the year.Meeting date and time shall be decided four weeks prior. The first meeting of the year is mandatory. SECTION 2.Board mernbers who cannot attend meeting's in person shall be allowed to attend virtually or through teleconferencing, SECTION S.Agendas shall be provided at least one week in advance. SECTION 4.Agenda items shall be added during previous meeting or emailed to President with supporting documents prior to agenda production, SECTION S.Attendance is required unless prior notice is given. Any time a member misses a board meeting he will contact each individual board member to discus's matters covered during the missed meeting, ARTICLE IX-VOTING SECTION 1. At least 3 board members will constitute quorum. SECTION 2.In absence of quorum,no formal action shall be taken except to adjourn the meeting to a subsequent date. ARTICLE X-CONFLICT OF INTEREST SECTION 1.Any member of the board who has a financial,personal,,or official interest in,or conflict with any matter pending before the Board gill offer to the Board to voluntarily recuse him/herself and will vacate the seat and refrain from discussion and voting on said matter. ARTICLE Xl-CONTRACTS AND CHECKS SECTION 1.The Board of Directors may authorize the Chairman or any other Board Member to enter into any contract or to execute and deliver any document,instrument,or writing of any nature in the name of and on behalf ofthe Corporation,and such authority may be general or,confined to specific instances. SECTION 2.All checks,letters of credit,drafts,or orders for the payment of money,notes, or other evidences of indebtedness issued in the name of the Corporation shall be signed by the President and/or such other officers or agents of the Corporation and in such manner as shall be determined from time to time by the Board of Directors. In the absence of such determination by the Board of Directors,the instruments shall be signed by the Chairman. ARTICLE X11-AMENDMENTS SECTION 1, These Bylaws may be amended or repealed byvote of a majority of the Board, of Directors present at a meeting called for that purposes A11 Board Members must be: present at any such meeting. ARTICLE X111 GOVERNANCE SECTION 1.The Corporation shall be free to conduct its affairs in compliance with the By- Laws. The Board of Directors shall develop policies and procedures necessary to ensure responsible fiscal operation. SECTION 2.The Board reserves the right to dismiss board members when a board member fails to perform their duties and/or fails to comply with meeting attendance policy, Board members subject to dismissal shall be*noted on by the board with the sublectboard members ers requ red to abstain, Chairman eft e Board-Fueu K McGuire Oe ign tun " 1):FISARTMUNT 01" TM TREAS-ORT 6- Box 2.50a CTUCINMOX, ON 45201 LVP1OY*r Ideatif 3 Cation 14M&C.C. NOW2014 PUTT NA MAM 0 -T(AWA Contact pera=2 PO 'BQX 43-2 CUS'TONER S)SRVICE 1qA4LRF1U, 13-C 96772-0000 C-=tact T0lOPhMT ftmbezr® {37`7 82 AtcauntiaaxF lDeUefnbsir 31 Ilubl:Lc Cha-rity StzLtus: 1701(b) (1) (a� Zvi) rarm 2,03-3 Yes Addendo.,m Appy erg W D-- We'-ra Pl-,aased to tell you we detem� "pt trom fecler�, i- -owe tax Reveaue r_c4e (IRC) Section Bnj-to-) (3) . _Dojjors ,h dd,,,t c"'Z'tr'butifMs they Make tO YOtl lkndOx IRC Section 170- also qua-ljj-,':LOCj to re-eiare teedts.CLjbje bests, devjl3p-sttransfaxs or g5fts unde-Z ze,=tiox, 2055, 2106, or 2522- This Jett= CoUla help 7-eao:LVe status. Please heap it :Eor your reCcr ,cjs QrMluizatiexempt -under IRC ea an 501(c) (3) arefutt-Ler class ed as 01thfir publio charn-tiez or private foundatjohs We detemIned youtre a p13-bljr char-Ity, under the TRC Sect:L= listed at the top ot4-ls latter- lf 'we 1'adiVated at the top O;ff this ltier that you're �equi-vrd to fije ro,,, our tec!c>.td8 shcw YOu're —quired to file -M annual (rorw 990 or :"c>rm -4-90-MM) Or 0.1-ectro3'Pic notjoA (Jrorm 9-qO-1T, YOU dOal t; flla a required retu= or nOtice Eor tbxee cOaEecutive years, YOT= exemPt: Status will be- a-L7,tomatically revokad. we !.ndiF-ated, at the top of this �,etter that a2a addejjdTa�m enclosad. addexidwit is an �, teg:raj paxt.of this letter_ yox• important irLf-ol-wation M-bt�Ut YO= 90 to www.3rz.gov/charities. Enter 114221-P'C', in than search tar tdYlew Publication 4221-Pr'-, ICO�ttplla=aeGuicle. fo= r which descri-biLp yolm j-pcordke, 01(c) Z_3) pbli� C�aar�_tjcs, Piag, =eP='Ung, aDd disclop-Lire xecjujZ-aments. Letter 5439 • 72�� ctea�. �� �r�:, c��i�xns LeLtex- 5436 i m CERTIFICATESTATE OF HAWAII STATE PROCUREMENT OFFICE This document presents the compliance status of the vendor identified'below on the issue date with respect to certificates required from the Hawaii Department of Taxation(DOTAX),the Internal revenue Service,the Hawaii Department of Labor and Industrial Relations(DLIR),and the Hawaii Department of Commerce and Consumer Affairs Vendor statm: Compliant Hawaii Tax . WO�3432073-01 New Hawaii Tax#: FI /S ##: -x4219. UI#mt: No record DCCA FILE##: 241 236 Stft=of Complience for tids Vendoran bous daft: F A-6 Hawaii Department of Taxation Compliant Internal Revenue Service(Compliant for Gov.Contracts Compliant COGS Hawaii Department of Commerce&Consumer Affairs Exempt LIR27 Hawaii Department of Labor I I&Industrial Relations Compliant StoWs Legend: Exempt The entity is exempt from this requirement Compliant The entity is compliant worth,this requirement or the entity is in agreement with agency and actively working towards compliance Fending The entity is compliant with DLIR requirermrent Submitted The entity has applied for the certificate but it is awaiting approval Not Compliant The entity is not in compliance with,the requirement and should contact the Issuing,agency for more Information Internet FORM DNP-1 wWW,SU&NESSREGlSTRATl0NS,C0M 121120135,3433 712010 NorTetundabre Rfing Farr$25.00 STATE OF HAVVAIi DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS Business Registration Division FILED 1211V'2(311307:5413M 335 Merchant Street Business Registration Division Mailing Address 7 F.C.BoY 40,,Honofritu,Hawaii 96810 DEPT.OF COMMERCE AND Phone No-(808)586-2727 CONSUMER AFFAIRS S4 to of Hawaii ARTICLES OF INCORPORATION (Sectmn 414D-32,tiaw Rp,,,ised Statutes) PLEASE TYPE.OR PRINT LEGOL YIN BLACK INX The undersigned,desiring to form a nonprofit Corporation Under the laws of the State of Hawaii,certify as faows: The name of the corporation shall be- NA MiAMO 01 KAWA The mailing address of the corporation's initial Principal office is PO BOX 412,NAALEHU, HI 96772 USA kif The corporation shall have and continuously maintain in the StaW of Hawaii a registered,agent who shall have a business address in Ws State-Tho agent may be an inftWual who resides in this State,a domestic entity or a foreign entity authorized to transact tru5rness in the State. a. The name(and state or country of incorporation,formation or organisation,if app kable)of the corporafion's registered agent in the State of Hawaii is: PUEO K.MC DIRE W (Name&Pegg 5kered hqent) (aate or b. The street address of the piace of busjqqss of the person in State of Hawaii to which service of praQo5s and other notice and documents being served on or sent to,the entity represented by it my be delivered to is, 94-1437 KNALU'ALU-WAIOHINU RD.,NAALEHU,HI 96772 USA Internet FORM DNP-1 vrBUSINIESSREGtSTRATIONS.Colit 12112013 56433 7/2010 iv The name and address of each incorporator is::: Narree Address PUEO K.MC UIRE, Ptd BOX 412„NAALEHU,HI 96772 USA V Please check cone: i;."�i The corporation has rmmbers-ri . The corporation has.,no members. Vt The corporation is nonprofit in nature and shall not authorize or isstae shares of stock, No dividends shall be paid and no part of the income or profit of the corporation shaii'be distributed to its members.directors,or officers,except for services actually rendered to the corporation,and except upon «-� liquidation of its property in case of corporate dissolution- The undersigned cortifies under the penalties of Section Al 4D-12,Hawaii Revised Statutes,that the undersgned,has read the above statements,that ral lhve are authorized to s�ig,n this Artiioles of Incorporation,and that the above statements are true and correct. C7 11 DECEMBER 2013 Slgnad this day of PUEO K.I C UIRE gypelPnnt Name of Incorporators) (TypeCPriat Name of Incorporator) PUEO K.MCGUIRE (Signature of incorporator) (Signature of I'n=rporator) Department of Parks & Recreation Aupuni Center 101 Pauahi Street, Suite 6 Hilo, HI 96720 Telephone: (808) 961-8311 PONC STEWARDSHIP GRANT REQUEST A. NAME AND ADDRESS OF ORGANIZATION: Kohala Lihikai, 501(c)(3) nonprofit organization PO Box 76, Hawi, HI 96719 B. REQUIRED DOCUMENTS: x Non-profit (501(c)(3), IRS letter of determination x Copy of organization bylaws and mission statement x DCCA Certificate of Vendor Compliance C. ]BERSON TO CONTACT: Gail Byrne Baber Phone No: Mobile: 808-938-8880 Email Adress: gailbyrnebaber@gmail.com D. PROJECT PERIOD: 12 months from time to of award. E. PROJECT AREA: Hapu'u, North Kohala DEPARTMENT OF PARKS &RECREATION Page 1 F. PROJECT COST Applicant share: $ 2,500 Other resources: $ 200 Amount requested: $ 932,970 Total Project Cost: $ 41111=11 35,670 G. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of his/her knowledge. NAME OF AUTHORIZED OFFICIAL: Joseph Carvalho TITLE OF AUTHORIZED OFFICIAL: President SIGNED: ') SWL G.ad'7J'aG�i,o- DATE: 8/28/20 Who to contact with any questions? Gail Byrne Baber, 808-938-8880, gailbyrnebaber@gmail.com Include Map of Maintenance Area. Please see attachments. DEPARTMENT OF PARKS &RECREATION Page 2 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application): Please see attachments. DEPARTMENT OF PARKS &RECREATION Page 3 H. PROJECT DESCRIPTION A. Location of Project: Kaiholena, North Kohala B. Number of Persons Who Will Benefit: 3.000 C. Project Description (Give a brief description of the work that will be done with the funds requested, including a timeframe and activities to accomplish stated purpose. Additional pages may be attached): Please see attachments. DEPARTMENT OF PARKS &RECREATION Page 4 III. PERMITS/APPROVALS REQUIRED A. Environmental Assessments (EA's): n/a B. Special Management Area (SMA) Permit: n/a C. Other: n/a , possibly CDUA DEPARTMENT OF PARKS &RECREATION Page 5 IV. PROJECT BUDGET Please attachments A. Budget Details PROJECT APPLICANT OTHER AMOUNT BUDGET SHARE RESOURCES REQUESTED TOTAL $ $ $ $ $ $ $ $ $ $ $ $ $ Total $ $ $ $ DEPARTMENT OF PARKS &RECREATION Page 6 V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization (use attachments where appropriate): Please see attachments. B. Main source(s) of financial support: Please see attachments. C. Please list prior projects successfully completed: 1 Please see attachments. 2. 3. DEPARTMENT OF PARKS &RECREATION Page 7 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: x Certificate of insurance shall be required with County of Hawai'i named as additional insured. X Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS &RECREATION Page 8 Hapu'u Business Plan,Project, Budget, and Applicant Information I. Business Plan Kohala's long-term vision to ensure the sustainable stewardship of these lands is to support the development,by local families and community groups, of services and goods related to these land and that a portion of the income derived is returned to stewardship of the land. Avery important component of this vision is to create career pathways for Kohala youth to learn from professionals in the fields of natural and cultural resource management and conservation and provide hands-on internship and mentoring opportunities for them. We employ the principals of social commerce - community networks (community groups, families, locally based businesses) -to inform and drive economic activities creating jobs that protect 77 777777 Lands support interge ne rational collaboranon I'Or localized, sustainable economy Emphasis oncommunity self-reliance and resiliency Stewardship and restoration activities generate income to support management by local rn'ltl'gafion. etc. Stewardship & restoration LWOL leitmask Community ! w ! !d and employment Hapu'u-Kohala Lihikai Application for Maintenance Funds Page I of 8 II. Project Description A. Location of Project Hapu'u, North Kohala B. Number of Persons Who Will Benefit 3,000 North Kohala residents, including, • 4 residents employed for fencing work, • all community members who frequent the coast, and, C. Project Description The project activities support stewardship of the site of Hale 0 Ka'ili,the first heiau Kamehameha I dedicated as kahu (caretaker) for the war god Kuka'ilimoku. There are also remnants of trails and a canoe road he built as well as the burials of kahuna associated with the heiau. Interpretive Signs to Encourage Stewardship An interpretive sign is needed to educate shoreline users about the significance of the property to encourage respectful use that doesn't impact property. In the past ATV users have driven over the heiau and torn down protective fences. Four, smaller perimeter signs around the heiau will mark the heiau boundaries and encourage respectful use of the area. Pasture Fence Repairs Repairs to existing fencing are needed after ATV users cut through and pulled out and destroyed the fence line in several places. After outreach through the local paper and word-of-mouth in the community,the ATV use has ceased. Fence in the agriculturally zoned area of the property allows for vegetative management through grazing. The cattle rancher and community will be providing in-kind labor and some materials for this project. Heiau Protective Post Fence Replacement The previous landowner erected post fencing around the heiau as part of archeological and cultural preservation of the area. The posts have rotted so there is no longer a functional protection around the heiau. The activity will replace the previous post fence,which will blend in more than barriers of other materials. Safety Improvements for Pedestrian Passage Public access through the property fencing is needed for pedestrians to safely access the grant of easement through the property. Two V access points will allow walking through the property. Below is an example of the type of access that will be installed. Please see the project Implementation Schedule on page 3. Hapu'u-Kohala Lihikai Application for Maintenance Funds Page 2 of 8 Implementation Schedule Action# Actions 1 2 3 4 5 6 7 8 9 10 12 For all activities,secure all required approvals and permits. EA 1 not required. Secure exemption for CDUA. X X X For all tasks, progress reports and final report to summarize 2 1work accomplished to County w/lessons learned X Ix Ix Interpretive Signs to Encourage Stewardship Outreach to cultural experts to solicit input on sign designs and 3 content X X X 4 Design and install sign X X X X Follow-up outreach to community to encourage respectful 6 stewardship,e.g. newspaper article,small group meetings. I IX IX IX 7 Pasture Fence Repairs 8 Secure materials X X X X X 9 Make repairs X X 10 Heiau Protective Post Fence Replacement 11 Secure materials X X X X 12 Make repairs X X 13 Safety Improvements for Pedestrian Passage 14 ISecure materials X X X 15 1 Make repairs X X Hapu'u-Kohala Lihikai Application for Maintenance Funds Page 3 of 8 IV. Project Budget A. Budget Details Applicant Other Amount Project Budget Share Resources Requested Total Interpretive Si ns to Encourage Stewardship Main interpretive sin(including design and art work $5,000.00 $5,000.00 4 perimeter signs(including clesing and artwork) $4,000.00 $4,000.00 Misc materials for installation and labor $100.00 $550.00 $650.00 Subtotal $100.00 $0.00 $9,550.00 $9,650.00 Pasture Fence and Improvements for Veg Management Materials and Labor $200.00 $3,500.00 $3,700.00 Subtotal $0.00 $200.00 $3,500.00 $3,700.00 Heiau Protective Post Fence Replacement Materials and Labor $200.00 $0.00 $15,520.00 $15,720.00 Subtotal $200.00 $0.00 $15,520.00 $15,720.00 Safety Improvements for Pedestrian Passage Materials and labor $200.00 $2,400.00 $2,600.00 Subtotal $200.00 $0.00 $Z400.00 $2,600.00 Subtotal of 4 Activities $500.00 $200.00 $30,970.00 $31,670.00 Other Project Coordination and Compliance-Kohala Lihikai, Malama Kohala Kahakai,community groups,vendors,etc. $2,000.00 $2,000.00 $4,000.00 $2,000.00 $0.00 $2,000.00 $4,000.00 TOTAL 1 $2,500.00 $200.00 $� $ V. Applicant Information A. History Kohala Lihikai was formed through the cooperation of the many community groups in North Kohala that have for years focused on cultural, access and environmental preservation of the district's coast. The recognition that the community needed one non-profit group to undertake responsibility for stewardship of public and private lands brought together leaders of these groups to form the core of Kohala Lihikai, which was incorporated in August 2011. It was through the efforts of five of these groups that the lands at Hapu'u and Hapu'u were nominated and purchased. The current board of directors consists of the following: Joe Carvalho of the North Kohala Community Access Group; Fred Cachola of Malama Wahi Pana 0 Kohala; Gail Byrne Baber of Malama Kohala Kahakai; Dennis Matsuda; Sarah Pule Fujii of Friends of Keokea Park and Ralph Galan of Galan Ohana and Toni Withington of Kamakani 0 Kohala Ohana. Hapu'u-Kohala Lihikai Application for Maintenance Funds Page 4 of 8 B.Sources of Financial Support Most of Kohala Lihikai's work has been accomplished through volunteer time and donated resources. We are fortunate to be able to partner with a number of other community groups to leverage our work and we also work with the National Parks Service Ala Kahaka National Historic Trail,which has significant capacity to support community based work, e.g. NPS is allowing us to work under the MOU with the County so that Kohala Lihikai is covered by liability insurance. We have received a few small donations and partnered with Malama Kohala Kahakai on a project funded by the Hawaii Tourism Authority. We are continuing to build our capacity to fund our work. C. Projects Successfully Completed Participating and volunteering in the last stewardship funded by the County at Hapu'u, 2017 to 2020. Continuing restoration using native plants of the mile-long shoreline makai of Upolu Airport. This involves coordination with Department of Transportation,Airports Division; National Park Service,Ala Kahakai National Historic Trail; Department of Education, Kohala High School, Kohala Middle School; Hawaii County Department of Planning and nine community organizations. The project includes soil erosion control, archaeological review,trail location, potting and transplanting naupaka and other native plants, a watering system. Of particular note is a sign painting project with Kohala Middle School art classes that involved education on the ethnobiology of native plants and the designing and painting of three large project signs and 12 interpretive signs over two years. Coordinating community work on a rails-to-trails project for the old Mahukona railroad. Establishing a mentoring project with Kohala High School students for the repairing and stabilizing of stone walls at Lapakahi State Historic Park that were damaged by the 2006 earthquake. The best native stone builders in the state were brought in to supervise the project. This involved coordination with the high school, State Parks Department, HSPD and Ala Kahakai National Historic Trail. Co-sponsoring Kanikapila a me Mo'olelo o Kohala, and afternoon and evening of music,talk story and dinner open to all in Kohala, in October 2012. The community dialog opened Kohala Lihikai's on-going program of open community participation in coastal, cultural and access issues. The event was put on with the help of the Ala Kahakai Trail Association and other funding sponsors. Locating descendants and long-time users of the ahupua'a of Hapu'u and Hapu'u to better understand the history of these areas and to encourage participation in the planning for stewardship of these coastal lands. This involves coordination with the Ala Kahakai Trail Association,the staff of Ala Kahakai National Historic Trail, Hapu'u-Kohala Lihikai Application for Maintenance Funds Page 5 of 8 numerous Native Hawaiian and community groups in North and South Kohala as well as various news media including Kohala Mountain News and West Hawaii Today. The project, started in 2012 is on-going. Hapu'u-Kohala Lihikai Application for Maintenance Funds Page 6 of 8 Map of Maintenance Area (TMK outlined in yellow ) COUNTY OF HAWAt`l Real Property Tax Office Overview Legend Pacific Ocean ❑ Parcels �ggdd f ?u `Hawaii County makes every effortto produce the most accurate information possible.No wa rra nties,expressed or implied,are provided for the data herein,its use or interpretation.The assessment information is from the last certified taxroll.All data is subjectto change before the next certified taxroll.The'parcels'layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data.The'parcels'data layer does not conta in metes and bounds described accuracy therefore,please use caution when viewing this data.Overlaying this layer with other data layers that may not have used this layer as a base may not produce precise results.GPS and imagery data will not overlay exactly. Date created:8/30/2020 Last Data Uploaded:8/29/20208:23:33 PIA Developed by��Schneider G[OG—TIAL Hapu'u-Kohala Lihikai Application for Maintenance Funds Page 7 of 8 Attachment B Required Documents 1. IRS Determination Letter 2. Bylaws and Mission Statement 3. DCCA Vendor Certificate of Compliance 4. Summary of Recommendations from the Last Maintenance Grant Work Hapu'u-Kohala Lihikai Application for Maintenance Funds Page 8 of 8 IRS, Intcrh'I i zltcti,ci nnlu,er Tre.t,ur} Sen-�cr Cincinnati. Service Center In reply refer to : 0752235477 CINCINNAtiTT OH 45949-0038 Mar . 28, 2013 LTR 41680 0 45-3104951 D000aa 00 00014662 BODC : TP KOHALA LIHIKAI MALAMA KOHALA HFI GAIL BYRNE BASER # PO 8❑7C 198900 PMB 223 HAWI HI 96719-8900 @21106 Employer Identification Number : 45- 3104951 Person to Contact : Customer service Toll Free Telephone NtJmhpr : 1-877-829-5500 Dear Taxpayer : This is in response to your Mar . 19 , 2013 , request for information regarding your tax--exempt status .. Dur records indicate that you were recognized as exempt under section 501 ( x) (3) of the Internal Revenue Carte in a determination letter issued in September 2012 . Our records also indicate that you are not a private foundation within the meaning of section 509 [0 of the Code because you are described in section(s) 509 (a) ( 1 ) and 170 (b) ( 1 ) ( A) Cvi ) . Donors may deduct contributions to ypu as pruvided in section 170 of the Code . Bequests , legacies , devises , transfers , or gifts to ycu or for your use are deductible for Federal estate and gift tax purposes if they 9neet the applicable provisions of sections 2055 , 2106 , and 2522 of the Cade . Please refer to our website www. irs .gcv/eo for information regarding filing requirements . Specifically , section 6033(j ) of the Code provides that failure to file an annual informatioh return for three consecutive years results in revocation of tax-exempt status as of the filing cfue date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked under section 6033 ( 0 of the Code on cur website beginning in early 2011 . 0752235477 Mor . 28 , 2013 UP 41680 0 45-3104951 000000 00 00014663 KUHALA LIHIKAI MALAMA KOHALA NEI % GAIL SYRNE SAM PQ BOX 198900 PMB 223 FIAWI HI 96719-8900 If you have any questions , please call us at the telephone number shown in the heading of this Letter . Sincerely yours , Stephen E . Paxton ❑peratians Manager , AM Operations 3 Bylaws of Kohala Lihikai Article 1 Offices Section 1. Principal Office The principal office of the corporation is located in Hawaii County, State of Hawaii. The primary mailing address of the organization is the U.S. Postal Service: P.O. Box 76, Hawi, HI 96719. Section 2. Change of Address The designation of the county or state of the corporation's principal office may be changed by amendment of these Bylaws. The Board of Directors may change the principal office from one location to another within the named county by noting the changed address and effective date below, and such changes of address shall not be deemed, nor require, an amendment of these Bylaws. Address: 55-960 Beers Road, Hawi HI 96719. Dated: June 15, 2012 New Address: Dated: , 20_ New Address: Dated: 920— Section 20Section 3. Other Offices The corporation may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the Board of Directors may, from time to time, designate. Article 2 Nonprofit Purposes Section 1.IRC Section 501(c)(3) Purposes This corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. Bylaws of Kohala Lihikai Page I of 16 Section 2. Specific Objectives and Purposes The purpose of this corporation shall be: (a) To preserve, promote, acquire, restore, sustainably manage, and steward land and near shore marine environments and their associated natural, historical, archeological, and cultural resources in a manner that is mindful of future generations. To protect public accesses and open spaces utilizing methods appropriate for each parcel of land or easement including cooperative agreements, easements, leases, licenses, and acquisitions. (b) Operate as a land trust in alignment with the best practices of land trusts. (c) To foster community-based stewardship involving descendents, users, youth, cultural practitioners, and kupuna (elders) in cooperation with landowners, government agencies, and local groups. (d) To foster the development of techniques, skills, and systems that will empower communities and local groups to manage open spaces and public access and associated natural and cultural resources in a sustainable and responsive manner. (e) To seek out, solicit, collect and distribute funds, receive donations, and or property to carry out projects consistent with the purposes stated herein and within the meaning of Section (c)(3) of the Internal Revenue Code, and the transaction of any or all lawful activities for which the nonprofit corporations may be incorporated under Chapter 415B, Hawaii Revised Statutes. Article 3 Directors Section 1.Number The corporation shall have six directors and collectively they shall be known as the Board of Directors. The number of directors maybe changed by a majority of the Board of Directors. Section 2. Qualifications Directors shall be of the age of majority in this state and have an active interest in preserving and stewarding open spaces. Other qualifications may include a history of community work and skill set appropriate for supporting Kohala Libikai's mission and purposes. Section 3. Powers Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these Bylaws relating to action required of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. Section 4.Duties It shall be the duty of the directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation, or by these Bylaws; Bylaws of Kohala Lihikai Page 2 of 16 (b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; (c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly; (d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the corporation, and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. (f) Review the organization's tax returns (990 form) for correctness and completeness before filing with the IRS. (g) Provide oversight of audits, compilation of financial statements, and selection of independent accountants. Section 5. Term of Office Each director shall hold office for a period of six years and until his or her successor is elected and qualifies. To ensure smooth organizational transitions the Board may elect to stagger elections. For example, one third of the directors appointed in first term, may hold office for four years and until his or her successor is elected and qualifies, and one third of directors appointed in the first term, will hold office for five years and until his or her successor is elected and qualifies. Section 6. Compensation Directors shall serve without compensation except, they shall be,allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Section 7.Independence All of Kohala Lihikai's Board Members shall be independent voting Members as defined by the following criteria: (a) Board Member was not compensated as an officer or employee. (b) Board Member did not receive more than $10,000 during the year for any work associated with Kohala Lihikai except for certain reasons as disclosed fully to the Board per Kohala Lihikai's Conflict of Interest Disclosure policy as outlined in Article Nine, Section a. (c) No Board Member's family members were involved in a disclosable transaction (excess benefit, loan, significant business dealings, etc.). Specifically, no officer, director, trustee or key employee has a family relationship or business relationship with any other officer, director, trustee, or key employee. In addition to signing Kohala Lihikai's Conflict of Interest Disclosure form during the first meeting of the calendar year, all officers, directors, and key employee shall disclose on same form whether they have a family or business relationship with any other officer, director, or key employee. If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse himself or herself from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Bylaws of Kohala Lihikai Page 3of16 Section S.Place of Meetings Meetings shall be held at the principal office of the corporation unless otherwise provided by the Board or at such other place as may be designated from time to time by resolution of the Board of Directors. Section 9. Regular Meetings Regular meetings of Directors shall be held on the first Friday of every month at 9:00 A.M., unless such day falls on a legal holiday, in which event the regular meeting shall be held at the same hour and place on the next business day. If this corporation makes no provision for members, then, at the regular meeting of directors held on the first Friday of April of every year, directors shall be elected by the Board of Directors. Voting for the election of directors shall be by written ballot. Hach director shall cast one vote per vacancy. The candidates receiving the highest number of votes up to the number of directors to be elected shall be elected to serve on the Board. Section 14. Special Meetings Special meetings of the Board of Directors may be called by the Chairperson of the Board, the President, the Vice President, the Secretary, by any two directors, or, if different,by the persons specifically authorized under the laws of this state to call special meetings of the Board. Such meetings shall be held at the principal office of the corporation or, if different, at the place designated by the person or persons calling the special meeting. Section 11. Notice of Meetings Unless otherwise provided by the Articles of Incorporation, these Bylaws, or provisions of law, the following provisions shall govern the giving of notice for meetings of the Board of Directors: a. Regular Meetings. No notice need be given of any regular meeting of the Board of Directors. b. Special Meetings. At least one week prior to the meeting, notice shall be given by the Secretary of the corporation to each director of each special meeting of the Board. Such notice may be oral or written, may be given personally,by first class mail, by telephone, by facsimile machine, or via email and shall state the place, date and time of the meeting and the matters proposed to be acted upon at the meeting. In the case of facsimile notification, the director to be contacted shall acknowledge personal receipt of the facsimile notice by a return message, email, or telephone call within twenty-four hours of the first facsimile transmission. e.Waiver of Notice.Whenever any notice of a meeting is required to be given to any director of this corporation under provisions of the Articles of Incorporation, these Bylaws or the law of this state, a waiver of notice in writing signed by the director, whether before or after the time of the meeting, shall be equivalent to the giving of such notice. Section 12. Quorum for Meetings A quorum shall consist of a majority of the active Members of the Board of Directors. Except as otherwise provided under the Articles of Incorporation, these Bylaws or provisions of law, no business shall be considered by the Board at any meeting at which the required quorum is not Bylaws of Kohala Lihikai Page 4 of 16 present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. Section 13. Majority Action as Board Action Every act or decision done or made by a majority of the directors at a meeting duly held at which a quorum is present is the act of the Board of Directors. Section 14. Conduct of Meetings Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the President of the corporation or, in his or her absence, by the Vice President of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the Board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. Meetings shall be governed by Hawaii Revised.Statutes, Section 414D, insofar as such rules are not inconsistent with or in conflict with the Articles of Incorporation, these Bylaws or with provisions of law. Section 15. Vacancies Vacancies on the Board of Directors shall exist (1) on the death,resignation or removal of any director, (2) whenever the number of authorized directors is increased, and (3) whenever any director is absent from three consecutive regularly scheduled Board meetings without prior notice. Any director may resign effective upon giving written notice to the Chairperson of the Board, the President, the Secretary or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. No director may resign if the corporation would then be left without a duly elected director or directors in charge of its affairs, except upon notice to the Office of the Attorney General or other appropriate agency of this state. Directors may be removed from office, with or without cause, as permitted by and in accordance with the laws of this state. Unless otherwise prohibited by the Articles of Incorporation, these Bylaws or provisions of law, vacancies on the Board may be filled by approval of the Board of Directors. If the number of directors then in office is less than a quorum, a vacancy on the Board may be filled by approval of a majority of the directors then in office or by a sole remaining director. A person elected to fill a vacancy on the Board shall hold office until the next election of the Board of Directors or until his or her death, resignation or removal from office. Section 16.Nonliability of Directors The directors shall not be personally liable for the debts, liabilities or other obligations of the corporation. Section 17. Indemnification by Corporation of Directors and Officers The directors and officers of the corporation shall be indemnified by the corporation to the fullest extent permissible under the laws of this state. Section 18. Insurance for Corporate Agents Except as may be otherwise provided under provisions of law, the Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the Bylaws of Kohala Lihikai Page 5 of 16 corporation (including a director, officer, employee or other agent of the corporation) against liabilities asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the Articles of Incorporation, these Bylaws or provisions of law. Article 4 Officers Section 1. Designation of Officers The officers of the corporation shall be a President, a Vice President, a Secretary and a Treasurer. The corporation may also have a Chairperson of the Board, one or more Vice Presidents, Assistant Secretaries, Assistant Treasurers and other such officers with such titles as may be determined from time to time by the Board of Directors. Section 2. Qualifications Only a director may serve as an officer of this corporation. Section 3. Election and Term of Office Officers shall be elected by the Board of Directors, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. Section 4.Removal and Resignation Any officer may be removed, with cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the corporation_ Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract, which has been approved or ratified by the Board of Directors relating to the employment of any officer of the corporation. Section 5. Vacancies Any vacancy caused by the death, resignation, removal, disqualification or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the Board may or may not be filled as the Board shall determine. Section 6.Duties of President The President shall be the chief executive officer of the corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers. She or he shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation or by these Bylaws or which may be prescribed from time to timeby the Board of Directors. Unless another person is specifically appointed as Chairperson of the Board of Directors, the President shall preside at all meetings of the Board of Directors. Except as otherwise expressly provided by law, by the Bylaws of Kohala Lihikai Page 6 of 16 Articles of Incorporation or by these Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks or other instruments which may from time to time be authorized by the Board of Directors. Section 7.Duties of Vice President In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation or by these Bylaws or as may be prescribed by the Board of Directors. Section 8.Duties of Secretary The Secretary shall: Certify and keep at the principal office of the corporation the original, or a copy, of these Bylaws as amended or otherwise altered to date. Keep at the principal office of the corporation or at such other place as the Board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors, recording therein the time and place of holding, whether regular or special,how called, how notice thereof was given, the names of those present or represented at the meeting and the proceedings thereof. See that all notices are duty given in accordance with the provisions of these Bylaws or as required by law. Be custodian of the records and of the seal of the corporation and affix the seal, as authorized by law or the provisions of these Bylaws, to duly executed documents of the corporation. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on request therefore, the Bylaws and the minutes of the proceedings of the directors of the corporation. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation or by these Bylaws or which may be assigned to him or her from time to time by the Board of Directors. Section 9.Duties of Treasurer The Treasurer shall: Have charge and custody of, and be responsible for, all funds and securities of the corporation, and deposit all such funds in the name of the corporation in such banks, trust companies or other depositories as shall be selected by the Board of Directors. Receive, and give receipt for, monies due and payable to the corporation from any source whatsoever. Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Board Bylaws of Kohala Lihikai Pab e 7 of 16 of Directors, taking proper vouchers for such disbursements. Keep and maintain adequate and correct accounts of the corporation's properties and business transactions, including accounts of its assets,liabilities, receipts, disbursements, gains and losses. Exhibit at all reasonable times the books of account and financial records to any director of the corporation, or to his or her agent or attorney, on request therefore. Render to the President and directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the corporation. Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. In general,perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation of the corporation or by these Bylaws or which may be assigned to him or her from time to time by the Board of Directors. Section 10. Compensation The officers shall serve without compensation except, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Article 5 Committees Section 1.Executive Committee The Board of Directors may, by a majority vote of its Members, designate an Executive Committee consisting of Board Members and may delegate to such committee the powers and authority of the Board in the management of the business and affairs of the corporation, to the extent permitted, and except as may otherwise be provided, by provisions of law. By a majority vote of its Members, the Board may at any time revoke or modify any or all of the Executive Committee authority so delegated, increase or decrease but not below two (2) the number of the Members of the Executive Committee and fill vacancies on the Executive Committee from the Members of the Board. The Executive Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records and report the same to the Board from time to time as the Board may require. Section 2. Other Committees The corporation shall have such other committees as may from time to time be designated by resolution of the Board of Directors. These committees may consist of persons who are not also Members of the Board and shall act in an advisory capacity to the Board. Section 3. Meetings and Action of Committees Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its Members for the Board of Directors and its Members, except that the time for regular and Bylaws of Kohala Lihikai Page 8 of 16 special meetings of committees may be fixed by resolution of the Board of Directors or by the committee. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are consistent with the provisions of these Bylaws. Article 6 Execution of Instruments,Deposits and Funds Section 1. Execution of Instruments The Board of Directors,except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances.Unless so authorized, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. Section 2. Checks and Notes Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money and other evidence of indebtedness of the corporation shall be signed by the Treasurer or by the President of the corporation. Any check for more than $500 must have both the Treasurer's and President's signatures. Section 3.Deposits All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks,trust companies or other depositories as the Board of Directors may select. Section 4. Gifts The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the nonprofit purposes of this corporation. Article Nine outlines Kohaia Lihikai's gift acceptance policy, which requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 7 Corporate Records, Reports,Inspections, and Seal Section 1. Maintenance of Corporate Records The corporation shall keep at its principal office: (a. )Minutes of all meetings of directors, committees of the Board indicating the time and place of holding such meetings, whether regular or special, how called, the notice given and the names of those present and the proceedings thereof; (b.) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses. Revenue shall be recorded and broken out into three categories: related or exempt function revenue (based on non-profit mission), unrelated business revenue (not related to exempt purpose) and revenue excluded from tax (interest, dividends, royalties, gains, etc.) Bylaws of Kohala Lihikai Page 9 of 16 Non-cash contributions shall be recorded and broken down by specific type (time. goods, services, etc.) The value of non-cash contributions is determined using Federal guidance for the same and by the market value of the goods or services. Revenue received by Kohala Lihikai in excess of$5,000 from anyone contributor must be itemized and detailed. Revenue derived from"special events" in excess of$15,000 shall be separated from other revenues received. (c.) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date at all reasonable times during office hours. Section 2. Corporate Seal The Board of Directors may adopt, use and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. Section 3.Directors` Inspection Rights Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation and shall have such other rights to inspect the books, records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws and provisions of law. Section 4.Public's Inspection Rights Kohala Lihikai shall make its governing documents, policies and financial statements available to the public upon request and in adherence to time frames outlined by the IRS. Documents will be reviewed at the Kohala Lihikai office. Section 5. Right To Copy And Make Extracts Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection shall include the right to copy and make extracts. Section 6. Periodic Report The Board shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state or to the members, if any, of this corporation, to be so prepared and delivered within the time limits set by law. Article 8 IRC 501(c)(3) Tax Exemption Provisions Section 1.Limitations on Activities No substantial part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code), and this corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. Notwithstanding any other provisions of these Bylaws, this corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of Bylaws of Kohala Lihikai Page 10 of 16 the Internal Revenue Code. Section 2.Prohibition Against Private Inurement No part of the net earnings of this corporation shall inure to the benefit of, or be distributable to, its directors or trustees, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this corporation. Section 3. Disclosure of Potential and Real Conflicts of Interest Kohala Lihikai shall have a written conflict of interest policy, which all Board Members and key employees sign at the first Board meeting of the year. This policy requires that interests that could potentially give rise to conflicts be disclosed in writing. If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. Section 4. Disclosure of Related Party Transactions In addition to signing Kohala Lihikai's Conflict of Interest Disclosure form during the first meeting of the calendar year, all officers, directors, and key employee shall disclose on same form whether they have any related party transactions with any other officer, director, or key employee, If any real or potential conflict is identified, the individual(s) with the potential or -~ actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Section 5.Distribution of Assets Upon the dissolution of this corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state. Section 6. Private Foundation Requirements and Restrictions In any taxable year in which this corporation is a private foundation as described in Section 509(a) of the Internal Revenue Code, the corporation 1) shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Internal Revenue Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code; 4) shall not make any investments in such manner as to subject the corporation to tax under Section 4944 of the Internal Revenue Code; and 5) shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code. Bylaws of Kohala Lihikai Page I I of 16 Article 9 Organization Policies Kohala Lihikai as a nonprofit, tax-exempt organization, depends on charitable contributions from the public. Maintenance of its tax-exempt status is important both for its continued financial stability and for the receipt of contributions and public support. Therefore, the operations of Kohala Lihikai first must fulfill all legal requirements. Kohala Lihikai also depends on the public trust and thus is subject to scrutiny by and accountability to both governmental authorities and members of the public. Consequently, there exists between Kohala Lihikai and its Board, officers, and management employees a fiduciary duty that carries with it a broad and unbending duty of loyalty and fidelity. The Board, officers, and management employees, if any, have the responsibility of administering the affairs of Kohala Lihikai honestly and prudently, and of exercising their best care, skill, and judgment for the sole benefit of Kohala Lihikai. The interests of the organization must have the first priority in all decisions and actions. Therefore Kohala Lihikai has adopted the policies summarized below. All Board Members will review and sign these policies at the first meeting of the year. (a.) Conflict of Interest ensures Kohala Lihikai's Board, officers, and management employees, if any, shall exercise the utmost good faith in all transactions involved in their duties, and they shall not use their positions with Kohala Lihikai or knowledge gained there from for their personal benefit. Persons Concerned: This Conflict of Interest policy is directed not only to Board Members and officers,but to all employees, if any, who can influence the actions of Kohala Lihikai. For example, this includes all who make purchasing decisions, all other persons who might be described as "management personnel," and all who have proprietary information concerning Kohala Lihikai. Key Areas in Which Conflict May Arise: Conflicts of interest may arise in the relations of directors, officers, and management employees, if any, with any of the following parties: • Persons and firms supplying goods and services to Kohala Lihikai • Persons and firms from whom Kohala Lihikai leases property and equipment • Persons and firms with whom Kohala Lihikai is dealing or planning to deal in connection with the gift, purchase or sale of real estate, securities, or other property • Competing or affinity organizations • Donors and others supporting Kohala Lihikai • Recipients of grants from Kohala Lihikai • Agencies, organizations, and associations that affect the operations of Kohala Lihikai • Family members, friends, and other employees • A related party, such as an officer, director, trustee, or key employee Nature of Conflicting Interest: A material conflicting interest may be defined as an interest, direct or indirect, with any persons and firms mentioned in the above paragraphs. Such an interest might arise, for example, through ■ Owning stock or holding debt or other proprietary interests in any third party dealing with Kohala Lihikai. • Holding office, serving on the Board, participating in management, or being otherwise Bylaws of Kohala Lihiltai Page 12 of 16 employed (or formerly employed) by any third party dealing with Kohala Lihikai. • Receiving remuneration for services with respect to individual transactions involving Kohala Lihikai. • Using Kohala Lihikai's time,personnel, equipment, supplies, or good will other than for approved Kohala Lihikai activities, programs, and purposes. • Receiving personal gifts or loans from third parties dealing with Kohala Lihikai. Receipt of any gift is disapproved except gifts of nominal value that could not be refused without discourtesy. No personal gift of money should ever be accepted. Interpretation of This Statement of Policy: The areas of conflicting interest listed above, and the relations in those areas that may give rise to conflict, as listed above, are not exhaustive. Conceivably, conflicts might arise in other areas or through other relations. It is assumed that the trustees, officers, and management employees will recognize such areas and relation by analogy. The fact that one of the interests described in above exists does not mean necessarily that a conflict exists, or that the conflict, if it exists, is material enough to be of practical importance, or if material that upon full disclosure of all relevant facts and circumstances that it is necessarily adverse to the interests of Kohala Lihikai. However, it is the policy of the Board that the existence of any of the interests described previously shall be disclosed on a timely basis and always before any transaction is consummated. It shall be the continuing responsibility of Board, officers, and management employees to scrutinize their transactions and outside business interests and relationships for potential conflicts and to immediately make such disclosures. Disclosure Policy and Procedure: Disclosure should be made according to Kohala Lihikai standards. Transactions with related parties may be undertaken only if all of the following are observed: A material transaction is fully disclosed in the financial statements of the organization; The related party is excluded from the discussion and approval of such transaction; A competitive bid or comparable valuation exists; and The organization's Board has acted upon and demonstrated that the transaction is in the best interest of the organization. Disclosures should be made to the President or Chairperson of the Board, who shall determine whether a conflict exists and is material, and if the matters are material, bring them to the attention of the full Board of Directors. If a potential or material conflict exists, the Board Member with the potential or material shall excuse his or herself from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. The Board shall determine whether a conflict exists and shall determine whether the contemplated transaction may be authorized as just, fair, and reasonable to Kohala Lihikai. The decision of the Board on these matters will rest in their sole discretion, and their concern must be the welfare of Kohala Lihikai and the advancement of its purpose. (b.) Whistleblower - ensures that any person affiliated or not affiliated with the organization may report any wrong-doing including safety violations or inurnment issues and shall not be penalized or intimidated in any way for doing so. All independent contractors shall be made aware of this policy and where they can report any concerns if they are not comfortable reporting -- them to a Board Member. Bylaws of Kohala Lihikai Page 13 of 16 (c.) Nondiscrimination —ensures Kohala Lihikai recruits, promotes, trains, terminates, and employs qualified persons on the basis of merit without regard to race, color, religion, national origin, sex, age, ancestry, marital status, sexual orientation, transgender status, disability, pregnancy, disability, military or veteran status, or any other protected class as set forth under applicable state and federal civil rights laws. Any employment or contracting decisions will be based on the individual's qualifications to perform the job. This policy of nondiscrimination applies to employment, training, compensation, promotion, transfer, social and recreational programs, and all other conditions of employment. All projects or any kind of financial award shall be implemented on this nondiscriminatory basis. It is the policy of Kohala Lihikai to, Ensure equal opportunity for all people without regard to race, color, religion, national origin, sex, age, ancestry, marital status, sexual orientation, disability, military or veteran status, or any other protected class. Make reasonable accommodations wherever necessary for all employees or applicants with disabilities,provided that the individual is otherwise qualified to perform the major functions of the job. Thoroughly investigate instances of alleged discrimination and take corrective action if warranted. Any persons associated with Kohala Lihikai who has become aware of violations of this provision has the affirmative obligation to report the conduct to the President of the Board of Directors or another Board Member if the President is the offending party. -- Nondiscrimination Complaint Procedure: If any individual or organizations feels that Kohala Lihikai has violated its Nondiscrimination policy and/or violated Federal or State nondiscrimination laws, they may submit a complaint in writing or in-person to a Board Member or staff, if any, who must then document this complaint in-writing and forward it to all Members of the Board of Directors. A special meeting of the Board will then be called to review the complaint and to determine what action should be taken. Please note that multiple meetings may be necessary to resolve a complaint. Kohala Lihikai will also supply information to the complainant as it is available on what government agency may be contacted to register a complaint if the individual or organization is not satisfied with the Board's findings and actions. If, after submitting a complaint and if after the special meeting(s) of the Board, a complaint has not been addressed to the satisfaction of the complaining party, the following government agencies may be contacted for assistance: For violations of Federal law, contact the U.S. Department of Labor at, 1-866-4-USA-DOL (1-866-487-2365) Or at TTY Number (General DOL Inquiries): 1-877-889-5627 Or at http:llwww.dol.gov/dolltopic/discrimination/ethniedisc.htm For violations of State discrimination laws, contact the Hawaii State Department of Labor and Industrial Relations and the Hawaii Civil Rights Commission at: (808) 586-8636 or, to dial a local number call 974-4000, Ext. 6-8636. Or atTDD:(808) 586-8692 Bylaws of Kohala Lihikai Page 14 of 16 Or at http://hawaii.gov/labor/herc (d.) Document Retention and Destruction—this policy covers tax returns,receipts, invoices, grant contracts and associated reports, documentation for equipment and other assets, budgets, work plans, employee files, and contractor information. All Kohala Lihikai documents must be retained for five years with the exception of tax returns, organizational books, employee records, bylaws and amendments, and the articles of incorporation, which must be maintained for the life of the organization. (e.) Compensation - Kohala Lihikai's Board of Director's shall determine compensation for any contractor or employee commensurate with the individual's skills and experience and in alignment with the compensation for contractors or employees for organization's with similar budgets, administrative, and project responsibilities. The data from other organizations as well as the reasoning and discussion for the final compensation shall be recorded in the minutes of the organization, including how each member of the Board of Directors voted on any compensation. (f.) Gift Acceptance—Kohala Lihikai requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 10 Amendment of Bylaws -� Section 1. Amendment Except as may otherwise be specified under provisions of law, these Bylaws, or any of them, may be altered, amended or repealed and new Bylaws adopted by approval of the Board of Directors. Article 11 Construction and Terms If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of this corporation, the provisions of the Articles of Incorporation shall govern. Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding. All references in these Bylaws to the Articles of Incorporation shall be to the Articles of Incorporation, Articles of Organization, Certificate of Incorporation, Organizational Charter, Corporate Charter or other founding document of this corporation filed with an office of this state and used to establish the legal existence of this corporation. All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of any future federal tax code. Bylaws of Kohala Lihikai Page 15 of 16 ADOPTION OF BYLAWS We, the undersigned, are all of the initial directors or incorporators of this corporation, and we consent to, and hereby do, adopt the foregoing Bylaws, consisting of 16 pages, as the Bylaws of this corporation. Dated: June 15, 2012. Bylaws of Kohala Lihikai Page 16 of 16 Kohala Lihikai August 2011 Our Vision Kohala Community Based Stewardship In Action Mission Statement: We protect access and open space in its natural state utilizing methods appropriate for each parcel including cooperative agreements, easements, and acquisitions. We foster community-based stewardship involving descendents, coast users, youth, cultural practitioners, and kupuna in cooperation with landowners, government agencies, and local groups. We support the use of traditional Hawaiian natural resource management principles and practices, while incorporating new information, science, technology and community needs on a site-by- site basis. Working Relationships The Kohala-based stewardship organization would have the following working relationships: • The NK Community Access Group and CDP Action Committee to Hawaii County • The Ala Kahakai Historic Trail to the National Park Service • The DOT, DLNR and other State agencies • The Planning Department to County of Hawaii • The Commission on Public Access, Open Space and Natural Resources for the County Open Space Fund • The State Legacy Land Preservation Commission for the Legacy Land Fund • Kamehameha Schools and their subsidiaries • Kohala connections would be initially but not limited to all the schools of North Kohala, Maika'i Kamakani O Kohala, Kamakani O Kohala Ohana— Kako'o, Kohala Historic and Cultural Preservation Group, Malama Kohala Kahakai, Malama Na Wahi Pana O Kohala, National Guard Alumni and Kohala Seniors Athletic Club. Goals The goals of the group are: 1. Perpetuate community stewardship of open space and access on a place by place basis in working partnership with land owners and government agencies. 2. Preserve the natural open space makai of Akoni Pule Highway and other mauka areas with great value to the community in perpetuity. Objectives The following objectives are equally important: • Establish stewardship programs and activities for each parcel or section of the coast to promote the following: 1. Cultural and historic preservation 2. Appropriate level of access 3. Environmental restoration and stabilization • Continue to evaluate the impact of access on natural and cultural resources of all lands with the ability to make changes on the level of access as needed • Involve youth by connecting them to kupuna to promote traditional ahupua'a practices • Educate and involve young people to be stewards of Kohala coastal lands • Do hands on work including ■ Maintain existing roads, trails and parking areas ■ Posting and maintaining signs ■ Planting natives trees and ground cover • Prioritize the purchase and preservation of significant Kohala land for community use from Kawaihae to Pololu. • Use a variety of tools and seek a variety of funding sources to secure open space protection • Work with government and private organizations to secure meaningful liability protection Summary of Recommendations from the Hawaii County Maintenance Grant Kaiholena and Pao'o, North Kohala 2018-2020 Community Archeology Recommendations for Next Steps • Continue to identify and map features not previously accounted for, primarily trails and water and salt collection and features • Install signs to encourage leaving sites intact and encourage leave no trace. Students constructed signs and we will install near the public access turn out once we have permission from the County. See Appendix A. • Remove white posts that identify key sites. These now act as markers for rock pickers to loot sites. They also impact the view planes. This task can be part of the next phase in community archeology, where student interns work with archeologists. • Teach the next cohort of students mapping skills, led by Kohala students trained during this project. • Use students in all arch work on PONC properties. It's an excellent opportunity for students to learn STEM skills while deepening their knowledge and connection to their community lands, which creates very knowledgeable and committed land stewards. The archeologists we worked with are happy to work with students around the island. • Mitigate erosion that can impact arch and cultural sites with biodegradable waddles and vegetation. Pa'uohi'iaka and ilima were found at both Pao'o and Kaiholena and are excellent choices for revegetation for erosion control. • to the area. Dumping is not widespread (below right). Wildfire Mitigation Recommendations and Next Steps • Continue internships for Kohala students to continue mapping resources that are important to understand and/or use in wildfires, creating and refining detailed wildfire resource maps. These maps will be instantly accessed on a phone or tablet by the Hawaii County Fire Department and will identify existing roads and fuel breaks from which fires can be attacked for suppression, as well as key areas to protect in the kiawe if a fire breaks out on the shoreline. The highest concentration of sites is near the water. The maps can be separated into two maps: 1.) The Suppression Access maps identify roads and firebreaks that can be traversed by heavy equipment without impacting cultural sites and, 2.) the Mitigation Maps identify areas that have been treated to minimize wildfire, which can be used for planning to further mitigation efforts and proactively protecting cultural sites or important habitats and species. Key partners include Kohala High School, Hawaii County Fire Department, and the NPS Ala Kahakai National Historic Trail personnel. Summary of Recommendations from COH Maintenance Grant for Kaiholena and Pao'o, North Kohala 2018-2020 Page I of 3 • Consult with descendants of Kauwe ohana regarding extracting kiawe from this key site at Pao'o. • Install a cigarette receptacle for people to deposit used cigarette butts at the turn outs at Kaiholena. • Identify strategies to protect sites that will be more accessible with reduction in kiawe which currently acts as a physical barrier and visual screen. Signage and regular "rangers" or stewards may be potential solutions. • Continue wildfire mitigation until kiawe fuel load is significantly reduced. This may take two years. • Regularly (3 x per year) weed whip a 20 ft buffer at the three pull outs on County land because wildfires often start near roads, especially when people are already using these areas as places to take smoke breaks. User Survey Recommendations and Next Steps • Under the guidance of Kohala community groups and individuals with planning expertise, support students to develop a long-term management plan for Kohala. Small group meetings are often most effective for gathering input and sharing with the community and encourage greater participation than larger community planning meetings. • Petition "Big Island Revealed" to remove Kaiholena from its guidebook given that Kaiholena has the highest number of intact, precontact archeological and cultural sites in the State and the community needs time to determine optimal strategies for outside users who are likely unaware of the values. • Work with nonprofits in other areas of the island to create a public service announcement (PSA) for local radio stations to encourage taking only what folks need when fishing and discourage bleaching. • Develop PSA for local Kohala radio station re the above message. • Identify several key trails and mark them so visitors don't stray off the trails. This limits impact to sites and wildfire risk. • Install additional signage for: o Discouraging rock picking and dumping o Encouraging people to stay on the trails that are designated per above. o Encouraging people to take only what they need when fishing and no bleaching. • Low maintenance composting toilets in five popular camping locations (3 at Kaiholena and 2 at Pao'o) and at the primary highway turnout might be considered as use increases. Similar to what is used in back country wilderness areas. • The design for any future interpretive signs might consider including a color palette that blends into the arid colors that dominate the open view planes of Kaiholena. Summary of Recommendations from COH Maintenance Grant for Kaiholena and Pao'o, North Kohala 2018-2020 Page 2 of 3 • Continue to keep the Kohala community in the loop on coastal stewardship through articles in the local Kohala Mountain News and occasional email blasts and surveys. Summary of Recommendations from COH Maintenance Grant for Kaiholena and Pao'o, North Kohala 2018-2020 Page 3 of 3 Department of Parks & Recreation Aupuni Center 101 Pauahi Street, Suite 6 Hilo, HI 96720 Telephone: (808) 961-8311 PONC STEWARDSHIP GRANT REQUEST A. NAME AND ADDRESS OF ORGANIZATION: Kohala Lihikai, 501 (c)(3) nonprofit organization PO Box 76, Hawi, HI 96719 B. REQUIRED DOCUMENTS: x Non-profit (501(c)(3), IRS letter of determination x Copy of organization bylaws and mission statement x DCCA Certificate of Vendor Compliance C. PERSON TO CONTACT: Gail Byrne Baber Phone No: Mobile: 808-938-8880 Email Adress: gailbyrnebaber@gmail.com D. PROJECT PERIOD: 12 months from to time of award. E. PROJECT AREA• Kaiholena, North Kohala DEPARTMENT OF PARKS &RECREATION Page 1 F. PROJECT COST Applicant share: $ 10,500 Other resources: $ 12,720 Amount requested: $ 490M 59,298 Total Project Cost: $ 900 82,518 G. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of his/her knowledge. NAME OF AUTHORIZED OFFICIAL: Joseph Carvalho TITLE OF AUTHORIZED OFFIICCIAL: 1 19 President SIGNED: '1O sed ago- DATE: 8/28/20 Who to contact with any questions? Gail Byrne Baber, 808-938-8880, gailbyrnebaber@gmail.com Include Map of Maintenance Area. Please see attachments. DEPARTMENT OF PARKS &RECREATION Page 2 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application): Please see attachments. DEPARTMENT OF PARKS &RECREATION Page 3 II. PROJECT DESCRIPTION A. Location of Project: Kaiholena, North Kohala B. Number of Persons Who Will Benefit: 3.000 C. Project Description (Give a brief description of the work that will be done with the funds requested, including a timeframe and activities to accomplish stated purpose. Additional pages may be attached): Please see attachments. DEPARTMENT OF PARKS &RECREATION Page 4 III. PERMITS/APPROVALS REQUIRED A. Environmental Assessments (ENs): n/a B. Special Management Area (SMA) Permit: n/a C. Other: n/a , possibly CDUA DEPARTMENT OF PARKS &RECREATION Page 5 IV. PROJECT BUDGET Please attachments A. Budget Details PROJECT APPLICANT OTHER AMOUNT BUDGET SHARE RESOURCES REQUESTED TOTAL $ $ $ $ $ $ $ $ $ $ $ Total $ $ $ $ DEPARTMENT OF PARKS &RECREATION Page 6 V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization (use attachments where appropriate): Please see attachments. B. Main source(s) of financial support: Please see attachments. C. Please list prior projects successfully completed: 1 Please see attachments. 2. 3. DEPARTMENT OF PARKS &RECREATION Page 7 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: x Certificate of insurance shall be required with County of Hawai'i named as additional insured. X Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS &RECREATION Page 8 Kaiholena Business Plan,Project,Budget, and Applicant Information I. Business Plan Kohala's long-term vision to ensure the sustainable stewardship of these lands is to support the development,by local families and community groups, of services and goods related to these land and that a portion of the income derived is returned to stewardship of the land. A very important component of this vision is to create career pathways for Kohala youth to learn from professionals in the fields of natural and cultural resource management and conservation and provide hands-on internship and mentoring opportunities for them. We employ the principals of social commerce - community networks (community groups,families,locally based businesses) -to inform and drive economic activities creating jobs that protect resources and provide income for Island families. localized,Lands support intergene rational collaboration for support-'Emphasis on community self-reliance and resiliency -:-Steward shi pand restoration activities generate income to Managed shoreline fbod sources, reviving dry land cultivation methock salt making, wildfire 111'EtigaHonetc. Stewardship . restoration y \l ProductsIncome Community subsistence, .{ . . . . �. employment 12 Kaiholena-Kohala Lihikai Application for Maintenance Funds Page I of 10 II. Project Description A. Location of Project Kaiholena, North Kohala B. Number of Persons Who Will Benefit 3,000, including, • 7 - 10 Kohala High School students,with more on campus (-20 to 30) through classroom presentations and work, • 5 residents employed for wildfire mitigation, • all community members who frequent the coast, and, • government agencies tasked with fire suppression- mitigation can decrease cost to these agencies. C. Project Description The primary project activities implement the recommendations from the final report for the last stewardship grant for Kaiholena, including immediate outreach and signage about leaving no trace and not picking rocks from archeological sites for rock walls, guidance on how to protect the fishery, etc. Please see the attachments for a summary of recommendations from the last maintenance grant work. Work will continue on community-based archeology,involving Kohala students,as well as wildfire mitigation. Work will begin on drafting a long-term management plan. Community-based Supplemental Archeological Survey This project builds on community archeology work completed in 2020 and is designed to augment existing and newly completed archeological surveys at Kaiholena through employing students to verify and identify features possibly not identified. Kaiholena has the highest concentration of intact, pre-contact archeological sites in the State and additional field work will help further define features and/or identify features not yet identified. Working with National Park Service and other island professional archeologists,the existing Kaiholena archeological information will continue to be expanded through community-based archeology. First, consultations with descendents will be contacted to ask for their permission and input on how to proceed with this project, including, if they wish to do so, contributing their knowledge regarding sites or determining which knowledge should not be shared publicly. Depending on their input this project may be adjusted. Next,professional archeologists and Kohala students who participated in the last round of community archeology will provide an overview to a new cohort of local students on archeological work in Kohala and the tools and techniques typically used in survey work through three classroom visits. This same information will be provided at a community workshop,which was a sound success under the last stewardship grant. The workshop helped to generate a feeling of stronger protection and stewardship for the area. Archeological data will be gathered during field trips with students and community members. Paid internships will be offered to Kohala students to spearhead working in-the field and Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 2 of 10 assisting with updating and expanding the archeological assessment from the field data. The assessment will be reviewed by NPS archeologist and the other on-island archeologists participating in this project. The assessment will contribute to a preservation plan for this area that is driven by the community. It became clear under the last project that a final preservation and stewardship plan will take several years of community outreach and input. Follow-up on User Surveys- Outreach to Increase Critical Stewardship Actions The user survey analysis from the last stewardship project at Kaiholena identified the following recommendations: 1. Install two interpretive signs at the primary entrances to Kaiholena to encourage leaving archeological sites intact,leaving no trace, and information about how to protect the nearshore habitat and fisheries. The signs will not be visible from the highway(to discourage motorists from stopping). 2. Install one interpretive sign at the most heavily used Bay encouraging care for the nearshore environment and fisheries with basic recommendations for leaving no trace. 3. Design a public service announcement for Kohala radio and island-wide radio stations and the local Kohala paper, encouraging people to leave no trace when visiting the coast,with specific guidance and actions people can take. Ensure the PSA is aired. This project activity is conducted with volunteer time and no funds are requested. Through classroom visits, individuals with professional experience designing and implementing conservation and preservation projects will provide an overview to local students of and the tools and techniques typically used in this type of work. Paid internships will be offered to students to implement these projects. Wildfire Mitigation This area is in the heart of an area at high risk for devastating wildfires as the dominant vegetation,kiawe and grasses, easily carry fire. Fires in the area have devastated native vegetation, created erosion, and destroyed cultural sites -kiawe burns so hotly that pohaku explode. This project will mitigate wildfire to prevent erosion impacts to water and air quality and endangered species habitat by 1.) installing a closed,steel cigarette receptacle (closed ashtray) at the primary Kaiholena Public Access. Mitigation work (weedwhacking) under the previous grant, revealed numerous cigarette butts in the grass next to the parking lot at Kaiholena- a fire waiting to happen; 2.) trimming kiawe to minimize the possibility of ground fires moving up into trees (which creates hotter,more destructive fires), and 3.) weedwhacking to decrease ground fuels. This fuels reduction work will be completed by on-island crews trained in working in culturally and archeologically sensitive areas,following protocols to ensure natural resources are protected as well as localized micro-environments (balance of shade and moisture retention with reduction of hazardous fuels). Forty hours of mitigation work will be accomplished by a six-member crew with training in Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 3 of 10 working in culturally sensitive areas. Before and after photos and estimates of reduced fuel load will be done. Terrain varies so it is difficult to estimate before- hand the exact acreage to be treated. Mitigation needs vary by year and season, however,the reduction of ladder fuels (tree limbs that can spread a grass fire up into trees) and piles of kiawe left from archeology work done by the previous landowner is a priority. Please see the project Implementation Schedule on page 4. Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 4 of 10 Implementation Schedule aiholena Month Action # Actions 1 2 3 4 5 6 7 8 9 10 12 For all activities,secure all required approvals and permits. EA not required. Secure exemption for 1 CDUA. x x x For all tasks, progress reports and final report to summarize work accomplished to County w/lessons 2 learned Community-based Supplement Archeology Asssessment Host planning meeting with volunteer archeologists and Kohala High School teachers-adapt project as 3 needed. X 4 Vist class rooms with archeologists x x x Recruit students and select paid internships for high 6 school students x x x Conduct site visits with archeologists and students. 7 Equipment from previous grant to be used. x Students draft assessment under guidance from 8 archeologists and mentor coordinator x x x Create wildfire resource and suppression access maps for firefighters to use to access lands without 9 impacting sites for fire suppression. I I ix x ix 10 Host community workshop x 11 Wildfire Mitigation Conduct planning meetingto refine scope of work if 12 needed x Conduct site-visit to refine scope of work-exact areas of fuels reduction for optimal protection of 13 1 resources I Ix Order and isntall steel cigarette receptical at 14 Kaiholena access x x x x Take pre-mitigation photos and measurements of areas to be treated and estimates of fuels to be 15 reduced x Hire crew trained in mitigation in resource senstive areas and rent needed equipment (safety, 16 weedwhippers,chainsaws,chains,chipper) x 17 Review training with crews,on-site x Conduct mitigation under the supervision of an arechologist and experienced individival in wildfire 18 mitigatin I I I I IX IX Take post-mitigation photos and measurements of 19 area treated and estimates of fuel reduced x x 20 outreach to Increase Community Stewardship Actions Host planning meeting with Kohala High School teachers-likely combined with Community Based 21 Archeology planning meeting x Visit classrooms with resource management 22 professionals x x 23 Offer and select paid high school interns x Interns visit site,design,and install interpretive signs and begin conversations in the community 24 through small group meetings. x x x x x x Interns visit site,design,and install interpretive signs under mentor coordinator guidance. Summarize outline of community supported 25 stewardship actions for next steps. I I x x x x x Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 5 of 10 IV. Project Budget A. Budget Details Other Amount Project Budget Applicant Share Resources Requested Total Community-based archeology 4 student intenrshi s and mentor coordinator $2,000 $8,000 $10 000 Donated archeologists time-80 hrs x$124/hr $9,920 $9,920 Subtotal $2,000 $9,920 $8,000 $19,920 Wildfire Mititation Galvinized steel tube cigarette receptacle plus materials and time to install $1,000 $1,000 Printining for wildfire cultural resources and suppression maps informed by archeology work. $100 $100 Trail crew time for weedwhacking and kiawe fuels reduction. Includes chipper rental and management time. $800 $19,000 $19,800 Subtotal $0 $800 $20,100 $20,900 Outreach to Increase Community Stewardship Actions Three interpretive signs installed. Cantileaver style similar to what is at the old parking lot at Kaiholena. $15,000 $15,000 High school internships and mentor coordinator to conduct site visits,design signs and begin conversations with community about implementing user survey actions including bathrooms designated trail usage,etc. $2,000 $8,000 $10 000 Public Service Announcements for island radio stations educating and encouraging stewardship $1,000 $1,000 1 $3,000 $0 $23,000 $26,000 Subtotal of 3 Activities $5,000 $10,720 $51,100 $66,820 Other In-kind liability and medical for all projects-provided through NPS $2,000 $2,000 Project Coordination and Compliance-Kohala Lihikai,Kohala High School,Malama Kohala Kahakai,community groups, vendors,etc. $5,500 $8,000 $13,500 Transportation for interns for arch and stewardship outreach- approx 15 site visits x$0.55/mi x 30 mi/rt; Kaiholena and Pado assesments with interns will be on different days. $198 $198 $5,500 $2,000 $8,198 $15 698 Fiscal Sponsor Fee $4,744 $4,744 TOTAL $10,500 $12,720 $59,298SIIIIIIIIIII1lII11IIIIIIIIIIIII1$82,518 V. Applicant Information A. History Kohala Lihikai was formed through the cooperation of the many community groups in North Kohala that have for years focused on cultural, access and environmental preservation of the district's coast. The recognition that the community needed one non-profit group to undertake responsibility for stewardship of public and private lands brought together leaders of these groups to form the core of Kohala Lihikai, which was incorporated in August 2011. It was through the efforts of five of these groups that the lands at Pao'o and Kaiholena were nominated and purchased. The current board of directors consists of the following: Joe Carvalho of the North Kohala Community Access Group; Mike Isaacs of Kohala Historic and Cultural Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 6 of 10 Preservation Group; Fred Cachola of Malama Wahi Pana 0 Kohala; Gail Byrne Baber of Malama Kohala Kahakai; Dennis Matsuda; Sarah Pule Fujii of Friends of Keokea Park and Ralph Galan of Galan Ohana and Toni Withington of Kamakani 0 Kohala Ohana. B. Main Sources of Financial Support Most of Kohala Lihikai's work has been accomplished through volunteer time and donated resources. We are fortunate to be able to partner with a number of other community groups to leverage our work and we also work with the National Parks Service Ala Kahaka National Historic Trail,which has significant capacity to support community based work,e.g. NPS is allowing us to work under the MOU with the County so that Kohala Lihikai is covered by liability insurance. We have received a few small donations and partnered with Malama Kohala Kahakai on a project funded by the Hawaii Tourism Authority. We are continuing to build our capacity to fund our work. C. Projects Successfully Completed Participating and volunteering in the last stewardship funded by the County at Kaiholena, 2017 to 2020. Continuing restoration using native plants of the mile-long shoreline makai of Upolu Airport. This involves coordination with Department of Transportation,Airports Division; National Park Service,Ala Kahakai National Historic Trail; Department of Education, Kohala High School, Kohala Middle School; Hawaii County Department of Planning and nine community organizations. The project includes soil erosion control,archaeological review,trail location, potting and transplanting naupaka and other native plants,a watering system. Of particular note is a sign painting project with Kohala Middle School art classes that involved education on the ethnobiology of native plants and the designing and painting of three large project signs and 12 interpretive signs over two years. Coordinating community work on a rails-to-trails project for the old Mahukona railroad. Establishing a mentoring project with Kohala High School students for the repairing and stabilizing of stone walls at Lapakahi State Historic Park that were damaged by the 2006 earthquake. The best native stone builders in the state were brought in to supervise the project. This involved coordination with the high school, State Parks Department, HSPD and Ala Kahakai National Historic Trail. Co-sponsoring Kanikapila a me Mo'olelo o Kohala, and afternoon and evening of music,talk story and dinner open to all in Kohala, in October 2012. The community dialog opened Kohala Lihikai's on-going program of open community participation in coastal, cultural and access issues. The event was put on with the help of the Ala Kahakai Trail Association and other funding sponsors. Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 7 of 10 Locating descendents and long-time users of the ahupua'a of Pao'o and Kaiholena to better understand the history of these areas and to encourage participation in the planning for stewardship of these coastal lands. This involves coordination with the Ala Kahakai Trail Association,the staff of Ala Kahakai National Historic Trail, numerous Native Hawaiian and community groups in North and South Kohala as well as various news media including Kohala Mountain News and West Hawaii Today. The project, started in 2012 is on-going. Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 8 of 10 Map of Maintenance Area COUNTYely Tax I Real Overview Legend ❑ Parcels Pacific Ocean 3,543 ft "Hawaii County makes every effort to produce the most accurate information possible.No warranties,expressed or implied,are provided for the data herein,its use or interpretation.The assessment information is from the last certified taxrol1.All data is subject to change before the next certified taxrol I.The'pa rceIs'laver is intended to be used for visua purposes only and should not be used for boundary interpretations or other spatia I analysis beyond the limitations of the data.The'pa rceIs'data laver does not contain metes and bounds described accuracy therefore,please use caution when viewing this data.Overlaying this layer with other data lavers that may not have used this layer as a base may not produce precise results.G PS a nd imagery data wil l not overlay exactly. Date created:8/28/2020 Last Data Uploaded:8/28/20207:42:43AM Developed bYi�Schneider OEOSPATIAL Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 9 of IO Attachment B Required Documents 1. IRS Determination Letter 2. Bylaws and Mission Statement 3. DCCA Vendor Certificate of Compliance 4. Summary of Recommendations from the Last Maintenance Grant Work Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 10 of 10 VAN 1)OP:1rlment 411,111CT1%.&It ry �lj IRSlutrruul Revenue Service Cincinnati Service Center In reply refer to : 0752235477 CINCINNATI OII 45999-003£3 Mar . 28 , 2013 LTR 4168C 0 45-3104951 000000 00 00014662 BODC: TE KOIIALA 1.111IKA1 MALAMA KOHAI_A NEI % GAIL. BYRNE BARER PO BOX 198900 PMB 223 HAWI 111 9671.9--8900 021106 Employer Identification Number -. 45-3104951 Person to Contact : Customer service Toll Free Telephone Number : 1•-877--829-5500 Dear Taxpayer : This is in response to your Mar . 19 , 2013 , request for information regarding your tax--exempt status . Our records indicate that you were recognized as exempt under section 501 ( c) ( 3) of the Internal Revenue Code in a determination letter issued in September 2012 . Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the Coda because you are described in section(s) 509(x) ( 1 ) and 170 (b) ( 1 ) (A) ( vi ) . Donors may deduct contributions to you as provided in section 170 of the Code . Bequests , legacies , devises , transfers , or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055 , 2106 , and 2522 of the Code . Please refer to our website www . irs . gov/ec for information regarding filing requirements . Specifically, section 6033(j ) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked under section 6033(j ) of the Code on our website beginning in early 2011 . 0752235477 Mar . 28 ► 2013 LT17 41680 0 45-3104951 000000 00 00014663 KOHALA LIHIKAI MALAMA KOHALA NEI % GALL BYRNE BABER 110 BOX 198900 PMB 223 HAWI 111 96719-8900 If you have any questions , please call us at the telephone number shown in the heading of this letter . Sincerely yours , Stephen R . Paxton Operations Manager , AM Operations 3 Bylaws of Kohala Lihikai Article 1 Offices Section L Principal Office The principal office of the corporation is located in Hawaii County, State of Hawaii. The primary mailing address of the organization is the U.S. Postal Service: P.O. Box 76, Hawi, HI 96719. Section 2. Change of Address The designation of the county or state of the corporation's principal office may be changed by amendment of these Bylaws. The Board of Directors may change the principal office from one location to another within the named county by noting the changed address and effective date below, and such changes of address shall not be deemed, nor require, an amendment of these Bylaws. Address. 55-960 Beers Road,Hawi HI 96719. Dated: June 15, 2012 New Address: Dated: 120— New 20—New Address: Dated: , 20 Section 3. Other Offices The corporation may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the Board of Directors may, from time to time, designate. Article 2 Nonprofit Purposes Section 1.IRC Section 501(c)(3) Purposes This corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including,for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. Bylaws of Kohala Lihikai Page 1 of 16 Section 2. Specific Objectives and Purposes The purpose of this corporation shall be: (a) To preserve, promote, acquire, restore, sustainably manage, and steward land and near shore marine environments and their associated natural, historical, archeological, and cultural resources in a manner that is mindful of future generations. To protect public accesses and open spaces utilizing methods appropriate for each parcel of land or easement including cooperative agreements, easements, leases, licenses, and acquisitions. (b) Operate as a land trust in alignment with the best practices of land trusts. (c) To foster community-based stewardship involving descendents, users, youth, cultural practitioners, and kupuna(elders) in cooperation with landowners, government agencies, and local groups. (d) To foster the development of techniques, skills, and systems that will empower communities and local groups to manage open spaces and public access and associated natural and cultural resources in a sustainable and responsive manner. (e) To seek out, solicit, collect and distribute funds,receive donations, and or property to carry out projects consistent with the purposes stated herein and within the meaning of Section (c)(3) of the Internal Revenue Code, and the transaction of any or all lawful activities for which the nonprofit corporations may be incorporated under Chapter 415B,Hawaii Revised Statutes. Article 3 Directors Section 1.Number The corporation shall have six directors and collectively they shall be known as the Board of Directors. The number of directors may be changed by a majority of the Board of Directors. Section 2. Qualifications Directors shall be of the age of majority in this state and have an active interest in preserving and stewarding open spaces. Other qualifications may include a history of community work and skill set appropriate for supporting Kohala Lihikai's mission and purposes. Section 3.Powers Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these Bylaws relating to action required of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. Section 4.Duties It shall be the duty of the directors to: (a) Perform any and all duties imposed on them collectively or individually by law,by the Articles of Incorporation, or by these Bylaws; Bylaws of Kohala Lihikai Page 2 of 16 (b) Appoint and remove,employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; (c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly; (d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the corporation, and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. (f) Review the organization's tax returns (990 form) for correctness and completeness before filing with the IRS. (g) Provide oversight of audits, compilation of financial statements, and selection of independent accountants. Section 5.Terra of Office Each director shall hold office for a period of six years and until his or her successor is elected and qualifies. To ensure smooth organizational transitions the Board may elect to stagger elections. For example, one third of the directors appointed in first term, may hold office for four years and until his or her successor is elected and qualifies, and one third of directors appointed in the first term, will hold office for five years and until his or her successor is elected and qualifies. Section 6. Compensation Directors shall serve without compensation except,they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Section 7.Independence All of Kohala Lihikai's Board Members shall be independent voting Members as defined by the following criteria: (a) Board Member was not compensated as an officer or employee. (b) Board Member did not receive more than $10,000 during the year for any work associated with Kohala Lihikai except for certain reasons as disclosed fully to the Board per Kohala Lihikai's Conflict of Interest Disclosure policy as outlined in Article Nine, Section a. (c) No Board Member's family members were involved in a disclosable transaction (excess benefit, loan, significant business dealings, etc.). Specifically, no officer, director, trustee or key employee has a family relationship or business relationship with any other officer, director, trustee, or key employee. In addition to signing Kohala Lihikai's Conflict of Interest Disclosure form during the first meeting of the calendar year, all officers,directors, and key employee shall disclose on same form whether they have a family or business relationship with any other officer, director, or key employee. If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse himself or herself from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Bylaws of Kohala Lihikai Page 3 a f 16 Section 8.Place of Meetings Meetings shall be held at the principal office of the corporation unless otherwise provided by the Board or at such other place as may be designated from time to time by resolution of the Board of Directors. Section 9. Regular Meetings Regular meetings of Directors shall be held on the first Friday of every month at 9:00 A.M., unless such day falls on a legal holiday, in which event the regular meeting shall be held at the same hour and place on the next business day. If this corporation makes no provision for members, then, at the regular meeting of directors held on the first Friday of April of every year, directors shall be elected by the Board of Directors. Voting for the election of directors shall be by written ballot. Each director shall cast one vote per vacancy. The candidates receiving the highest number of votes up to the number of directors to be elected shall be elected to serve on the Board. Section 10. Special Meetings Special meetings of the Board of Directors may be called by the Chairperson of the Board,the President,the Vice President, the Secretary, by any two directors, or, if different,by the persons specifically authorized under the laws of this state to call special meetings of the Board. Such meetings shall be held at the principal office of the corporation or, if different, at the place designated by the person or persons calling the special meeting. Section 11. Notice of Meetings Unless otherwise provided by the Articles of Incorporation, these Bylaws, or provisions of law, the following provisions shall govern the giving of notice for meetings of the Board of Directors: a.Regular Meetings.No notice need be given of any regular meeting of the Board of Directors. b. Special Meetings. At least one week prior to the meeting,notice shall be given by the Secretary of the corporation to each director of each special meeting of the Board. Such notice may be oral or written, may be given personally,by first class mail, by telephone,by facsimile machine, or via email and shall state the place, date and time of the meeting and the matters proposed to be acted upon at the meeting. In the case of facsimile notification,the director to be contacted shall acknowledge personal receipt of the facsimile notice by a return message, email, or telephone call within twenty-four hours of the first facsimile transmission. e.Waiver of Notice.Whenever any notice of a meeting is required to be given to any director of this corporation under provisions of the Articles of Incorporation, these Bylaws or the law of this state, a waiver of notice in writing signed by the director, whether before or after the time of the meeting, shall be equivalent to the giving of such notice. Section 12. Quorum for Meetings A quorum shall consist of a majority of the active Members of the Board of Directors. Except as otherwise provided under the .Articles of Incorporation, these Bylaws or provisions of law, no business shall be considered by the Board at any meeting at which the required quorum is not Bylaws of Kohala Lthikai Page 4 of 16 present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. Section 13. Majority Action as Board Action Every act or decision done or made by a majority of the directors at a meeting duly held at which a quorum is present is the act of the Board of Directors. Section 14. Conduct of Meetings Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the President of the corporation or, in his or her absence, by the Vice President of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the Board, provided that,in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. Meetings shall be governed by Hawaii Revised Statutes, Section 414D, insofar as such rules are not inconsistent with or in conflict with the Articles of Incorporation, these Bylaws or with provisions of law. Section 15. Vacancies Vacancies on the Board of Directors shall exist (1) on the death,resignation or removal of any director, (2) whenever the number of authorized directors is increased, and (3) whenever any director is absent from three consecutive regularly scheduled Board meetings without prior notice. Any director may resign effective upon giving written notice to the Chairperson of the Board, the President,the Secretary or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. No director may resign if the corporation would then be left without a duly elected director or directors in charge of its affairs, except upon notice to the Office of the Attorney General or other appropriate agency of this state. Directors may be removed from office, with or without cause, as permitted by and in accordance with the laws of this state. Unless otherwise prohibited by the Articles of Incorporation,these Bylaws or provisions of law, vacancies on the Board may be filled by approval of the Board of Directors. If the number of directors then in office is less than a quorum, a vacancy on the Board may be filled by approval of a majority of the directors then in office or by a sole remaining director. A person elected to fill a vacancy on the Board shall hold office until the next election of the Board of Directors or until his or her death, resignation or removal from office. Section 16.Nonliability of Directors The directors shall not be personally liable for the debts, liabilities or other obligations of the corporation. Section 17.Indemnification by Corporation of Directors and Officers The directors and officers of the corporation shall be indemnified by the corporation to the fullest extent permissible under the laws of this state. Section 18. Insurance for Corporate Agents Except as may be otherwise provided under provisions of law,the Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the Bylaws of Koh ala Lihikai Page 5 of 16 corporation (including a director, officer, employee or other agent of the corporation) against liabilities asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the Articles of Incorporation, these Bylaws or provisions of law. Article 4 Officers Section 1. Designation of Officers The officers of the corporation shall be a President, a Vice President, a Secretary and a Treasurer. The corporation may also have a Chairperson of the Board, one or more Vice Presidents,Assistant Secretaries, Assistant Treasurers and other such officers with such titles as may be determined from time to time by the Board of Directors. Section 2. Qualifications Only a director may serve as an officer of this corporation. Section 3.Election and Term of Office Officers shall be elected by the Board of Directors, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve,or until his or her successor shall be elected and qualified,whichever occurs first. Section 4.Removal and Resignation Any officer may be removed, with cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract, which has been approved or ratified by the Board of Directors relating to the employment of any officer of the corporation. Section 5. Vacancies Any vacancy caused by the death., resignation, removal, disqualification or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the Board may or may not be filled as the Board shall determine. Section 6.Duties of President The President shall be the chief executive officer of the corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers. She or he shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation or by these Bylaws or which may be prescribed from time to time by the Board of Directors. Unless another person is specifically appointed as Chairperson of the Board of Directors, the President shall preside at all meetings of the Board of Directors. Except as otherwise expressly provided by law, by the Bylaws of Kohala Lihikai Page 6 of 16 Articles of Incorporation or by these Bylaws,he or she shall, in the name of the corporation, execute such deeds, mortgages,bonds, contracts, checks or other instruments which may from time to time be authorized by the Board of Directors. Section 7.Duties of Vice President In the absence of the President, or in the event of his or her inability or refusal to act,the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on,the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law,by the Articles of Incorporation or by these Bylaws or as may be prescribed by the Board of Directors. Section S.Duties of Secretary The Secretary shall: Certify and keep at the principal office of the corporation the original, or a copy, of these Bylaws as amended or otherwise altered to date. Keep at the principal office of the corporation or at such other place as the Board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors, recording therein the time and place of holding, whether regular or special,how called, how notice thereof was given, the names of those present or represented at the meeting and the proceedings thereof. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. Be custodian of the records and of the seal of the corporation and affix the seal, as authorized by law or the provisions of these Bylaws,to duly executed documents of the corporation. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on request therefore, the Bylaws and the minutes of the proceedings of the directors of the corporation. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation or by these Bylaws or which may be assigned to ham or her from time to time by the Board of Directors. Section 9.Duties of Treasurer The Treasurer shall: Have charge and custody of, and be responsible for, all funds and securities of the corporation, and deposit all such funds in the name of the corporation in such banks, trust companies or other depositories as shall be selected by the Board of Directors. Receive, and give receipt for, monies due and payable to the corporation from any source whatsoever. Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Board Bylaws of Kohala Lihikai Page 7 of 16 of Directors, taking proper vouchers for such disbursements. Keep and maintain adequate and correct accounts of the corporation's properties and business transactions, including accounts of its assets,liabilities,receipts, disbursements, gains and losses. Exhibit at all reasonable times the books of account and financial records to any director of the corporation, or to his or her agent or attorney, on request therefore. Render to the President and directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the corporation. Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. In general,perform all duties incident to the office of Treasurer and such other duties as may be required by law,by the Articles of Incorporation of the corporation or by these Bylaws or which may be assigned to him or her from time to time by the Board of Directors. Section 10. Compensation The officers shall serve without compensation except, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Article 5 Committees Section 1,Executive Committee The Board of Directors may, by a majority vote of its Members, designate an Executive Committee consisting of Board Members and may delegate to such committee the powers and authority of the Board in the management of the business and affairs of the corporation, to the extent permitted, and except as may otherwise be provided, by provisions of law. By a majority vote of its Members, the Board may at any time revoke or modify any or all of the Executive Committee authority so delegated, increase or decrease but not below two (2) the number of the Members of the Executive Committee and fill vacancies on the Executive Committee from the Members of the Board. The Executive Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records and report the same to the Board from time to time as the Board may require. Section 2.Other Committees The corporation shall have such other committees as may from time to time be designated by resolution of the Board of Directors. These committees may consist of persons who are not also Members of the Board and shall act in an advisory capacity to the Board. Section 3. Meetings and Action of Committees Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its Members for the Board of Directors and its Members,except that the time for regular and Bylaws ofKohalaLihikai Page 8 of 16 special meetings of committees may be fixed by resolution of the Board of Directors or by the committee. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are consistent with the provisions of these Bylaws. Article 6 Execution of Instruments,Deposits and Funds Section 1.Execution of Instruments The Board of Directors,except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances.Unless so authorized, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. Section 2. Checks and Notes Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks,drafts, promissory notes, orders for the payment of money and other evidence of indebtedness of the corporation shall be signed by the Treasurer or by the President of the corporation. Any check for more than $500 must have both the Treasurer's and President's signatures. Section 3.Deposits All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks,trust companies or other depositories as the Board of Directors may select. Section 4. Gifts The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the nonprofit purposes of this corporation. Article Nine outlines Kohala Lihikai's gift acceptance policy, which requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 7 Corporate Records, Reports,Inspections, and Seal Section 1. Maintenance of Corporate Records The corporation shall keep at its principal office: (a. ) Minutes of all meetings of directors,committees of the Board indicating the time and place of holding such meetings, whether regular or special, how called, the notice given and the names of those present and the proceedings thereof; (b.)Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses. Revenue shall be recorded and broken out into three categories: related or exempt function revenue (based on non-profit mission), unrelated business revenue (not related to exempt purpose) and revenue excluded from tax (interest, dividends,royalties, gains, etc.) Bylaws of Kohala Lihikai Page 9 of 16 Non-cash contributions shall be recorded and broken down by specific type (time, goods, services, etc.) The value of non-cash contributions is determined using Federal guidance for the same and by the market value of the goods or services. Revenue received by Kohala Lihikai in excess of$5,000 from any one contributor must be itemized and detailed. Revenue derived from"special events"in excess of$15,000 shall be separated from other revenues received. (c.) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date at all reasonable times during office hours. Section 2. Corporate Seal The Board of Directors may adopt, use and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. Section 3.Directors` Inspection Rights Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation and shall have such other rights to inspect the books,records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws and provisions of law. Section 4.Public's Inspection Rights Kohala Lihikai shall make its governing documents, policies and financial statements available to the public upon request and in adherence to time frames outlined by the IRS. Documents will be reviewed at the Kohala Lihikai office. Section 5.Right To Copy And Make Extracts Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection shall include the right to copy and make extracts. Section 6. Periodic Report The Board shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state or to the members, if any, of this corporation,to be so prepared and delivered within the time limits set by law. Article 8 IRC 50I(c)(3) Tax Exemption Provisions Section 1.Limitations on Activities No substantial part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code), and this corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. Notwithstanding any other provisions of these Bylaws, this corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of Bylaws of Kohala Lihikai Page 10 of 16 the Internal Revenue Code. Section 2. Prohibition Against Private Inurement No part of the net earnings of this corporation shall inure to the benefit of, or be distributable to, its directors or trustees, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this corporation. Section 3. Disclosure of Potential and Real Conflicts of Interest Kohala Lihikai shall have a written conflict of interest policy, which all Board Members and key employees sign at the first Board meeting of the year. This policy requires that interests that could potentially give rise to conflicts be disclosed in writing. If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. Section 4. Disclosure of Related Party Transactions In addition to signing Kohala Lihikai's Conflict of Interest Disclosure form during the first meeting of the calendar year, all officers, directors, and key employee shall disclose on same form whether they have any related party transactions with any other officer, director, or key employee. If any real or potential conflict is identified,the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Section 5.Distribution of Assets Upon the dissolution of this corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government,for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state. Section 6.Private Foundation Requirements and Restrictions In any taxable year in which this corporation is a private foundation as described in Section 509(a) of the Internal Revenue Code,the corporation 1) shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Internal Revenue Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code; 4) shall not make any investments in such manner as to subject the corporation to tax under Section 4944 of the Internal Revenue Code; and 5) shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code. Bylaws ofKohala Lihikai Page 11 of 16 Article 9 Organization Policies Kohala Lihikai as a nonprofit, tax-exempt organization, depends on charitable contributions from the public. Maintenance of its tax-exempt status is important both for its continued financial stability and for the receipt of contributions and public support. Therefore, the operations of Kohala Lihikai first must fulfill all legal requirements. Kohala Lihikai also depends on the public trust and thus is subject to scrutiny by and accountability to both governmental authorities and members of the public. Consequently, there exists between Kohala Lihikai and its Board, officers, and management employees a fiduciary duty that carries with it a broad and unbending duty of loyalty and fidelity. The Board, officers, and management employees, if any, have the responsibility of administering the affairs of Kohala Lihikai honestly and prudently, and of exercising their best care, skill, and judgment for the sole benefit of Kohala Lihikai. The interests of the organization must have the first priority in all decisions and actions. Therefore Kohala Lihikai has adopted the policies summarized below. All Board Members will review and sign these policies at the first meeting of the year. (a.) Conflict of Interest—ensures Kohala Lihikai's Board, officers, and management employees, if any, shall exercise the utmost good faith in all transactions, involved in their duties, and they shall not use their positions with Kohala Lihikai or knowledge gained there from for their personal benefit. Persons Concerned: This Conflict of Interest policy is directed not only to Board Members and officers,but to all employees, if any, who can influence the actions of Kohala Lihikai. For example, this includes all who make purchasing decisions, all other persons who might be described as"management personnel," and all who have proprietary information concerning Kohala Lihikai. Key Areas in Which Conflict May Arise: Conflicts of interest may arise in the relations of directors, officers, and management employees, if any, with any of the following parties: • Persons and firms supplying goods and services to Kohala Lihikai • Persons and firms from whom Kohala Lihikai leases property and equipment • Persons and firms with whom Kohala Lihikai is dealing or planning to deal in connection with the gift,purchase or sale of real estate, securities, or other property • Competing or affinity organizations • Donors and others supporting Kohala Lihikai • Recipients of grants from Kohala Lihikai • Agencies, organizations, and associations that affect the operations of Kohala Lihikai • Family members,friends, and other employees • A related party, such as an officer, director, trustee, or key employee Nature of Conflicting Interest: A material conflicting interest may be defined as an interest, direct or indirect, with any persons and firms mentioned in the above paragraphs. Such an interest might arise, for example, through • Owning stock or holding debt or other proprietary interests in any third party dealing with Kohala Lihikai. • Holding office, serving on the Board, participating in management, or being otherwise Bylaws of Kohala Lihikai Page 12 of 16 employed (or formerly employed) by any third party dealing with Kohala Lihikai. • Receiving remuneration for services with respect to individual transactions involving Kohala Lihikai. • Using Kohala Lihikai's time,personnel, equipment, supplies, or good will other than for approved Kohala Lihikai activities,programs, and purposes. • Receiving personal gifts or loans from third parties dealing with Kohala Lihikai.Receipt of any gift is disapproved except gifts of nominal value that could not be refused without discourtesy. No personal gift of money should ever be accepted. Interpretation of This Statement of Policy: The areas of conflicting interest listed above, and the relations in those areas that may give rise to conflict, as listed above, are not exhaustive. Conceivably, conflicts might arise in other areas or through other relations. It is assumed that the trustees, officers, and management employees will recognize such areas and relation by analogy. The fact that one of the interests described in above exists does not mean necessarily that a conflict exists, or that the conflict, if it exists, is material enough to be of practical importance, or if material that upon full disclosure of all relevant facts and circumstances that it is necessarily adverse to the interests of Kohala Lihikai. However, it is the policy of the Board that the existence of any of the interests described previously shall be disclosed on a timely basis and always before any transaction is consummated. It shall be the continuing responsibility of Board, officers, and management employees to scrutinize their transactions and outside business interests and relationships for potential conflicts and to immediately make such disclosures. Disclosure Policy and Procedure. Disclosure should be made according to Kohala Lihikai standards.Transactions with related parties may be undertaken only if all of the following are observed: A material transaction is fully disclosed in the financial statements of the organization; The related party is excluded from the discussion and approval of such transaction; A competitive bid or comparable valuation exists; and The organization's Board has acted upon and demonstrated that the transaction is in the best interest of the organization. Disclosures should be made to the President or Chairperson of the Board, who shall determine whether a conflict exists and is material, and if the matters are material, bring them to the attention of the full Board of Directors. If a potential or material conflict exists, the Board Member with the potential or material shall excuse his or herself from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. The Board shall determine whether a conflict exists and shall determine whether the contemplated transaction may be authorized as just, fair, and reasonable to Kohala Lihikai. The decision of the Board on these matters will rest in their sole discretion, and their concern must be the welfare of Kohala Lihikai and the advancement of its purpose. (b.) Whistleblower - ensures that any person affiliated or not affiliated with the organization may report any wrong-doing including safety violations or inurnment issues and shall not be penalized or intimidated in any way for doing so. All independent contractors shall be made aware of this policy and where they can report any concerns if they are not comfortable reporting them to a Board Member. Bylaws of Kohala Lihikai Page 13 of 16 (c.) Nondiscrimination —ensures Kohala Lihikai recruits, promotes, trains, terminates, and employs qualified persons on the basis of merit without regard to race, color, religion, national origin, sex, age, ancestry, marital status, sexual orientation, transgender status, disability, pregnancy, disability, military or veteran status, or any other protected class as set forth under applicable state and federal civil rights laws. Any employment or contracting decisions will be based on the individual's qualifications to perform the job. This policy of nondiscrimination applies to employment, training, compensation, promotion, transfer, social and recreational programs, and all other conditions of employment. All projects or any kind of financial award shall be implemented on this nondiscriminatory basis. It is the policy of Kohala Lihikai to, Ensure equal opportunity for all people without regard to race, color, religion, national origin, sex, age, ancestry, marital status, sexual orientation, disability,military or veteran status, or any other protected class. Make reasonable accommodations wherever necessary for all employees or applicants with disabilities,provided that the individual is otherwise qualified to perform the major functions of the job. Thoroughly investigate instances of alleged discrimination and take corrective action if warranted. Any persons associated with Kohala Lihikai who has become aware of violations of this provision has the affirmative obligation to report the conduct to the President of the Board of Directors or another Board Member if the President is the offending party. Nondiscrimination Complaint Procedure: If any individual or organizations feels that Kohala Lihikai has violated its Nondiscrimination policy and/or violated Federal or State nondiscrimination laws,they may submit a complaint in writing or in-person to a Board Member or staff, if any, who must then document this complaint in-writing and forward it to all Members of the Board of Directors. A special meeting of the Board will then be called to review the complaint and to determine what action should be taken. Please note that multiple meetings may be necessary to resolve a complaint. Kohala Lihikai will also supply information to the complainant as it is available on what government agency may be contacted to register a complaint if the individual or organization is not satisfied with the Board's findings and actions. If, after submitting a complaint and if after the special meeting(s) of the Board, a complaint has not been addressed to the satisfaction of the complaining party, the following government agencies may be contacted for assistance: For violations of Federal law, contact the U.S. Department of Labor at, 1-866-4-USA-DOL (1-866-457-2365) Or at TTY Number (General DOL Inquiries): 1-877-889-5627 Or at http://www.dol.gov/dol/topic/discrimination/ethnicdisc.htm For violations of State discrimination laws, contact the Hawaii State Department of Labor and Industrial Relations and the Hawaii Civil Rights Commission at: (908) 586-8636 or,to that a local number call 974-4000, Ext. 6-8636. Or atTDD:(808) 586-8692 Bylaws of Kohala Lihikai Page 14 of 16 Or at http://hawaii.gov/labor/here (d.) Document Retention and Destruction—this policy covers tax returns,receipts, invoices, grant contracts and associated reports, documentation for equipment and other assets, budgets, work plans, employee files, and contractor information. All Kohala.Lihikai documents must be retained for five years with the exception of tax returns, organizational books, employee records, bylaws and amendments, and the articles of incorporation, which must be maintained for the life of the organization. (e.) Compensation -Kohala Lihikai's Board of Director's shall determine compensation for any contractor or employee commensurate with the individual's skills and experience and in alignment with the compensation for contractors or employees for organization's with similar budgets, administrative, and project responsibilities. The data from other organizations as well as the reasoning and discussion for the final compensation shall be recorded in the minutes of the organization, including how each member of the Board of Directors voted on any compensation. (f.) Gift Acceptance—Kohala Lihikai requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 10 Amendment of Bylaws Section 1. Amendment Except as may otherwise be specified under provisions of law, these Bylaws, or any of them, may be altered, amended or repealed and new Bylaws adopted by approval of the Board of Directors. Article 11 Construction and Terms If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of this corporation, the provisions of the Articles of Incorporation shall govern. Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason,the remaining provisions and portions of these Bylaws shall be unaffected by such holding. All references in these Bylaws to the Articles of Incorporation shall be to the Articles of Incorporation, Articles of Organization, Certificate of Incorporation, Organizational Charter, Corporate Charter or other founding document of this corporation filed with an office of this state and used to establish the legal existence of this corporation. All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of any future federal tax code. Bylaws of Kohala Lihikal Page 15 of 16 ADOPTION OF BYLAWS We, the undersigned, are all of the initial directors or incorporators of this corporation, and we consent to, and hereby do, adopt the foregoing Bylaws, consisting of 16 pages, as the Bylaws of this corporation. Dated: June 15, 2012. - ae s3c1�' Bylaws ofKohala Lihikai Page 16 of 16 Kohala Lihikai August 2011 Our Vision Kohala Community Based Stewardship In Action Mission Statement: We protect access and open space in its natural state utilizing methods appropriate for each parcel including cooperative agreements, easements, and acquisitions. We foster community-based stewardship involving descendents, coast users, youth, cultural practitioners, and kupuna in cooperation with landowners, government agencies, and local groups. We support the use of traditional Hawaiian natural resource management principles and practices, while incorporating new information, science, technology and community needs on a site-by- site basis. Working Relationships The Kohala-based stewardship organization would have the following working relationships: • The NK Community Access Group and CDP Action Committee to Hawaii County • The Ala Kahakai Historic Trail to the National Park Service • The DOT, DLNR and other State agencies • The Planning Department to County of Hawaii • The Commission on Public Access, Open Space and Natural Resources for the County Open Space Fund • The State Legacy Land Preservation Commission for the Legacy Land Fund • Kamehameha Schools and their subsidiaries • Kohala connections would be initially but not limited to all the schools of North Kohala, Maika'i Kamakani O Kohala, Kamakani O Kohala Ohana—Kako'o, Kohala Historic and Cultural Preservation Group, Malama Kohala Kahakai, Malama Na Wahi Pana O Kohala, National Guard Alumni and Kohala Seniors Athletic Club. Goals The goals of the group are: 1. Perpetuate community stewardship of open space and access on a place by place basis in working partnership with land owners and government agencies. 2. Preserve the natural open space makai of Akoni Pule Highway and other mauka areas with great value to the community in perpetuity. Objectives The following objectives are equally important: • Establish stewardship programs and activities for each parcel or section of the coast to promote the following: 1. Cultural and historic preservation 2. Appropriate level of access 3. Environmental restoration and stabilization • Continue to evaluate the impact of access on natural and cultural resources of all lands with the ability to make changes on the level of access as needed • Involve youth by connecting them to kupuna to promote traditional ahupua'a practices • Educate and involve young people to be stewards of Kohala coastal lands • Do hands on work including ■ Maintain existing roads, trails and parking areas ■ Posting and maintaining signs ■ Planting natives trees and ground cover • Prioritize the purchase and preservation of significant Kohala land for community use from Kawaihae to Pololu. • Use a variety of tools and seek a variety of funding sources to secure open space protection • Work with government and private organizations to secure meaningful liability protection Summary of Recommendations from the Hawaii County Maintenance Grant Kaiholena and Pao'o, North Kohala 2018-2020 Community Archeology Recommendations for Next Steps • Continue to identify and map features not previously accounted for, primarily trails and water and salt collection and features • Install signs to encourage leaving sites intact and encourage leave no trace. Students constructed signs and we will install near the public access turn out once we have permission from the County. See Appendix A. • Remove white posts that identify key sites. These now act as markers for rock pickers to loot sites. They also impact the view planes. This task can be part of the next phase in community archeology, where student interns work with archeologists. • Teach the next cohort of students mapping skills, led by Kohala students trained during this project. • Use students in all arch work on PONC properties. It's an excellent opportunity for students to learn STEM skills while deepening their knowledge and connection to their community lands, which creates very knowledgeable and committed land stewards. The archeologists we worked with are happy to work with students around the island. • Mitigate erosion that can impact arch and cultural sites with biodegradable waddles and vegetation. Pa'uohi'iaka and ilima were found at both Pao'o and Kaiholena and are excellent choices for revegetation for erosion control. • to the area. Dumping is not widespread (below right). Wildfire Mitigation Recommendations and Next Steps • Continue internships for Kohala students to continue mapping resources that are important to understand and/or use in wildfires, creating and refining detailed wildfire resource maps. These maps will be instantly accessed on a phone or tablet by the Hawaii County Fire Department and will identify existing roads and fuel breaks from which fires can be attacked for suppression, as well as key areas to protect in the kiawe if a fire breaks out on the shoreline. The highest concentration of sites is near the water. The maps can be separated into two maps: 1.)The Suppression Access maps identify roads and firebreaks that can be traversed by heavy equipment without impacting cultural sites and, 2.) the Mitigation Maps identify areas that have been treated to minimize wildfire, which can be used for planning to further mitigation efforts and proactively protecting cultural sites or important habitats and species. Key partners include Kohala High School, Hawaii County Fire Department, and the NPS Ala Kahakai National Historic Trail personnel. Summary of Recommendations from COH Maintenance Grant for Kaiholena and Pao'o, North Kohala 2018-2020 Page I of 3 • Consult with descendants of Kauwe ohana regarding extracting kiawe from this key site at Pao'o. • Install a cigarette receptacle for people to deposit used cigarette butts at the turn outs at Kaiholena. • Identify strategies to protect sites that will be more accessible with reduction in kiawe which currently acts as a physical barrier and visual screen. Signage and regular "rangers" or stewards may be potential solutions. • Continue wildfire mitigation until kiawe fuel load is significantly reduced. This may take two years. • Regularly (3 x per year)weed whip a 20 ft buffer at the three pull outs on County land because wildfires often start near roads, especially when people are already using these areas as places to take smoke breaks. User Survey Recommendations and Next Steps • Under the guidance of Kohala community groups and individuals with planning expertise, support students to develop a long-term management plan for Kohala. Small group meetings are often most effective for gathering input and sharing with the community and encourage greater participation than larger community planning meetings. • Petition "Big Island Revealed" to remove Kaiholena from its guidebook given that Kaiholena has the highest number of intact, precontact archeological and cultural sites in the State and the community needs time to determine optimal strategies for outside users who are likely unaware of the values. • Work with nonprofits in other areas of the island to create a public service announcement (PSA)for local radio stations to encourage taking only what folks need when fishing and discourage bleaching. • Develop PSA for local Kohala radio station re the above message. • Identify several key trails and mark them so visitors don't stray off the trails. This limits impact to sites and wildfire risk. • Install additional signage for: o Discouraging rock picking and dumping o Encouraging people to stay on the trails that are designated per above. o Encouraging people to take only what they need when fishing and no bleaching. • Low maintenance composting toilets in five popular camping locations (3 at Kaiholena and 2 at Pao'o) and at the primary highway turnout might be considered as use increases. Similar to what is used in back country wilderness areas. • The design for any future interpretive signs might consider including a color palette that blends into the arid colors that dominate the open view planes of Kaiholena. Summary of Recommendations from COH Maintenance Grant for Kaiholena and Pao'o, North Kohala 2018-2020 Page 2 of 3 • Continue to keep the Kohala community in the loop on coastal stewardship through articles in the local Kohala Mountain News and occasional email blasts and surveys. Summary of Recommendations from COH Maintenance Grant for Kaiholena and Pao'o, North Kohala 2018-2020 Page 3 of 3 Department of Parks & Recreation Aupuni Center 101 Pauahi Street, Suite 6 Hilo, HI 96720 Telephone: (808) 961-8311 PONC STEWARDSHIP GRANT REQUEST A. NAME AND ADDRESS OF ORGANIZATION: Kohala Lihikai, 501(c)(3) nonprofit organization PO Box 76, Hawi, HI 96719 B. REQUIRED DOCUMENTS: x Non-profit (501(c)(3), IRS letter of determination x Copy of organization bylaws and mission statement x DCCA Certificate of Vendor Compliance C. ]BERSON TO CONTACT: Gail Byrne Baber Phone No: Mobile: 808-938-8880 Email Adress: gailbyrnebaber@gmail.com D. PROJECT PERIOD: 12 months from time to of award. E. PROJECT AREA: Pao'o, North Kohala DEPARTMENT OF PARKS &RECREATION Page 1 F. PROJECT COST Applicant share: $ 5,000 Other resources: <$ 5,972 Amount requested: $ '34,898 Total Project Cost: $ qM45,870 G. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of his/her knowledge. NAME OF AUTHORIZED OFFICIAL: Joseph Carvalho TITLE OF AUTHORIZED OFFICIAL: President SIGNED: ') SWL G.ad'7J'ago- DATE: 8/28/20 Who to contact with any questions? Gail Byrne Baber, 808-938-8880, gailbyrnebaber@gmail.com Include Map of Maintenance Area. Please see attachments. DEPARTMENT OF PARKS &RECREATION Page 2 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application): Please see attachments. DEPARTMENT OF PARKS &RECREATION Page 3 H. PROJECT DESCRIPTION Pa o'o A. Location of Project: 4001on`, North Kohala B. Number of Persons Who Will Benefit: 3.000 C. Project Description (Give a brief description of the work that will be done with the funds requested, including a timeframe and activities to accomplish stated purpose. Additional pages may be attached): Please see attachments. DEPARTMENT OF PARKS &RECREATION Page 4 III. PERMITS/APPROVALS REQUIRED A. Environmental Assessments (EXs): n/a B. Special Management Area (SMA) Permit: n/a C. Other: n/a , possibly CDUA DEPARTMENT OF PARKS &RECREATION Page 5 IV. PROJECT BUDGET Please attachments A. Budget Details PROJECT APPLICANT OTHER AMOUNT BUDGET SHARE RESOURCES REQUESTED 'TOTAL $ $ $ $ $ $ $ $ $ $ $ $ $ Total $ $ $ $ DEPARTMENT OF PARKS &RECREATION Page 6 V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization (use attachments where appropriate): Please see attachments. B. Main source(s) of financial support: Please see attachments. C. Please list prior projects successfully completed: 1 Please see attachments. 2. 3. DEPARTMENT OF PARKS &RECREATION Page 7 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: x Certificate of insurance shall be required with County of Hawai'i named as additional insured. X Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS &RECREATION Page 8 Pao'o Business Plan,Project, Budget, and Applicant Information I. Business Plan Kohala's long-term vision to ensure the sustainable stewardship of these lands is to support the development,by local families and community groups, of services and goods related to these land and that a portion of the income derived is returned to stewardship of the land. Avery important component of this vision is to create career pathways for Kohala youth to learn from professionals in the fields of natural and cultural resource management and conservation and provide hands-on internship and mentoring opportunities for them. We employ the principals of social commerce - community networks (community groups, families, locally based businesses) -to inform and drive economic activities creating jobs that protect 77 777777 Lands support interge ne rational collaboranon I'Or localized, sustainable economy Emphasis oncommunity self-reliance and resiliency Stewardship and restoration activities generate income to support management by local rn'ltl'gafion. etc. Stewardship & restoration LWOL leitmask Community ! w ! !d and employment Pao'o-Kohala Lihikai Application for Maintenance Funds Page I of 10 II. Project Description A. Location of Project Pao'o, North Kohala B. Number of Persons Who Will Benefit 3,000, including, • 7 - 10 Kohala High School students,with more on campus (-20 to 30) through classroom presentations and work, • 5 residents employed for wildfire mitigation, • all community members who frequent the coast, and, • government agencies tasked with fire suppression - mitigation can decrease cost to these agencies. C. Project Description The primary project activities implement the recommendations from the final report for the last stewardship grant for Pao'o, including immediate outreach and signage about leaving no trace and not picking rocks from archeological sites for rock walls, etc. Also,work will continue on community-based archeology, involving Kohala students, as well as wildfire mitigation. Please see the attachments for a summary of recommendations from the last maintenance grant work. Community-based Supplemental Archeological Survey This project builds on community archeology work completed in 2020 and is designed to augment existing and newly completed archeological surveys at Pao'o through employing students to verify and identify features possibly not identified. Pao'o has the highest concentration of intact, pre-contact archeological sites in the State and additional field work will help further define features and/or identify features not yet identified. Working with National Park Service and other island professional archeologists,the existing Pao'o archeological information will continue to be expanded through community-based archeology. First, consultations with descendents will be contacted to ask for their permission and input on how to proceed with this project, including, if they wish to do so, contributing their knowledge regarding sites or determining which knowledge should not be shared publicly. Depending on their input this project maybe adjusted. Next, professional archeologists and Kohala students who participated in the last round of community archeology will provide an overview to a new cohort of local students on archeological work in Kohala and the tools and techniques typically used in survey work through three classroom visits. This same information will be provided at a community workshop,which was a sound success under the last stewardship grant. The workshop helped to generate a feeling of stronger protection and stewardship for the area. Archeological data will be gathered during field trips with students and community members. Paid internships will be offered to Kohala students to spearhead working in-the field and assisting with updating and expanding the archeological assessment from the field data. The assessment will be reviewed by Pao'o-Kohala Lihikai Application for Maintenance Funds Page 2 of 10 NPS archeologist and the other on-island archeologists participating in this project. The assessment will contribute to a preservation plan for this area that is driven by the community. It became clear under the last project that a final preservation and stewardship plan will take several years of community outreach and input. Outreach to Increase Community Stewardship Actions The user survey analysis from the last stewardship project at Pao'o identified the following needs: 1. Install one interpretive signs at the primary entrances to Pao'o to encourage leaving archeological sites intact, leaving no trace, and information about how to protect the fisheries. The signs will not be visible from the highway (to discourage motorists from stopping). 2. Install one interpretive sign at the most heavily used camping area encouraging care for the cultural sites with recommendations on how to leave no trace. 3. Design a public service announcement for Kohala radio and island-wide radio stations and the local Kohala paper, encouraging people to leave no trace when visiting the coast,with specific guidance and actions people can take. Ensure the PSA is aired. This project activity is conducted with volunteer time and no funds are requested. 4. Begin community conversations, led by students, about how to implement long-term stewardship objectives, e.g. user surveys showed a need for bathrooms and designating certain trails while asking public to not venture into archeological sites, etc. Outline priority of actions and key stakeholders to involve in implementation. Through classroom visits, individuals with professional experience designing and implementing conservation and preservation projects will provide an overview to local students of and the tools and techniques typically used in this type of work. Paid internships will be offered to students to implement these projects. Wildfire Mitigation This area is in the heart of an area at high risk for devastating wildfires as the dominant vegetation, kiawe and grasses, easily carry fire. Fires in the area have devastated native vegetation, created erosion, and destroyed cultural sites - kiawe burns so hotly that pohaku explode. This project will mitigate wildfire to prevent erosion impacts to water and air quality and endangered species habitat by 1.) trimming kiawe to minimize the possibility of ground fires moving up into trees (which creates hotter, more destructive fires) and 2.) weedwhacking to decrease ground fuels. This fuels reduction work will be completed by on-island crews trained in working in culturally and archeologically sensitive areas, following protocols to ensure natural resources are protected as well as localized micro- environments (balance of shade and moisture retention with reduction of hazardous fuels). Forty-hours of mitigation work will be accomplished by a six- member crew with training in working in culturally sensitive areas. Before and after photos and estimates of reduced fuel load will be done. Terrain varies so it is Pao'o-Kohala Lihikai Application for Maintenance Funds Page 3 of 10 difficult to estimate before-hand the exact acreage to be treated. Mitigation needs vary by year and season, however,the reduction of ladder fuels (tree limbs that can spread a grass fire up into trees) and piles of kiawe left from archeology work done by the previous landowner is a priority. Please see the project Implementation Schedule on page 5. Pao'o-Kohala Lihikai Application for Maintenance Funds Page 4 of 10 Implementation Schedule Action # Actions 1 2 3 4 5 6 7 8 9 10 12 For all activities,secure all required approvals and permits. EA not required. Secure exemption for 1 CDUA. x x x For all tasks, progress reports and final report to summarize work accomplished to County w/lessons 2 learned Community-based Supplement Archeology Asssessment Host planning meeting with volunteer archeologists and Kohala High School teachers-adapt project as 3 needed. X 4 Vist class rooms with archeologists x x x Recruit students and select paid internships for high 6 school students x x x 7 Conduct site visits with archeologists and students x Students draft assessment under guidance from 8 larcheologists and mentor coordinator I x x x Create wildfire resource and suppression access maps for firefighters to use to access lands without 9 impacting sites for fire suppression. x x x 10 Host community workshop x 11 Wildfire Mitigation Conduct planning meetingto refine scope of work if 12 needed x Conduct site-visit to refine scope of work-exact areas of fuels reduction for optimal protection of 13 resources x Take pre-mitigation photos and measurements of areas to be treated and estimates of fuels to be 14 reduced x Hire crew trained in mitigation in resource senstive areas and rent needed equipment(safety, 15 weedwhippers,chainsaws,chains,chipper) x 16 Review work to be done with crews,on-site x Conduct mitigation under the supervision of an arechologist and experienced individival in wildfire 17 mitigatin x x Take post-mitigation photos and measurements of 18 area treated and estimates of fuel reduced x x 19 Outreach to Increase Community Stewardship Actions Host planning meeting with Kohala High School teachers-likely combined with Community Based 20 Archeology planning meeting x Visit classrooms with resource management 21 professionals x x 22 Offer and select paid high school interns x Interns visit site,design,and install interpretive signs and begin conversations in the community 23 through small group meetings. I I I x IX IX x IX IX Interns visit site,design,and install interpretive signs under mentor coordinator guidance. Summarize outline of community supported 24 stewardship actions for next steps. x x x x x Pao'o-Kohala Lihikai Application for Maintenance Funds Page 5 of I O IV. Project Budget A. Budget Details Applicant Other Amount Project Budget Share Resources Requested Total Community-based archeology 2 student intenrshi s and mentor coordinator $1,000 $5,000 $6,000 Printining for wildfire cultural resources and suppression maps informed by archeology work. $200 $200 Donated archeologists time-40 hrs x$124/hr $3,472 $3,472 Subtotal $1,000 $3,472 $5,200 $9,672 Wildfire Mititation Trail crew time for weedwhacking and kiawe fuels reduction. Includes chipper rental and management time. 1 $500 $10,000 $10,500 Subtotal 1 $0 $500 $10,000 $10,500 Outreach to Increase Community Stewardship Actions Two interpretive signs installed. Cantileaver style similar to what is at the old parking lot at Kaiholena. $10,000 $10,000 High school internships and mentor coordinator to conduct site visits,design signs and begin conversations with community about implementing user survey actions including bathrooms,designated trail usage,etc. $1,000 $5,000 $6,000 Public Service Announcements for island radio stations. $1,000 $1,000 Subtotal $2,000 $0 $15,000 $17,000 Subtotal of 3 Activities $3,000 $3,972 $30,200 $37,172 Other $2,0001 $2,000 Project Coordination and Compliance- Kohala Lihikai, Kohala High School, Malama Kohala Kahakai,community rou s,vendors,etc. $2,000 $4,500 $6,500 Transportation for interns for arch and stewardship outreach-approx 15 site visits x$0.55/mi x 30 mi/rt; Kaiholena and Pao'o assesments with interns will be on different days. $198 $198 $2,000 $2,000 $4,698 $8,698 am 411111111111111111111 $48,870 TOTAL $5,000 $5,972 01MM A A V. Applicant Information A. History Kohala Lihikai was formed through the cooperation of the many community groups in North Kohala that have for years focused on cultural, access and environmental preservation of the district's coast. The recognition that the community needed one non-profit group to undertake responsibility for stewardship of public and private lands brought together leaders of these groups to form the core of Kohala Lihikai, which was incorporated in August 2011. It was through the efforts of five of these Pao'o-Kohala Lihikai Application for Maintenance Funds Page 6 of 10 groups that the lands at Pao'o and Pao'o were nominated and purchased. The current board of directors consists of the following: Joe Carvalho of the North Kohala Community Access Group; Fred Cachola of Malama Wahi Pana 0 Kohala; Gail Byrne Baber of Malama Kohala Kahakai; Dennis Matsuda, retired Kohala resident; Sarah Pule Fujii of Friends of Keokea Park and Ralph Galan of Galan Ohana and Toni Withington of Kamakani 0 Kohala Ohana. B. Sources of Financial Support Most of Kohala Lihikai's work has been accomplished through volunteer time and donated resources. We are fortunate to be able to partner with a number of other community groups to leverage our work and we also work with the National Parks Service Ala Kahaka National Historic Trail,which has significant capacity to support community based work, e.g. NPS is allowing us to work under the MOU with the County so that Kohala Lihikai is covered by liability insurance. We have received a few small donations and partnered with Malama Kohala Kahakai on a project funded by the Hawaii Tourism Authority. We are continuing to build our capacity to fund our work. C. Projects Successfully Completed Participating and volunteering in the last stewardship funded by the County at Pao'o, 2017 to 2020. Continuing restoration using native plants of the mile-long shoreline makai of Upolu Airport. This involves coordination with Department of Transportation,Airports Division; National Park Service,Ala Kahakai National Historic Trail; Department of Education, Kohala High School, Kohala Middle School; Hawaii County Department of Planning and nine community organizations. The project includes soil erosion control, archaeological review,trail location, potting and transplanting naupaka and other native plants, a watering system. Of particular note is a sign painting project with Kohala Middle School art classes that involved education on the ethnobiology of native plants and the designing and painting of three large project signs and 12 interpretive signs over two years. Coordinating community work on a rails-to-trails project for the old Mahukona railroad. Establishing a mentoring project with Kohala High School students for the repairing and stabilizing of stone walls at Lapakahi State Historic Park that were damaged by the 2006 earthquake. The best native stone builders in the state were brought in to supervise the project. This involved coordination with the high school, State Parks Department, HSPD and Ala Kahakai National Historic Trail. Co-sponsoring Kanikapila a me Mo'olelo o Kohala, and afternoon and evening of music,talk story and dinner open to all in Kohala, in October 2012. The community dialog opened Kohala Lihikai's on-going program of open community participation Pao'o-Kohala Lihikai Application for Maintenance Funds Page 7 of 10 in coastal, cultural and access issues. The event was put on with the help of the Ala Kahakai Trail Association and other funding sponsors. Locating descendents and long-time users of the ahupua'a of Pao'o and Pao'o to better understand the history of these areas and to encourage participation in the planning for stewardship of these coastal lands. This involves coordination with the Ala Kahakai Trail Association,the staff of Ala Kahakai National Historic Trail, numerous Native Hawaiian and community groups in North and South Kohala as well as various news media including Kohala Mountain News and West Hawaii Today. The project, started in 2012 is on-going. Pao'o-Kohala Lihikai Application for Maintenance Funds Page 8 of 10 Map of Maintenance Area (TMK outlined in yellow ) COUNTY OF HAWAII Real Property Tax Office Overview i Legend ❑ Parcels Pacific Ocean 7 3,544 ft __J......J 'Hawaii County makes every effort to produce the most accurate information possible.No warranties,expressed or implied,are provided for the data herein,its use or interpretation.The assessment information is from the last certified taxroll.All data is subject to change before the next certified taxrol I.The'paroe Is'layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data.The'parcels'data layer does not contain metes and bounds described accuracy therefore,plea se use caution when viewing this data.Overlaying this layer with other data layers that may not have used this layer as a base may not produce precise results.G PS and imagery data will not overlay exactly. Date created:8/30/2020 Last Data Uploaded:8/29/20208:23:33 PM Developed byC"$Schneider OEOSPATIAL Attachment B Required Documents Pao'o-Kohala Lihikai Application for Maintenance Funds Page 9 of 10 1. IRS Determination Letter 2. Bylaws and Mission Statement 3. DCCA Vendor Certificate of Compliance 4. Summary of Recommendations from the Last Maintenance Grant Work Pao'o-Kohala Lihikai Application for Maintenance Funds Page 10 of 10 IRS, Intcrh'I i zltcti,ci nnlu,er Tre.t,ur} Sen-�cr Cincinnati. Service Center In reply refer to : 0752235477 CINCINNAtiTT OH 45949-0038 Mar . 28, 2013 LTR 41680 0 45-3104951 D000aa 00 00014662 BODC : TP KOHALA LIHIKAI MALAMA KOHALA HFI GAIL BYRNE BASER # PO 8❑7C 198900 PMB 223 HAWI HI 96719-8900 @21106 Employer Identification Number : 45- 3104951 Person to Contact : Customer service Toll Free Telephone NtJmhpr : 1-877-829-5500 Dear Taxpayer : This is in response to your Mar . 19 , 2013 , request for information regarding your tax--exempt status .. Dur records indicate that you were recognized as exempt under section 501 ( x) (3) of the Internal Revenue Carte in a determination letter issued in September 2012 . Our records also indicate that you are not a private foundation within the meaning of section 509 [0 of the Code because you are described in section(s) 509 (a) ( 1 ) and 170 (b) ( 1 ) ( A) Cvi ) . Donors may deduct contributions to ypu as pruvided in section 170 of the Code . Bequests , legacies , devises , transfers , or gifts to ycu or for your use are deductible for Federal estate and gift tax purposes if they 9neet the applicable provisions of sections 2055 , 2106 , and 2522 of the Cade . Please refer to our website www. irs .gcv/eo for information regarding filing requirements . Specifically , section 6033(j ) of the Code provides that failure to file an annual informatioh return for three consecutive years results in revocation of tax-exempt status as of the filing cfue date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked under section 6033 ( 0 of the Code on cur website beginning in early 2011 . 0752235477 Mor . 28 , 2013 UP 41680 0 45-3104951 000000 00 00014663 KUHALA LIHIKAI MALAMA KOHALA NEI % GAIL SYRNE SAM PQ BOX 198900 PMB 223 FIAWI HI 96719-8900 If you have any questions , please call us at the telephone number shown in the heading of this Letter . Sincerely yours , Stephen E . Paxton ❑peratians Manager , AM Operations 3 Bylaws of Kohala Lihikai Article 1 Offices Section 1. Principal Office The principal office of the corporation is located in Hawaii County, State of Hawaii. The primary mailing address of the organization is the U.S. Postal Service: P.O. Box 76, Hawi, HI 96719. Section 2. Change of Address The designation of the county or state of the corporation's principal office may be changed by amendment of these Bylaws. The Board of Directors may change the principal office from one location to another within the named county by noting the changed address and effective date below, and such changes of address shall not be deemed, nor require, an amendment of these Bylaws. Address: 55-960 Beers Road, Hawi HI 96719. Dated: June 15, 2012 New Address: Dated: , 20_ New Address: Dated: 920— Section 20Section 3. Other Offices The corporation may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the Board of Directors may, from time to time, designate. Article 2 Nonprofit Purposes Section 1.IRC Section 501(c)(3) Purposes This corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. Bylaws of Kohala Lihikai Page I of 16 Section 2. Specific Objectives and Purposes The purpose of this corporation shall be: (a) To preserve, promote, acquire, restore, sustainably manage, and steward land and near shore marine environments and their associated natural, historical, archeological, and cultural resources in a manner that is mindful of future generations. To protect public accesses and open spaces utilizing methods appropriate for each parcel of land or easement including cooperative agreements, easements, leases, licenses, and acquisitions. (b) Operate as a land trust in alignment with the best practices of land trusts. (c) To foster community-based stewardship involving descendents, users, youth, cultural practitioners, and kupuna (elders) in cooperation with landowners, government agencies, and local groups. (d) To foster the development of techniques, skills, and systems that will empower communities and local groups to manage open spaces and public access and associated natural and cultural resources in a sustainable and responsive manner. (e) To seek out, solicit, collect and distribute funds, receive donations, and or property to carry out projects consistent with the purposes stated herein and within the meaning of Section (c)(3) of the Internal Revenue Code, and the transaction of any or all lawful activities for which the nonprofit corporations may be incorporated under Chapter 415B, Hawaii Revised Statutes. Article 3 Directors Section 1.Number The corporation shall have six directors and collectively they shall be known as the Board of Directors. The number of directors maybe changed by a majority of the Board of Directors. Section 2. Qualifications Directors shall be of the age of majority in this state and have an active interest in preserving and stewarding open spaces. Other qualifications may include a history of community work and skill set appropriate for supporting Kohala Libikai's mission and purposes. Section 3. Powers Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these Bylaws relating to action required of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. Section 4.Duties It shall be the duty of the directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation, or by these Bylaws; Bylaws of Kohala Lihikai Page 2 of 16 (b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; (c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly; (d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the corporation, and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. (f) Review the organization's tax returns (990 form) for correctness and completeness before filing with the IRS. (g) Provide oversight of audits, compilation of financial statements, and selection of independent accountants. Section 5. Term of Office Each director shall hold office for a period of six years and until his or her successor is elected and qualifies. To ensure smooth organizational transitions the Board may elect to stagger elections. For example, one third of the directors appointed in first term, may hold office for four years and until his or her successor is elected and qualifies, and one third of directors appointed in the first term, will hold office for five years and until his or her successor is elected and qualifies. Section 6. Compensation Directors shall serve without compensation except, they shall be,allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Section 7.Independence All of Kohala Lihikai's Board Members shall be independent voting Members as defined by the following criteria: (a) Board Member was not compensated as an officer or employee. (b) Board Member did not receive more than $10,000 during the year for any work associated with Kohala Lihikai except for certain reasons as disclosed fully to the Board per Kohala Lihikai's Conflict of Interest Disclosure policy as outlined in Article Nine, Section a. (c) No Board Member's family members were involved in a disclosable transaction (excess benefit, loan, significant business dealings, etc.). Specifically, no officer, director, trustee or key employee has a family relationship or business relationship with any other officer, director, trustee, or key employee. In addition to signing Kohala Lihikai's Conflict of Interest Disclosure form during the first meeting of the calendar year, all officers, directors, and key employee shall disclose on same form whether they have a family or business relationship with any other officer, director, or key employee. If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse himself or herself from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Bylaws of Kohala Lihikai Page 3of16 Section S.Place of Meetings Meetings shall be held at the principal office of the corporation unless otherwise provided by the Board or at such other place as may be designated from time to time by resolution of the Board of Directors. Section 9. Regular Meetings Regular meetings of Directors shall be held on the first Friday of every month at 9:00 A.M., unless such day falls on a legal holiday, in which event the regular meeting shall be held at the same hour and place on the next business day. If this corporation makes no provision for members, then, at the regular meeting of directors held on the first Friday of April of every year, directors shall be elected by the Board of Directors. Voting for the election of directors shall be by written ballot. Hach director shall cast one vote per vacancy. The candidates receiving the highest number of votes up to the number of directors to be elected shall be elected to serve on the Board. Section 14. Special Meetings Special meetings of the Board of Directors may be called by the Chairperson of the Board, the President, the Vice President, the Secretary, by any two directors, or, if different,by the persons specifically authorized under the laws of this state to call special meetings of the Board. Such meetings shall be held at the principal office of the corporation or, if different, at the place designated by the person or persons calling the special meeting. Section 11. Notice of Meetings Unless otherwise provided by the Articles of Incorporation, these Bylaws, or provisions of law, the following provisions shall govern the giving of notice for meetings of the Board of Directors: a. Regular Meetings. No notice need be given of any regular meeting of the Board of Directors. b. Special Meetings. At least one week prior to the meeting, notice shall be given by the Secretary of the corporation to each director of each special meeting of the Board. Such notice may be oral or written, may be given personally,by first class mail, by telephone, by facsimile machine, or via email and shall state the place, date and time of the meeting and the matters proposed to be acted upon at the meeting. In the case of facsimile notification, the director to be contacted shall acknowledge personal receipt of the facsimile notice by a return message, email, or telephone call within twenty-four hours of the first facsimile transmission. e.Waiver of Notice.Whenever any notice of a meeting is required to be given to any director of this corporation under provisions of the Articles of Incorporation, these Bylaws or the law of this state, a waiver of notice in writing signed by the director, whether before or after the time of the meeting, shall be equivalent to the giving of such notice. Section 12. Quorum for Meetings A quorum shall consist of a majority of the active Members of the Board of Directors. Except as otherwise provided under the Articles of Incorporation, these Bylaws or provisions of law, no business shall be considered by the Board at any meeting at which the required quorum is not Bylaws of Kohala Lihikai Page 4 of 16 present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. Section 13. Majority Action as Board Action Every act or decision done or made by a majority of the directors at a meeting duly held at which a quorum is present is the act of the Board of Directors. Section 14. Conduct of Meetings Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the President of the corporation or, in his or her absence, by the Vice President of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the Board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. Meetings shall be governed by Hawaii Revised.Statutes, Section 414D, insofar as such rules are not inconsistent with or in conflict with the Articles of Incorporation, these Bylaws or with provisions of law. Section 15. Vacancies Vacancies on the Board of Directors shall exist (1) on the death,resignation or removal of any director, (2) whenever the number of authorized directors is increased, and (3) whenever any director is absent from three consecutive regularly scheduled Board meetings without prior notice. Any director may resign effective upon giving written notice to the Chairperson of the Board, the President, the Secretary or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. No director may resign if the corporation would then be left without a duly elected director or directors in charge of its affairs, except upon notice to the Office of the Attorney General or other appropriate agency of this state. Directors may be removed from office, with or without cause, as permitted by and in accordance with the laws of this state. Unless otherwise prohibited by the Articles of Incorporation, these Bylaws or provisions of law, vacancies on the Board may be filled by approval of the Board of Directors. If the number of directors then in office is less than a quorum, a vacancy on the Board may be filled by approval of a majority of the directors then in office or by a sole remaining director. A person elected to fill a vacancy on the Board shall hold office until the next election of the Board of Directors or until his or her death, resignation or removal from office. Section 16.Nonliability of Directors The directors shall not be personally liable for the debts, liabilities or other obligations of the corporation. Section 17. Indemnification by Corporation of Directors and Officers The directors and officers of the corporation shall be indemnified by the corporation to the fullest extent permissible under the laws of this state. Section 18. Insurance for Corporate Agents Except as may be otherwise provided under provisions of law, the Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the Bylaws of Kohala Lihikai Page 5 of 16 corporation (including a director, officer, employee or other agent of the corporation) against liabilities asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the Articles of Incorporation, these Bylaws or provisions of law. Article 4 Officers Section 1. Designation of Officers The officers of the corporation shall be a President, a Vice President, a Secretary and a Treasurer. The corporation may also have a Chairperson of the Board, one or more Vice Presidents, Assistant Secretaries, Assistant Treasurers and other such officers with such titles as may be determined from time to time by the Board of Directors. Section 2. Qualifications Only a director may serve as an officer of this corporation. Section 3. Election and Term of Office Officers shall be elected by the Board of Directors, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. Section 4.Removal and Resignation Any officer may be removed, with cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the corporation_ Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract, which has been approved or ratified by the Board of Directors relating to the employment of any officer of the corporation. Section 5. Vacancies Any vacancy caused by the death, resignation, removal, disqualification or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the Board may or may not be filled as the Board shall determine. Section 6.Duties of President The President shall be the chief executive officer of the corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers. She or he shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation or by these Bylaws or which may be prescribed from time to timeby the Board of Directors. Unless another person is specifically appointed as Chairperson of the Board of Directors, the President shall preside at all meetings of the Board of Directors. Except as otherwise expressly provided by law, by the Bylaws of Kohala Lihikai Page 6 of 16 Articles of Incorporation or by these Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks or other instruments which may from time to time be authorized by the Board of Directors. Section 7.Duties of Vice President In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation or by these Bylaws or as may be prescribed by the Board of Directors. Section 8.Duties of Secretary The Secretary shall: Certify and keep at the principal office of the corporation the original, or a copy, of these Bylaws as amended or otherwise altered to date. Keep at the principal office of the corporation or at such other place as the Board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors, recording therein the time and place of holding, whether regular or special,how called, how notice thereof was given, the names of those present or represented at the meeting and the proceedings thereof. See that all notices are duty given in accordance with the provisions of these Bylaws or as required by law. Be custodian of the records and of the seal of the corporation and affix the seal, as authorized by law or the provisions of these Bylaws, to duly executed documents of the corporation. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on request therefore, the Bylaws and the minutes of the proceedings of the directors of the corporation. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation or by these Bylaws or which may be assigned to him or her from time to time by the Board of Directors. Section 9.Duties of Treasurer The Treasurer shall: Have charge and custody of, and be responsible for, all funds and securities of the corporation, and deposit all such funds in the name of the corporation in such banks, trust companies or other depositories as shall be selected by the Board of Directors. Receive, and give receipt for, monies due and payable to the corporation from any source whatsoever. Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Board Bylaws of Kohala Lihikai Pab e 7 of 16 of Directors, taking proper vouchers for such disbursements. Keep and maintain adequate and correct accounts of the corporation's properties and business transactions, including accounts of its assets,liabilities, receipts, disbursements, gains and losses. Exhibit at all reasonable times the books of account and financial records to any director of the corporation, or to his or her agent or attorney, on request therefore. Render to the President and directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the corporation. Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. In general,perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation of the corporation or by these Bylaws or which may be assigned to him or her from time to time by the Board of Directors. Section 10. Compensation The officers shall serve without compensation except, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Article 5 Committees Section 1.Executive Committee The Board of Directors may, by a majority vote of its Members, designate an Executive Committee consisting of Board Members and may delegate to such committee the powers and authority of the Board in the management of the business and affairs of the corporation, to the extent permitted, and except as may otherwise be provided, by provisions of law. By a majority vote of its Members, the Board may at any time revoke or modify any or all of the Executive Committee authority so delegated, increase or decrease but not below two (2) the number of the Members of the Executive Committee and fill vacancies on the Executive Committee from the Members of the Board. The Executive Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records and report the same to the Board from time to time as the Board may require. Section 2. Other Committees The corporation shall have such other committees as may from time to time be designated by resolution of the Board of Directors. These committees may consist of persons who are not also Members of the Board and shall act in an advisory capacity to the Board. Section 3. Meetings and Action of Committees Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its Members for the Board of Directors and its Members, except that the time for regular and Bylaws of Kohala Lihikai Page 8 of 16 special meetings of committees may be fixed by resolution of the Board of Directors or by the committee. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are consistent with the provisions of these Bylaws. Article 6 Execution of Instruments,Deposits and Funds Section 1. Execution of Instruments The Board of Directors,except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances.Unless so authorized, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. Section 2. Checks and Notes Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money and other evidence of indebtedness of the corporation shall be signed by the Treasurer or by the President of the corporation. Any check for more than $500 must have both the Treasurer's and President's signatures. Section 3.Deposits All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks,trust companies or other depositories as the Board of Directors may select. Section 4. Gifts The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the nonprofit purposes of this corporation. Article Nine outlines Kohaia Lihikai's gift acceptance policy, which requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 7 Corporate Records, Reports,Inspections, and Seal Section 1. Maintenance of Corporate Records The corporation shall keep at its principal office: (a. )Minutes of all meetings of directors, committees of the Board indicating the time and place of holding such meetings, whether regular or special, how called, the notice given and the names of those present and the proceedings thereof; (b.) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses. Revenue shall be recorded and broken out into three categories: related or exempt function revenue (based on non-profit mission), unrelated business revenue (not related to exempt purpose) and revenue excluded from tax (interest, dividends, royalties, gains, etc.) Bylaws of Kohala Lihikai Page 9 of 16 Non-cash contributions shall be recorded and broken down by specific type (time. goods, services, etc.) The value of non-cash contributions is determined using Federal guidance for the same and by the market value of the goods or services. Revenue received by Kohala Lihikai in excess of$5,000 from anyone contributor must be itemized and detailed. Revenue derived from"special events" in excess of$15,000 shall be separated from other revenues received. (c.) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date at all reasonable times during office hours. Section 2. Corporate Seal The Board of Directors may adopt, use and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. Section 3.Directors` Inspection Rights Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation and shall have such other rights to inspect the books, records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws and provisions of law. Section 4.Public's Inspection Rights Kohala Lihikai shall make its governing documents, policies and financial statements available to the public upon request and in adherence to time frames outlined by the IRS. Documents will be reviewed at the Kohala Lihikai office. Section 5. Right To Copy And Make Extracts Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection shall include the right to copy and make extracts. Section 6. Periodic Report The Board shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state or to the members, if any, of this corporation, to be so prepared and delivered within the time limits set by law. Article 8 IRC 501(c)(3) Tax Exemption Provisions Section 1.Limitations on Activities No substantial part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code), and this corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. Notwithstanding any other provisions of these Bylaws, this corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of Bylaws of Kohala Lihikai Page 10 of 16 the Internal Revenue Code. Section 2.Prohibition Against Private Inurement No part of the net earnings of this corporation shall inure to the benefit of, or be distributable to, its directors or trustees, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this corporation. Section 3. Disclosure of Potential and Real Conflicts of Interest Kohala Lihikai shall have a written conflict of interest policy, which all Board Members and key employees sign at the first Board meeting of the year. This policy requires that interests that could potentially give rise to conflicts be disclosed in writing. If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. Section 4. Disclosure of Related Party Transactions In addition to signing Kohala Lihikai's Conflict of Interest Disclosure form during the first meeting of the calendar year, all officers, directors, and key employee shall disclose on same form whether they have any related party transactions with any other officer, director, or key employee, If any real or potential conflict is identified, the individual(s) with the potential or -~ actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Section 5.Distribution of Assets Upon the dissolution of this corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state. Section 6. Private Foundation Requirements and Restrictions In any taxable year in which this corporation is a private foundation as described in Section 509(a) of the Internal Revenue Code, the corporation 1) shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Internal Revenue Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code; 4) shall not make any investments in such manner as to subject the corporation to tax under Section 4944 of the Internal Revenue Code; and 5) shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code. Bylaws of Kohala Lihikai Page I I of 16 Article 9 Organization Policies Kohala Lihikai as a nonprofit, tax-exempt organization, depends on charitable contributions from the public. Maintenance of its tax-exempt status is important both for its continued financial stability and for the receipt of contributions and public support. Therefore, the operations of Kohala Lihikai first must fulfill all legal requirements. Kohala Lihikai also depends on the public trust and thus is subject to scrutiny by and accountability to both governmental authorities and members of the public. Consequently, there exists between Kohala Lihikai and its Board, officers, and management employees a fiduciary duty that carries with it a broad and unbending duty of loyalty and fidelity. The Board, officers, and management employees, if any, have the responsibility of administering the affairs of Kohala Lihikai honestly and prudently, and of exercising their best care, skill, and judgment for the sole benefit of Kohala Lihikai. The interests of the organization must have the first priority in all decisions and actions. Therefore Kohala Lihikai has adopted the policies summarized below. All Board Members will review and sign these policies at the first meeting of the year. (a.) Conflict of Interest ensures Kohala Lihikai's Board, officers, and management employees, if any, shall exercise the utmost good faith in all transactions involved in their duties, and they shall not use their positions with Kohala Lihikai or knowledge gained there from for their personal benefit. Persons Concerned: This Conflict of Interest policy is directed not only to Board Members and officers,but to all employees, if any, who can influence the actions of Kohala Lihikai. For example, this includes all who make purchasing decisions, all other persons who might be described as "management personnel," and all who have proprietary information concerning Kohala Lihikai. Key Areas in Which Conflict May Arise: Conflicts of interest may arise in the relations of directors, officers, and management employees, if any, with any of the following parties: • Persons and firms supplying goods and services to Kohala Lihikai • Persons and firms from whom Kohala Lihikai leases property and equipment • Persons and firms with whom Kohala Lihikai is dealing or planning to deal in connection with the gift, purchase or sale of real estate, securities, or other property • Competing or affinity organizations • Donors and others supporting Kohala Lihikai • Recipients of grants from Kohala Lihikai • Agencies, organizations, and associations that affect the operations of Kohala Lihikai • Family members, friends, and other employees • A related party, such as an officer, director, trustee, or key employee Nature of Conflicting Interest: A material conflicting interest may be defined as an interest, direct or indirect, with any persons and firms mentioned in the above paragraphs. Such an interest might arise, for example, through ■ Owning stock or holding debt or other proprietary interests in any third party dealing with Kohala Lihikai. • Holding office, serving on the Board, participating in management, or being otherwise Bylaws of Kohala Lihiltai Page 12 of 16 employed (or formerly employed) by any third party dealing with Kohala Lihikai. • Receiving remuneration for services with respect to individual transactions involving Kohala Lihikai. • Using Kohala Lihikai's time,personnel, equipment, supplies, or good will other than for approved Kohala Lihikai activities, programs, and purposes. • Receiving personal gifts or loans from third parties dealing with Kohala Lihikai. Receipt of any gift is disapproved except gifts of nominal value that could not be refused without discourtesy. No personal gift of money should ever be accepted. Interpretation of This Statement of Policy: The areas of conflicting interest listed above, and the relations in those areas that may give rise to conflict, as listed above, are not exhaustive. Conceivably, conflicts might arise in other areas or through other relations. It is assumed that the trustees, officers, and management employees will recognize such areas and relation by analogy. The fact that one of the interests described in above exists does not mean necessarily that a conflict exists, or that the conflict, if it exists, is material enough to be of practical importance, or if material that upon full disclosure of all relevant facts and circumstances that it is necessarily adverse to the interests of Kohala Lihikai. However, it is the policy of the Board that the existence of any of the interests described previously shall be disclosed on a timely basis and always before any transaction is consummated. It shall be the continuing responsibility of Board, officers, and management employees to scrutinize their transactions and outside business interests and relationships for potential conflicts and to immediately make such disclosures. Disclosure Policy and Procedure: Disclosure should be made according to Kohala Lihikai standards. Transactions with related parties may be undertaken only if all of the following are observed: A material transaction is fully disclosed in the financial statements of the organization; The related party is excluded from the discussion and approval of such transaction; A competitive bid or comparable valuation exists; and The organization's Board has acted upon and demonstrated that the transaction is in the best interest of the organization. Disclosures should be made to the President or Chairperson of the Board, who shall determine whether a conflict exists and is material, and if the matters are material, bring them to the attention of the full Board of Directors. If a potential or material conflict exists, the Board Member with the potential or material shall excuse his or herself from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. The Board shall determine whether a conflict exists and shall determine whether the contemplated transaction may be authorized as just, fair, and reasonable to Kohala Lihikai. The decision of the Board on these matters will rest in their sole discretion, and their concern must be the welfare of Kohala Lihikai and the advancement of its purpose. (b.) Whistleblower - ensures that any person affiliated or not affiliated with the organization may report any wrong-doing including safety violations or inurnment issues and shall not be penalized or intimidated in any way for doing so. All independent contractors shall be made aware of this policy and where they can report any concerns if they are not comfortable reporting -- them to a Board Member. Bylaws of Kohala Lihikai Page 13 of 16 (c.) Nondiscrimination —ensures Kohala Lihikai recruits, promotes, trains, terminates, and employs qualified persons on the basis of merit without regard to race, color, religion, national origin, sex, age, ancestry, marital status, sexual orientation, transgender status, disability, pregnancy, disability, military or veteran status, or any other protected class as set forth under applicable state and federal civil rights laws. Any employment or contracting decisions will be based on the individual's qualifications to perform the job. This policy of nondiscrimination applies to employment, training, compensation, promotion, transfer, social and recreational programs, and all other conditions of employment. All projects or any kind of financial award shall be implemented on this nondiscriminatory basis. It is the policy of Kohala Lihikai to, Ensure equal opportunity for all people without regard to race, color, religion, national origin, sex, age, ancestry, marital status, sexual orientation, disability, military or veteran status, or any other protected class. Make reasonable accommodations wherever necessary for all employees or applicants with disabilities,provided that the individual is otherwise qualified to perform the major functions of the job. Thoroughly investigate instances of alleged discrimination and take corrective action if warranted. Any persons associated with Kohala Lihikai who has become aware of violations of this provision has the affirmative obligation to report the conduct to the President of the Board of Directors or another Board Member if the President is the offending party. -- Nondiscrimination Complaint Procedure: If any individual or organizations feels that Kohala Lihikai has violated its Nondiscrimination policy and/or violated Federal or State nondiscrimination laws, they may submit a complaint in writing or in-person to a Board Member or staff, if any, who must then document this complaint in-writing and forward it to all Members of the Board of Directors. A special meeting of the Board will then be called to review the complaint and to determine what action should be taken. Please note that multiple meetings may be necessary to resolve a complaint. Kohala Lihikai will also supply information to the complainant as it is available on what government agency may be contacted to register a complaint if the individual or organization is not satisfied with the Board's findings and actions. If, after submitting a complaint and if after the special meeting(s) of the Board, a complaint has not been addressed to the satisfaction of the complaining party, the following government agencies may be contacted for assistance: For violations of Federal law, contact the U.S. Department of Labor at, 1-866-4-USA-DOL (1-866-487-2365) Or at TTY Number (General DOL Inquiries): 1-877-889-5627 Or at http:llwww.dol.gov/dolltopic/discrimination/ethniedisc.htm For violations of State discrimination laws, contact the Hawaii State Department of Labor and Industrial Relations and the Hawaii Civil Rights Commission at: (808) 586-8636 or, to dial a local number call 974-4000, Ext. 6-8636. Or atTDD:(808) 586-8692 Bylaws of Kohala Lihikai Page 14 of 16 Or at http://hawaii.gov/labor/herc (d.) Document Retention and Destruction—this policy covers tax returns,receipts, invoices, grant contracts and associated reports, documentation for equipment and other assets, budgets, work plans, employee files, and contractor information. All Kohala Lihikai documents must be retained for five years with the exception of tax returns, organizational books, employee records, bylaws and amendments, and the articles of incorporation, which must be maintained for the life of the organization. (e.) Compensation - Kohala Lihikai's Board of Director's shall determine compensation for any contractor or employee commensurate with the individual's skills and experience and in alignment with the compensation for contractors or employees for organization's with similar budgets, administrative, and project responsibilities. The data from other organizations as well as the reasoning and discussion for the final compensation shall be recorded in the minutes of the organization, including how each member of the Board of Directors voted on any compensation. (f.) Gift Acceptance—Kohala Lihikai requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 10 Amendment of Bylaws -� Section 1. Amendment Except as may otherwise be specified under provisions of law, these Bylaws, or any of them, may be altered, amended or repealed and new Bylaws adopted by approval of the Board of Directors. Article 11 Construction and Terms If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of this corporation, the provisions of the Articles of Incorporation shall govern. Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding. All references in these Bylaws to the Articles of Incorporation shall be to the Articles of Incorporation, Articles of Organization, Certificate of Incorporation, Organizational Charter, Corporate Charter or other founding document of this corporation filed with an office of this state and used to establish the legal existence of this corporation. All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of any future federal tax code. Bylaws of Kohala Lihikai Page 15 of 16 ADOPTION OF BYLAWS We, the undersigned, are all of the initial directors or incorporators of this corporation, and we consent to, and hereby do, adopt the foregoing Bylaws, consisting of 16 pages, as the Bylaws of this corporation. Dated: June 15, 2012. Bylaws of Kohala Lihikai Page 16 of 16 Kohala Lihikai August 2011 Our Vision Kohala Community Based Stewardship In Action Mission Statement: We protect access and open space in its natural state utilizing methods appropriate for each parcel including cooperative agreements, easements, and acquisitions. We foster community-based stewardship involving descendents, coast users, youth, cultural practitioners, and kupuna in cooperation with landowners, government agencies, and local groups. We support the use of traditional Hawaiian natural resource management principles and practices, while incorporating new information, science, technology and community needs on a site-by- site basis. Working Relationships The Kohala-based stewardship organization would have the following working relationships: • The NK Community Access Group and CDP Action Committee to Hawaii County • The Ala Kahakai Historic Trail to the National Park Service • The DOT, DLNR and other State agencies • The Planning Department to County of Hawaii • The Commission on Public Access, Open Space and Natural Resources for the County Open Space Fund • The State Legacy Land Preservation Commission for the Legacy Land Fund • Kamehameha Schools and their subsidiaries • Kohala connections would be initially but not limited to all the schools of North Kohala, Maika'i Kamakani O Kohala, Kamakani O Kohala Ohana— Kako'o, Kohala Historic and Cultural Preservation Group, Malama Kohala Kahakai, Malama Na Wahi Pana O Kohala, National Guard Alumni and Kohala Seniors Athletic Club. Goals The goals of the group are: 1. Perpetuate community stewardship of open space and access on a place by place basis in working partnership with land owners and government agencies. 2. Preserve the natural open space makai of Akoni Pule Highway and other mauka areas with great value to the community in perpetuity. Objectives The following objectives are equally important: • Establish stewardship programs and activities for each parcel or section of the coast to promote the following: 1. Cultural and historic preservation 2. Appropriate level of access 3. Environmental restoration and stabilization • Continue to evaluate the impact of access on natural and cultural resources of all lands with the ability to make changes on the level of access as needed • Involve youth by connecting them to kupuna to promote traditional ahupua'a practices • Educate and involve young people to be stewards of Kohala coastal lands • Do hands on work including ■ Maintain existing roads, trails and parking areas ■ Posting and maintaining signs ■ Planting natives trees and ground cover • Prioritize the purchase and preservation of significant Kohala land for community use from Kawaihae to Pololu. • Use a variety of tools and seek a variety of funding sources to secure open space protection • Work with government and private organizations to secure meaningful liability protection Summary of Recommendations from the Hawaii County Maintenance Grant Kaiholena and Pao'o, North Kohala 2018-2020 Community Archeology Recommendations for Next Steps • Continue to identify and map features not previously accounted for, primarily trails and water and salt collection and features • Install signs to encourage leaving sites intact and encourage leave no trace. Students constructed signs and we will install near the public access turn out once we have permission from the County. See Appendix A. • Remove white posts that identify key sites. These now act as markers for rock pickers to loot sites. They also impact the view planes. This task can be part of the next phase in community archeology, where student interns work with archeologists. • Teach the next cohort of students mapping skills, led by Kohala students trained during this project. • Use students in all arch work on PONC properties. It's an excellent opportunity for students to learn STEM skills while deepening their knowledge and connection to their community lands, which creates very knowledgeable and committed land stewards. The archeologists we worked with are happy to work with students around the island. • Mitigate erosion that can impact arch and cultural sites with biodegradable waddles and vegetation. Pa'uohi'iaka and ilima were found at both Pao'o and Kaiholena and are excellent choices for revegetation for erosion control. • to the area. Dumping is not widespread (below right). Wildfire Mitigation Recommendations and Next Steps • Continue internships for Kohala students to continue mapping resources that are important to understand and/or use in wildfires, creating and refining detailed wildfire resource maps. These maps will be instantly accessed on a phone or tablet by the Hawaii County Fire Department and will identify existing roads and fuel breaks from which fires can be attacked for suppression, as well as key areas to protect in the kiawe if a fire breaks out on the shoreline. The highest concentration of sites is near the water. The maps can be separated into two maps: 1.) The Suppression Access maps identify roads and firebreaks that can be traversed by heavy equipment without impacting cultural sites and, 2.) the Mitigation Maps identify areas that have been treated to minimize wildfire, which can be used for planning to further mitigation efforts and proactively protecting cultural sites or important habitats and species. Key partners include Kohala High School, Hawaii County Fire Department, and the NPS Ala Kahakai National Historic Trail personnel. Summary of Recommendations from COH Maintenance Grant for Kaiholena and Pao'o, North Kohala 2018-2020 Page I of 3 • Consult with descendants of Kauwe ohana regarding extracting kiawe from this key site at Pao'o. • Install a cigarette receptacle for people to deposit used cigarette butts at the turn outs at Kaiholena. • Identify strategies to protect sites that will be more accessible with reduction in kiawe which currently acts as a physical barrier and visual screen. Signage and regular "rangers" or stewards may be potential solutions. • Continue wildfire mitigation until kiawe fuel load is significantly reduced. This may take two years. • Regularly (3 x per year) weed whip a 20 ft buffer at the three pull outs on County land because wildfires often start near roads, especially when people are already using these areas as places to take smoke breaks. User Survey Recommendations and Next Steps • Under the guidance of Kohala community groups and individuals with planning expertise, support students to develop a long-term management plan for Kohala. Small group meetings are often most effective for gathering input and sharing with the community and encourage greater participation than larger community planning meetings. • Petition "Big Island Revealed" to remove Kaiholena from its guidebook given that Kaiholena has the highest number of intact, precontact archeological and cultural sites in the State and the community needs time to determine optimal strategies for outside users who are likely unaware of the values. • Work with nonprofits in other areas of the island to create a public service announcement (PSA) for local radio stations to encourage taking only what folks need when fishing and discourage bleaching. • Develop PSA for local Kohala radio station re the above message. • Identify several key trails and mark them so visitors don't stray off the trails. This limits impact to sites and wildfire risk. • Install additional signage for: o Discouraging rock picking and dumping o Encouraging people to stay on the trails that are designated per above. o Encouraging people to take only what they need when fishing and no bleaching. • Low maintenance composting toilets in five popular camping locations (3 at Kaiholena and 2 at Pao'o) and at the primary highway turnout might be considered as use increases. Similar to what is used in back country wilderness areas. • The design for any future interpretive signs might consider including a color palette that blends into the arid colors that dominate the open view planes of Kaiholena. Summary of Recommendations from COH Maintenance Grant for Kaiholena and Pao'o, North Kohala 2018-2020 Page 2 of 3 • Continue to keep the Kohala community in the loop on coastal stewardship through articles in the local Kohala Mountain News and occasional email blasts and surveys. Summary of Recommendations from COH Maintenance Grant for Kaiholena and Pao'o, North Kohala 2018-2020 Page 3 of 3 DEPARTMENT OF PARKS&RECREATION AUPUNI CENTER 101 PAUAHI STREET, SUITE 6 HILO, HI 96720 TELEPHONE: (808)961-8311 I. NAME AND ADDRESS OF ORGANIZATION: Pohaha I Ka Lani P.O. Box 412 Kurtistown, HI 96760 pohahaikalani(u)gmai I,com II. REQUIRED DOCUMENTS: X Non-profit(501(c)(3), IRS letter of determination X Copy of organization bylaws and mission statement X RCCA Certificate of Vendor Compliance III. PERSON TO CONTACT: Jesse K. Potter, Executive Director PHONE-- Work/Mobile: (808)936-9610 IV. PROJECT PERIOD: January 1, 2021 to December 31, 2021 (POMC program aimed for stark date) or TBD based on award date. I V. PROJECT AREA: Hamakua District, Waipi o Valley Lookout TMK: 4-8-04:06 1.804 acres 'i DEPARTMENT OF PARKS& RECREATION Page 1 k VI. PROJECT COST Applicant share: $ 22,600(In-Kind Services) Amount requested: $ 92.300 Total Project Cost: $ 114,900_ I. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of his/her knowledge. NAME OF AUTHORIZED OFFICIAL.: Jesse K. Potter TITLE OF AUTHORIZED OFFICIAL: Executive Director, Pahaha I Ka Lani SIGNED: DATE: 8/28/2020 For Office of Management Use Only DATE RECEIVED: APPROVED Amount: S Comment: DENIED Reason(s) DEFERRED Reason (s) Ij SIGNED: DATE: Managing Director DEPARTMENT OF PARKS& RECREATION Page 2 TABLE OF CONTENTS IRS Determination.Letter ■ ByLaws& Mission Statement ■ Certificate of Vendor Compliance I. PROPOSAL A. Project Summary II. PROJECT DESCRIPTION A. Location of Project B. Number of persons who will benefit C. Project Description i. Goal ii. Objectives iii. Outcomes iv. Objective Workplan III. PERMITS/APPROVAL REQUIRED A. Environmental Assessment B. Special Management Area Permit C. Other IV. PROJECT BUDGET A. Budget Summary B. Budget Narrative i. Revenue ii. Expenses V. APPLICANT INFORMATION A. Brief History B. Main Sources of Support C. Prior Projects Completed D. Required Documents if Awarded VI. APPENDIX#1—PROPERTY& PROJECT BACKGROUND A. Property Background B. Stewardship Background of PobAhd I Ka Lani i. Overview ii. Long-Range Vision iii. Stewardship Alignment iv. Challenges v. Application &Award Timelines • Pbhfihil I Ka Lani PONC Application History Table VTI. APPENDIX#2—VISUAL HISTORY OF POHAHA I KA LANI STEWARDSHIP A. 2016 B. 2017 C. 2018 VIII. APPENDIX#3--LETTERS OF SUPPORT DEPARTMENT OF PARKS&. RECREATION Page 3 BUSINESS PLAN I. PROPOSAL A. PROJECT SUMMARY The goal for Pohaha I Ka Lani's sixth year of stewardship of the Waipi`o Valley Lookout POMC parcel is to ensure the area will be a safe environment where cultural and educational programs can be offered to the public. We plan to continue to have the area serve as part of the Hawaiian Preservation Buffer & Learning Zone protecting the cultural & rural of Waipi`o Valley and the surrounding area. With the uncertainty due to Covid-19, we have implemented a wide range of safety protocols to ensure everyone is safe. We plan to continue updating our safety protocols as needed to ensure all will be safe. As this will be our sixth year of stewarding Koa'ekea, we have most of primary safety issues resolved, including the steep drop offs, dangerous trees removed or pruned, and rubbish that had been dumped at the site is now removed. Pohaha I Ka Lani will continue to involve interested participants from the community and beyond in cultural stewardship and educational programs. We plan to continue hosting smaller groups with all safety protocols in place which will allow a unique natural space, many educational, community, and cultural groups are able to participate in. DEPARTMENT OF PARKS & RECREATION Page 4 Visitor traffic has decreased due to Covid-19 and it is uncertain how things will be in 2021. We have and plan to continue to offer educational classes at Koa'ekea and continue to have malama`aina days to help tend to the many established gardens on the site. To continue stewardship of the sites various native gardens and to facilitate culturally conscious stewardship of the PONC site& adjacent Waipi`o Valley, Pohaha I Ka Lani will work to accomplish the following objectives.- 1) bjectives:1)Update and maintain proper safety protocols to ensure safety for all; 2)Hold regular public malama`aina days, will adjust size of group if needed to ensure safety for all; 3}Host cultural, educaion, & community groups for place-based service learning; 4)Host cultural education workshops; 6)Maintain the property and upkeep with keeping the area safe. �., a 4 ,o ,, N" ti i Site ammenities planned to be installed include(approved in previous PONC applications): • Portable water tank wl electric pump: o We currently have no running water on-site. We have requested this in our previous application but the cycle of 2020`s grant is a little late and we still are without water. With Covid-19 now in the islands and tourists still flying in on a daily basis,we are in great need to have access to water for health & safety of program participants and stewardship needs. Washing of hands for DEPARTMENT OF PARKS&RECREATION Page 5 participants in stewardship and cultural learning activities is important for health and safety. If we are allowed to purchase a portable water tank with the 2020 grant, we plan to keep one water tank for health safety to allow people to wash up and the other water tank for propagation of plants and rinsing of plant material is also needed for stewardship activities. • 20ft shipping container with roof covering o A 20ft shipping container with roof covering added adjancent to shipping continer purchased via 2020 PONC applicaiton, with a 20ft gable roof to be installed covering between the containers. Additional container will hold other site tools and supplies, and house an additional solar electricity system for water pumping to be utilized for hand sanitization due to CQVID- 19. Roof will connect both containers, allowing covered area to be provided for volunteers, where previously pop-tents and pole tents were needed to be setup for shelter. Malama `aina days will be open to the public and will follow Covid-19 guidelines to ensure safety for all. Malama `aina days are provided to open the space for the public and community to participate in the stewardship of the site. If smaller groups are required to ensure safety, we plan to offer additional opportunities if large amounts of request come in for participation. Hosting of cultural,community,and educational groups at the site is and has been regular since the inception of P©haha I Ka Lani's stewardship. These groups came to learn of the cultural history of Waipi`o Valley and the surrounding areas, while providing maiama `aina for experiential learning and give-back. Pahaha I Ka Lani receives regular unsolicited requests for hosting at the PONC site. As stewards of the property and working with the County of Hawaii, it is the aim to facilitate a way for the community to safely and reasonably access& utilize the parcel, as envisioned in it's request for purchasing as a PONC parcel and by the definition of the POMC program. Rules &Guidelines from the County of Hawaii would help make clear how and when the public access the parcel as well as the community to utilize the parcel. Maintenance of the property will include grass maintenance, native garden maintenance, and repairs of any fence or gate issues needed. Contracted services is planned to help with grass maintenance and native garden maintenance. Miffid I Ka Lani board members needed to spend countless hours volunteering their time to maintain Koa`ekea as many DEPARTMENT OF PARKS & RECREATION Page 6 schools needed to cancel their scheduled excursions due to Covid-19. We hope to get more help next year. We have numerous gardens with various indigenous and canoe plants cultivated, native garden maintenance is needed to help with upkeep of the property inbetween malama `aina days and group hostings. DEPARTMENT OF PARKS&RECREATION Page 7 The following outcomes are expected to be delivered by the end of the grant period through work on the objectives and activiteis outlined for this project year: 1. Installation of site stewardship ammenities, i.e.additional water tank system for sanitation and shipping container storage with covered area. 2. Quarterly malama`Mina days hosted 3. C educational, cultural,and community groups hosted. 4. 2 cultural education workshops. S. Property well maintained for the 12-month period. . ,: f" r DEPARTMENT OF PARKS& RECREATION Page 8 ti gyp, Ji c M A ICI. PROJECT DESCRIPTION A. Location of Project: Hamdkua District, Waipi'o Valley C-ookout TMK:_4-8-04:06 B. Number of Persons Who Will Benefit: 300 participants estimated(depending on Covid-19 guidelines) C. Project Description: GOAL: The goal for Pahaha l Ka Lani's sixth year of stewardship of the Waipi`o Valley Lookout PONC parcel is to ensure the area will be a safe environment where cultural and educational programs can be offered to the public. We plan to continue to have the area serve as part of the Hawaiian Preservation Buffer& Learning Zone protecting the cultural & rural of Waipi`o Valley and the surrounding area. DEPARTMENT OF PARKS& RECREATION Page 9 i. OBJECTIVES: To continue stewardship of the sites various native gardens and to facilitate culturally conscious stewardship of the PONC site & adjacent Waipi`o Valley, Pohaha I Ka Lani will work to accomplish the following objectives: 1. Install site ammenities for improved stewardship(approved in previous PONC applications); 2. hold regular public malama `aina days; 3. host cultural, educaion,&community groups for place-based service learning; 4. host cultural education workshops; 5. abiding by Covid-14 guidelines and safety protocols in place; 6. maintain the property. ii. OUTCOMES: The following outcomes are expected to be delivered by the end of the grant period (December 2021). 1. Installation of site stewardship ammenities, i.e. water tank system and shipping container storage. 2. Quarterly rr►alama `aina days hosted 3. 6 educational,cultural, and community groups hosted. 4. 2 cultural education workshops 5. Property well maintained for the 12-month period. iii. PROJECT OBJECTIVE WORKPLAN The table below identifies our objectives, timelines, activities, person/entities responsible. Objective Timeline&Activities Person/Entities Responsible 1)Install site January 2021: Oversight: Program Manager ammenities for • Purchase site ammenities equipment& [Volunteer], Jesse K. Potter(BS improved supplies Tropical Horticulture/BA stewardship; February-June 2021 Communications, secondary science • Coordinate with contractors for delivery& educator) installation Implementation: Contracted Services 2)Hold quarterly January 2021 —December 2021 Oversight: Program Manager public malama`aina • Plan, advertise, and implement quarterly [Volunteer], Jesse K. Potter(BS days; malama `aina days. Tropical Horticulture/BA DEPARTMENT OF PARKS&RECREATION Page 10 it Communications, secondary science educator) Implementation: P6haha I Ka Lani volunteers, community members, and cultural practitioners. 3)Host cultural, January 2021 —December 2021 Oversight: Program Manager educaion, & • Pian and coordinate educational group hostings [Volunteer], Jesse K. Potter(BS community groups and workshops. Tropical Horticulture/BA for place-based • Contact community schools and organizations Communications,secondary science service learning; for participation. educator) • Facilitate cultural protocol activities at the area fronting Waipi`o Valley hay. Implementation: Pdhaha I Ka Lani volunteers, community members, and cultural practitioners. 4)Host cultural January 2021 Oversight: Program Manager education • Plan and coordinate a minimum of one cultural [Volunteer], Jesse K. Potter(BS workshops; educational workshops. Tropical.Horticulture/BA Communications,secondary science educator) Implementation: Pdhaha I Ka Lani volunteers, community members, and cultural practitioners. 5)Ensure proper January 2021 Oversight: Program Manager safety protocols are [Volunteer], Jesse K. Potter(BS in place • We are uncertain if Covid-19 will still be in the Tropical Horticulture/BA islands when this grant cycle will begin but we Communications,secondary science will do our best to keep updating safety educator) protocols to ensure safety for all. Implementation: Parks&Recreation Department, community members and general public. b)Maintain the January 2021 —December 2021 Oversight: Program Manager property. • Plan,coordinate, and supervise selected [Volunteer], Jesse K. Potter(BS vendor/contractor for site maintenance work Tropical Horticulture/BA including maintenance of grass,fence line, and Communications, secondary science native gardens. educator) • Regularly assess fence and gates for needed repairs, and coordinate contractor to complete work if needed. Implementation: PONC Site • Coordinate workdays and volunteers' Coordinator,contracted services, activities, including: volunteers/participants, community o Inventory and assess current native members and general public. plants. o Propagate native plants already growing on property. o Propagate plants suggested by the Revegetation Plan o Plant propagated plants based on Reve etation Plan DEPARTMENTOF PARKS& RECREATION Page 11 f; o Assess and inventory invasive species remaining on property. • Maintain educational signage III. PERM ITS/APPROVALS REQUIRED A. Environmental Assessments(EA's) : NIA B. Special Management Area(SMA)Permit : NIA C. Other: No permits required for proposed activities. DEPARTMENT OF PARKS& RECREATION Page 12 IV. PROJECT BUDGET A. BUDGET SUMMARV PROTECT APPLICANT AMOUNT BUDGET SHARE REQUESTED TOTAL (In-Kind (POMC) Services Personnel i $21,600 $0 $21,600.00 Equipment $o $27,500 $27,500.00 Small Tools $0 $1,000 $1,000.00 Independent Contractor Services $0 $45,600 $45,600.00 Food $1,000 $4,000 $5,000.00 Supplies $0 $5,000 $5,000.00 Indirect Costs(10%) $0 $9,200 $9,200.00 r Total 522,600.04 $92,300.00 $114,900.00 B. BUDGET NARRATIVE L REVENUE a. APPLICANT SHARE(In-Kind Services): P6hah5I Ka Lani Program Manager will volunteer time for the PONC site coordination b. OTHER RESOURCES: Pohaha I Ka Lani plans on continuing to apply for additional grants to help cover additional costs to upkeep the site. c. PONC FUNDS REQUESTED: PONC funds will be utilized to primarily conduct physical site maintenance and improvements, and also to facilitate the educational land stewardship activities on the site. DEPARTMENT OF PARIS& RECREATION Page 13 ii. EXPENSES Personnel Position Description Program Manager- PONC Site Coordinator [VOLUNTEER] $21,600((In-Kind Services) • The Program Manager will be responsible for: a Coordination of contractors and activities for public 40hr/mo. for 12 mo. rx;$45/hr. Total $21,600 access, safety, maintenance, and educational activities in alignment with physical site stewardship PONC funds: No funds requested/allowed goals and County of Hawaii policies&protocols. a Overall guidance and oversight of program, ensuring NOTE: Pahaha I Ka.Lani board members has fulfillment of grant specifications,partnership been volunteering to weed eat and mow the requirements and successful implementation of grass, In additon to countless hours of weeding educational programs across three program sites of gardens,especially in 2020 when most of the restoration. school groups canceled due to Covid-19. o Implementation and evaluation of all program goals, Throughout the five years, Pohaha I Ka Lani objectives, and activities related to the Educational board memebrs has spent countless hours Plan activities and Native Revegetation Plan. volunteering to cut trees on site to allow a safer o Assist in site stewardship and maintenance, area. P6haha I Ka Lani board members has including grass&native garden maintenance and spent countless hours volunteering to host many educational activities. school groups during the five years that they were stewards of Koa`ekea. Total In-Kind Services $21,600 Total Cash $0 TOTAL PERSONNEL $21,600 _ Equipment Item Applicant POMC Description/Purpose _ Share Funds Water Tank(1000 gal)w/ $0 $37000 Poly water tank for on-site water to be used for irrigation of electric water pump kit plants. Systems are safe for potable water. To be installed with electric water pump and hose or sinks stem. 20ft storage shipping $0 $7,500 To be used for protective storage for on-site storage of tools container and supplies. Includes cost of container, delivery to site, additional lock& other security, and any site prep needs blocks, etc. Container Roof Covering $0 $10,000 20ft gable roof covering to span between both 20ft containers. Gable 20 (Part Number CN-GB2036)from Western Shelter currently priced at $4,$15 (August 2020). Requested amount factos in freight costs and possible price increases when r anticipated award, possibly in 2022. i Solar Kit w/battery for $0 $6,000 Solar panel,battery, and lights for electric water pump, lights storage container and power ports in and around shipping container. 4 panel off- rid system with bagery pack. Small Tools $0 $1,000 Misc. new&replacement small tools for volunteers and participants. Sub-Total $0 $27,500.00 TOTAL $0 $27P500 DEPARTMENT OF PARKS& RECREATION. Page 14 Independent Contractor Services Item Applicant PONC Description/Purpose Share Funds Yard& Fence Line $0 $3,600 Yard & Fence Line maintenance services for the grass areas Maintenance to be mowed and string trimmed. Estimated cost: $300/month _ x 12 months=$3,600._ Native Garden Maintenance $0 $24,000 Native garden maintenance services to ensure aesthetic &On-site Education maintenance of site in various areas that have been planted. Presence Work to include weeding, 12 days per month x 8 hours/day x$20/hr. = $1,920/month x 12 =$2_3,040. Rounded to$24,000 Site Work for container, $0 $10,000 Site work for ground preparation & instal iation/placement of roof, and water tank storage shipping container, container roof and water tank. To installation include gravel. Plumbing services $0 $1,000 Plumbing services for installation of water tank and pump system. _ Electrical services $0 $1,000 Electrial services for installation of water tank and pump system. Repair contract services $0 $1,000 Misc. Repair contracted services for repair of fence or gate as needed. Sub-Total $0 $45,600 TOTAL $0 $45,600 Food Item Applicant PONC Description/Purpose Share Funds Food $1,000 $4,000 Food for volunteer workers, workdays, cultural & land stewardship workshops, gatherings, & events. Funding is utilized to purchase prepared foods for participants or ingredients for dish preparation. Donation of food valued at$1,0~00. Sub-Total $1,000 54,000 TOTAL $1,000 54,000 DEPARTMENT OF PARKS & RECREATION Page 15 Supplies Item Applicant PONC Description/Purpose Share Funds Personal Protection $0 $1,500 Personal protective equipment will be provided for staff, Equipment volunteers, and participants, including:gloves, eye protection, hearing protection,trimming chaps, chainsaw chaps, etc. Each participant/volunteer will be provided a new set of gloves,which they can keep as Pohaha I Ka Dani will no longer be retaining the gloves for washing and reuse as in ears prior. Fuel $0 $2,000 Fuel will be used for vehicle and equipment. Vehicle fuel is for a 4x4 crew cab truck for travel to site, hauling of equipment, supplies,and materials. Equipment fuel is for: a) land stewardship equipment as needed for volunteer work; and c)generators for events and hostings of educational groups. Miscellaneous Supplies $0 $1.500 Miscellaneous supplies include items that will be utilized for program implementation and activities with beneficiaries, such as trash bags, paper goods for food served, cultural workshop Supplies, educational supplies,etc. Sub-Total $0 1 $5,000 TOTAL $o $5,000 Indirect Costs Item Applicant POMC Description/Purpose Share Funds Indirect Costs(10%) $--- $9,200 Administrative and organizational expenses such as applicable to project such as office expenses, insurance, accounting, website, vehicle costs,repair&maintenance, - etc. Sub-Total $--- S9,200 TOTAL _. S--- S9,200 DEPARTMENT OF PARKS& RECREATION Page 16 i V. APPLICANT INFORMATION A. Brief history of the applicant organization.Include the date of incorporation as a non-profit organization (use attachments where appropriate); As a grassroot, culturally-based Hawaiian organization,Pohaha I Ka Lani has demonstrated its knowledge and ability to conduct projects with a high degree of community support and involvement since 2001. We are responsible for significant land stewardship efforts in Waipio Valley as a leaseholder of over 2,000 acres below and above Hiilawe Waterfall in Waipi`o Valley. Key activities have included cultural educaiton through traditional land stewardship& food cultivation. Over the last decade,the organization has engaged nearly 10,000 individuals in education and stewardship activities serving participants from around Hawaii Island, neighboring islands,and around the world. Cultural advisors include the organization's founder Kulia Kauhi Tolentino-Potter and board members Ku Kahakalau, Ed.D., Hans Keoni Wilhelm,J.D., Ed.D.,and Kau`i Trainer who works at Laupahoehoe PCS and would bring her haumana to help with malama`aina efforts at Koa`ekea. These board members are all educators and descendants of Waipi`o Valley families. Dave Sansone brings extensive agricultural knowledge and expertise. Drew Kapp who teaches Geography has played a large role in bringing his students from UHH and HCC to come and learn be part of our malama `aina efforts at Koa`ekea. Drew's background in hula and Hawaiian studies were also included each time he brought students to Koa`ekea as in addition to tending to the `aina, Drew's haumana would perform chants and hula that they have learned to honor the special place. Executive Director and Program Manager Jesse K. Potter has over 5 years experience performing organizational & programatic duties with Pohaha I Ka Lani, including program planning& implementation. Mr. Potter holds degrees in Communication and Agriculture, and is able to effectively implement programs, supervise volunteers, staff&contractors, and implement project activities on site including site maintenance, farming,and other needs. i Although Pahaha I Ka Lani was incorporated as a 501(c)3 non-profit organization in 2009, edcucational programs started back in 2001. Our mission is to revitalize and advance indigenous Hawaiian culture through a variety of programs. Over DEPARTMENT OF PARKS&RECREATION Page 17 the past years, P6haha 1 Ka Lani has provided cultural and natural resource management activities for K-12 school-, university-,and community groups, primarily through the restoration and management of ancient lo`i systems at Napo`opo`o in Waipi`o Valley. In addition,we have provided opportunities for interested learners of all ages,with a special focus on native youth,to learn about imu making, Hawaiian food preparation and other cultural activities in and outside of Waipi`o Valley. Other important organization information includes: • P6hah5 1 Ka Lani members and affiliates have impressive academic and cultural backgrounds including in depth knowledge of area history, land stewardship,traditional practices,including local songs,hula and chants and much more. • Pohaha I Ka Lani members and affiliates include expert Hawaiian educators, natural resource managers and cultural practitioners, with extensive land stewardship experience and an unwavering commitment to aloha `aina. • Several P6haha I Ka Lani board members and affiliates have deep genealogical,historic and personal ties to Waipi`o and parcel area. ■ A P6haha I Ka. Lani's board member has decades of experience successfully implementing innovative sustainable programs in Waipi`❑and beyond,which combine high quality Hawaiian education and natural resource management and stewardship. B. Main source{s}of financial support At present,our primary sources'of funding include donations, and grants. Private donations from the Board of Directors and donation from outside individuals. In addition,the organization receives considerable in-kind support in the form of a Volunteer Executive Director. C. Please list prior projects successfully completed P6haha 1 Ka Lani has a successful history of land stewardship of 22.69 acres of Bishop Museum lease land at Napo`opo`o in.Waipi`o Valley. Through this successful track record, we have been awarded stewardship of over 2,100 acres of Kamehameha Schools land at the rimlands of Waipi`o Valley. We are currently in our beginning stages of stewardship of this site and have already establed a 5 acre community garden through the help of families and schools from different parts of the world. DEPARTMENT OF PARKS & RECREATION Page 18 Pohaba I Ka Lani's first successfully completed program was called Ka Wai I Ho'oulu `Ai, Ho'omalamalama I Ka Malama. Focusing on the empowerment of kane(male)and wahine(female)respectively, these programs provided cultural activities in Waipi`o Valley at our BM parcels, which connected participants with traditional practices and ancient knowledge. Our second program called Kahuli 2015 is provided for cultural and environmental education through place based learning at the ancient village sites of Napo`opo`o in Waipi`o Valley. This program is open to all ages and demographics and includes participants from throughout Hawaii Island and beyond. Malama Napo`opo`o, funded through a Hawaii Tourism Authority Kukulu Ola Living Hawaiian Culture grant, was conducted in 2017,continues the efforts of the Kahuli Program while also engaging the visitor industry for education, awareness and participation. The Malama Hi`ilawe Project, funded through a Hawaii Tourism Authority Kukulu Ola Living Hawaiian Culture grant, is currently occurring in 2018. It continues the efforts of the Malama Napo`opo`o Project to focus on the protection stewardship of the area from illegal, disrespectful,and damaging trespassing of hikers to Hi`ilawe waterfall. Pdhaha I Ka Lani in 2015 began stewardship of Koa`ekea and continues to steward the area currently in 2020 has been a PONC Steward of the Waipi`o Valley Lookout parcel this application is intended for,transforming the property from an invasive species ridden and trash laden parcel into a cleared and establish parcel with native plants,creating a unique place for conservation and education at the doorstep to Waipi`o Valley. DEPARTMENT OF PARKS & RECREATION Page 19 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds : X Certificate of insurance shall be required with County of Hawaii named as additional insured. X Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS& RECREATION Page 20 VI. APPENDIX#1 -PROPERTY& PROJECT BACKGROUND A. PROPERTY BACKGROUND TMK 4-8-04:06, an area of 1.804 acres located at the Waipi`o Valley Lookout in the Ahupua`a of Ldldkea, Ham1kua District,Island ofHawai`i. This parcel, owned most recently by the Rice family, was purchased by the County of Hawaii with public access,open space and natural resources preservation funding in 2006 an effort to preserve important lands and provide them with healthy stewardship. As the last piece of property before the descent into historic Waipi`o Valley,the property serves as cultural and community buffer for those that visit or enter into Waipi`o Valley. Instead of a visitor parking lot,tourist gift shop, or mini-mart of some kind,the PONC property serves as holding reminder of the cultural and rural heritage of Waipi`o Valley. The property has always been of great importance and potential,and has infinite potential to become a vital. buffer,not just to protect the cultural kipuka of Waipi`o Valley, recognized as one of Hawai`i's most pristine natural and cultural resources,but also to assist in the solidification of the Waipi`o Preservation Buffer. According to the 1990 Hamakua Regional Plan Executive Summary,Zone 3 Kukuihaele to Waipi`o, where TMK 4-8-04:06 is located, is"the most culturally and historically sensitive area in Hamakua."The Waipi`o Valley and Kukuihaele community requested the County ofHawai`i to purchase the property, which was completed in 2006. B. STEWARDSHIP HISTORY OF POHAHA I KA LANI L OVERVIEW Pohaha I Ka Lani has been stewarding the Waipi`o Valley Lookout PONC property for over 4 years since January 2016. In that time, Pohaha I Ka Lani has completely and immensely transformed the once overgrown, trash ridden, and dangerous property into a safe cultural& community education site that is flush with thriving native gardens that has served hundreds of learners& participants in that time.Community gatherings,cultural education workshops, and educational group hosting's have enhanced the presence of the place beyond just the physical improvements of the site. Nearly 20 trailer loads of trash have been removed through volunteer efforts. 6 large native garden areas have been planted and native trees&bananas planted in other areas. Hundreds of educational participants and dozens of educational groups hosted each year. DEPARTMENT OF PARKS&RECREATION Page 21 Pahaha I Ka Lani has revived the cultural place name for the site, Koa`ekea, as it was forgotten throughout time and holds significance in the mo`olelo(history)of multiple famous Waipi`o Valley chiefs and other mo`olelo that relate to the ancestors of that area. As part of our existing affiliation with the parcel and community connections,we consulted with the Thomas `Ohana, descendants and relations of former residents of the property. We have worked to accomplish each 1-year applications short term goals for the parcel,while holding the long-term good of the area, its residents and its history and cultural practices in mind as a caring, competent community steward through volunteer efforts. We feel our stewardship has established a place-, culture-,and community-based approach to natural and cultural resource management at the property with a solid, sustainable stewardship practice that has been the model for other PONC applicants. Being the first ever PONC stewardship application awarded, later PONC applicants for other properties such as Kawa have modeled their applications after Pohaha I Ka Lani. ii. LONG RANGE VISION "The long-range vision of Pohaha I Ka Lani is to transform and integrate TMK 4-8-04:06, and possibly lands in the Waipi`o Preservation Buffer, into a permanent.Hawaiian Preservation Buffer and Learning Zone,which preservers the rural, Hawaiian character of the Waipi`o Lookout and Kukuihaele area and protects historic Waipi`o Valley. This Hawaiian Preservation Buffer and Learning Zone will provide visitors and locals alike with unique educational opportunities to experience and interact with the valley's history and culture,without actually descending into the valley. Pohaha I Ka Lani believes that travel into, and resulting negative impact on Waipi`o, can be significantly reduced by providing authentic Hawaiian hands-on experiences at the former Rice Property at the Waipi`o Lookout. These activities include propagating,planting and using native plants for food production and preparation, native arts, culture and traditions and much more. In addition,to educating learners of all ages about Waipi`o and the history and culture of this land, we also envision TMK 4-8-04:06 to become the future gateway to access a community-based wilderness park and outdoor recreational area, where learners can interact with nature and experience the magic of Waipi`o from the rim of the valley." [As stated in Pohaha I Ka Lani's 2414 PONC application.] V DEPARTMENT OF PARKS & RECREATION Page 22 Pahaha I Ka Lani strongly believes that.TMK 4-8-04:46 has infinite potential as a Hawaiian learning zone, protecting Waipi`o and its rim from the ever-increasing onslaught of visitors to the valley, by providing engaging opportunities for learners of all ages to experience Hawaiian language,culture and traditions in action, without having to descent into the valley. Our vision for this property is to become a place where: • Hawaiian core values like aloha, kuleana, kulia i ka nu`u, malama`aina are openly exhibited, guiding the behaviors of the hosts, and contextualizing what is taught to the guests. • the ecosystem is restored to its natural resiliency and functions through ongoing on-the-ground community conservation efforts. • the natural native fauna and flora thrives and is used to practice the culture and sustain the land. • cultural protocol and Hawaiian traditions are practiced continuously • Hawaiian language is the preferred medium of communication and • the power of diverse interests and communities is united in a collaborative stewardship iii. STEWARDSHIP ALIGNMENT PAW I Ka.Lani's first five proposals have been aligned with the established community intent to protect and preserve the cultural and scenic integrity of the area, as in the community advocation of it to be purchased as a PONC property 2046. Our proposals and work have been aligned with the 1990 Hamakua Regional Plan and the recently unanimously adopted 2018 Hamakua Community Development Plan. The 1990 Hamakua Regional Plan Executive Summary for Zone 3 Kukuihaele to Waipi`o, recommends that efforts need to be made"to ensure that future use will continue to reflect the rural ambiance and character of the area...The preservation of the Waipi`o Rim is an unqualified precondition to consideration for development."The Waipi`o Rim Preservation Buffer in the plan was established"to preserve the cultural and scenic integrity of the rim by preventing development and view plane encroachment from private structures. Uses consistent with this intent include reforestation with rare, endangered and other species,and provision for a wilderness park with outdoor recreational areas combining passive activities such as hiking and picnicking." DEPARTMENT OF PARKS& RECREATION Page 2.3 The 2018 Hamakua CDP Section 4.9.3 Waipi`o Valley: County Action, Policy 54 states,"Designate Waipi`o Valley, including the Valley rim, as a Wahi Pana and create a resource protection overlay and regulations that will protect Waipi`o Valley's natural resources, preserve its storied past and perpetuate its agricultural traditions and unique rural lifestyle." As a Hawaiian non-profit made up of educators, natural resource managers and cultural practitioners, with close ties to Waipi`o and the Waipi`o Lookout area, we sincerely appreciate the opportunity to have stewarded the PDNC parcel for over four years. Pohaha I Ka Lani believes long term &community-focused stewardship has had positive impacts and will result in long lasting benefits on many levels to protect and preserve TMK 4-8-04:06, the Waipi`o Rim area, as well as the cultural kipuka of Waipi`o Valley. iv. CHALLENGES In these past years, Pohaha I Ka Lani has overcome applying without a site walkthrough,time delays in the award process, lapses in stewardship, unanticipated immense amounts of buried trash, and regular heavy rains. No site walkthrough resulted in reallocation of funds to accommodate needed work such as excavation and trash removal. Time delays resulted in future year applications needing to be submitted without starting the prior year's stewardship, and stewardship extensions needing to be made to ensure maintenance of the site. For example, our application written in August 2018 to begin in January 2019,didn't get awarded until 2020. We are currently utilizing 2019 application and have not been awarded 2020. yet but needing to write an applicaiton for 2021. This makes it difficult for us to predict when an application will start and what our plans should be just in case it will be a year or so late in awarding. For 2020, we began the year hosting our first group during the first week of January and continued to host groups all while monitoring Covid-19. Because Waipi`o Valley is heavily visited by people from all parts of the world, we started adopting additional safety protocols. With school groups, organizations and families canceling due to Covid-19, a bulk of the maintinance was left for Pohaha I Ka Lani site manager and his family to do as volunteers. It has been a very humbling time especially during the time period that the Waipi`o Valley Lookout pavillion was closed. Many would came on to Koa`ekea to use the bathroom in our gardens. We were constantly being put at risk especially since Covid-19 can spread through human waste. Our 2020 application requesting for a water tank has not been awarded yet. We have no running water to clean ourselves to wash DEPARTMENT OF PARKS & RECREATION Page 24 1 up. While we would be weeding gardens, locals and tourists wouldn't know we were on site and they would come on to the property to use the bathroom in one of our gardens. For a long period of time,we could not clean the lower section of the property as there would be piles of human waste present in the area. In addtition, last year, 50+teachers and principals from the State of Hawaii came to Koa`ekea to help us redo the bamboo fencing. In our surveys done with the community back in 2016, they voiced that they wanted a more natural looking. fencing and some suggested bamboo fencing.To keep with the community's request, we took out the old bamboo fencing done in 2016 and did a new fencing. During the time period when the parking lot at the lookout was blocked off due to Covid-19, many people parked along the fencing at Koa`ekea and sat on the bamboo fence. So many sections of the bamboo fencing broke and was replaced while other sections remained broke as we are trying to raise funds to redo the fencing. With sections of the bamboo fencing being broken, for the first time since 2016, our gardens were being trashed and eaten by pigs. We found ourselves constantly cleaning up gardens after pigs trashed different gardens. V. APPLICATION&AWARD TIMELINES As shown in the Pohaha I Ka Lani PONC Application History table below,the ability to plan effectively has been difficult and extensions have been required to prevent unnecessary extra work from occurring due to lapses in stewardship. In our stewardship period from May 2017 to present based off of our August 2015 application,we received three extensions to continue the work while needing to use funds wisely during that time. We understand the limitations of County staffing dedicated to the POMC program and appreciate the continued opportunity to steward the special place that is Koa`ekea, the Waipi`o Valley Lookout PONC property. Pohiihai I Ka Lani POMC Application History Table Application Anticipated Project Actual Executed Gap Period Date Period of Application Project Period Extension.Period (Lapse in Stewardship) August January 1,2015 — January 8, 2016— January 1, 2017— March 1, 2017--May 2014 December 31, 2015 December 31,2016 February 28, 2017 8, 2017 August January 1. 2017— May 9,2017— Ext. #I- NONE DUE TO 2015 December 31, 2017 December 31, 2017 1 MULTIPLE DEPARTMENT OF PARKS & RECREATION Page 25 January 3,2018— EXTENSIONS AS (Note: March 31, 2018 SHOWN Application submitted Ext.#2: April 16, 2018 prior to I' —June 30,2018 stewardship agreement Ext.#3: June 28, 2018 executed. August 31, 2018 August NO APPLICATION SUBMITTED DUE TO DELAY&OVERLAP OF PREVIOUS 2016 APPLICATIONS. August January 1, 2018— End of September 2018 TBD NIA-- 2017 December 31, 2018 -TBD EXTENSIONS TO BE REQUESTED IF NEEDED. August January 1, 2019— Possibly end of 2019 TBD NIA— 2018 December 31,2019 (TBD) EXTENSIONS TO [PREFERRED] BE REQUESTED IF OR NEEDED. July 1, 2019—June 3l, 2019 PROJECTED Aug 2019 January 1, 2021 (TBD) TBD N/A— December 31, 2021 EXTENSIONS TO [PROJECTED BASED BE REQUESTED IF ON CURRENT PONC NEEDED. GRANT AWARD DATES Aug 2020 January 1, 2022— (TBD) TBD NIA— December 31, 2022 EXTENSIONS TO [PROJECTED BASED BE REQUESTED IF ON CURRENT PONC NEEDED. GRANT AWARD DATES DEPARTMENT OF PARKS& RECREATION Page 26 V11. APPENDIX#Z Visual History of Pbhahs I Ka Lani Stewardship DEPARTMENT OF PARKS & RECREATION Page 27 d F 1i•� f b !� r i F r w h �S 1 IF r �F G A,..f t , 'A r , i d t ,� or Y W:. , e r �x yy Y. yy n r y , J ia• r . `�.a�fi �` h�,f�� r • -tip., � '�. �s• d ie,' r a ,r Al ti ,J �1 ti ° � a f m � y s K r ' A v Y ` al` r rr' F r ..dam pf/�' f �♦ ! B h �. R t'',fir.• � ��r ������ _ Y �.,• gym, �` �r< � an '`r �' � oM1,y � ��.. ,,. ,;�.:�:� � r� ,,.. ',„ -` �' ,,_ �. ..! 's 4 � F, R' � ".�� vF �� � !' � ��p' .r' �r4•"F.� y. '� ��,, ;, ''+ P w�f'. _ �: } �fir, � a Fa ' .., `'�' �'�, x�� � � '- � .r. 1q�. ' '� rw. ,. r r *, �1 � rr� ,��._: _, ,t \�, � r i r �.. �. .�."' ,� ��t .., � _ -- .. . - ., �.r,,�y -,. � k e� 1. lye .. ��^I ' . ' i� l afY .. ,� ,t: � � # �r �.� � .� � ��'" b r 4 u This particular garden is located along the road into Waipi`o Valley. Clumps of guinea grass once grew in the area and beer bottles along with other rubbish once filled this space. We cleaned the area and planted sunn hemp to improve the soil, reduce soil erosion, conserve sail water, and recycle plant nutrients. After a few years, we planted sweet smelling flowers which include different gardenias and pikake. We also planted pohinahina, different ti leaf varieties and `uki`uki which is used to make dyes for kapa. i a .y � I +-4 I� ...k 5 "'.t �A� � i 1A;•.1 r. b