HomeMy WebLinkAboutCOM 0336.001 2022-2024Michell D. Roth
Mayor
County of HawaN
Finance Department
25 Aupuni Street, Suite 1101 e Hilo, Hawaii 96720
(808) 961-8234 a Fax (808) 961-8248
Deanna S. Sako
.Director
Diane Nakagawa
Deputy Director
Hamana Ventura
Property Manager
September 19 2023
P
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Honorable Heather Kimball, Council Chair
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And Members of the Hawaii County Council
County of Hawaii
,9
25 Aupuni Street
Hilo, Hawaii 96720
Subject: Department of Finance Continued Evaluation of Applications of Stewardship Grant Applications
for the 2023 Public Access, Open Space, and Natural Resources Preservation Maintenance Fund.
Dear Council Chair Kimball and Members of the Hawaii County Council:
On August 19, 2021, the Hawaii County Council approved Ordinance No. 2156, Bill No. 45, amended
Chapter 2, Article 42 of the Hawaii County Code 1983 (2016 Edition, as amended). Pursuant to Section
2-214.2 (b), the maintenance fund shall be administered and managed by the Department of Finance.
The Department of Finance received fifteen applications seeking stewardship grant funding to maintain
and preserve County of Hawaii lands acquired through the Public Access, Open Space, and Natural
Resources Preservation Fund filed by August 31, 2022, for the grant year 2023, beginning July 1, 2023,
through June 30, 2024.
On August 1, 2023, the Legislative Approvals and Acquisitions Committee approved six of the fifteen
grant applications and referred to their respective resolutions.
I am pleased to present our continued recommendation of four applications, identified by locations, and
recommendation about each applicant's ability to complete the project according to the project plan.
The applicants have submitted budgets that reflect compliance with the Hawaii County Charter 10-16(h).
Attached, please find the budgets for the following:
1. Waipio Valley Lookout, Hamakua, Hawaii TMK No.: (3) 4-8-004:006.
Stewardship Grant No. 23-07, Pohaha I Ka Lani, applicant.
FY 2023 Amount requested $ 56,100.00.
2. Friends of Amy B.H. Greenwell Ethnobotanical Gardens, S. Kona, Hawaii.
TMK (3) 8-2-013:002, 003, 014; 8-2-014:043; and 8-2-015:059.
Stewardship Grant No. 23-03, Friends of Amy B.H. Greenwell Ethnobotanical Gardens, applicant
FY 2023 Amount requested $171,370:00. -
Hawaii County is an Equal Opportunity Provider andErn, o `'to, ^.
KI -
3. Kawa and Kawa Beach, Kau, Hawaii TMK (3) 9-5-016:006, 025 and 9-5-017:005, 007.
Stewardship Grant No. 23-10, Na Mamo O Kawa, applicant.
FY 2023 Amount requested $ 123,788.00.
4. Pohoiki, Puna, Hawaii. TMK (3) 1-3-008:097
Stewardship Grant No. 23-06, Na Maka Haloa O Waipio, applicant
FY 2023 Amount requested $ 48,000.00
Note: The original grant request was for $147,000. The $80,000 and $19,200 was eliminated for
non-compliance of charter.
Based on the submission of the budgets from the applicants above, I recommend that these organizations
be funded according to their proposed 2023 project plans and evaluation report.
If you have any questions, please contact Maxine Cutler, Properly Management Technician, at (808) 961-
8069 or Maxine.Cutler@hawaiicounty.gov.
Sincerely,
Deanna S. Sako
Director of Finance
Attachments
County of Hawaii
Department of Finance
Property Management Division
25 Aupuni Street, Suite 1101
Hilo, HI 96720
Telephone: (808) 961-8069
OFFICIAL USE ONLY:
STU. 23- 07
Rcv'd: Aug. 31, 2022
Approved:
DEADLINE TO FILE IS AUGUST 31, 2022, BY 4:30 PM
STEWARDSHIP GRANT APPLICATION
Public Access, Open Space, and Natural Resources Preservation Maintenance Fund
• Applications may be returned if instructions are not followed.
• Do not substitute other formats or alter the application form.
• Fit responses in the fields provided and use additional pages only when necessary.
• Attachments can include maps and labeled photos illustrating your project plans, in
addition to required documents.
A. NAME AND ADDRESS OF ORGANIZATION:
Pohaha I Ka Lani
P. O. Box 412
Kurtistown, HI 96760
B. PERSON TO CONTACT:
Jesse Keone Potter
Are you available to attend an in -person interview on Sept. 12, 2022 between 10:00 am
to 3:00 pm? Yes Z No location WHCC Bldg. O Kailua bona, III
If yes, a ZOOM link will be sent to your email address with instructions.
If no, please assign someone from your organization to attend with knowledge of the
proposed projects, and budget costs and provide email address above.
C. PROJECT PERIOD: July 1, 2023 to June 30, 2024
D. PROJECT NAME (See Instruction Sheet):
oa a ea aipi'o Valley Lookout
E. PROJECT LOCATION [TMK(s)] (See Instruction Sheet):
F. PROJECT COST (See Instruction Sheet):
Amount requested: $ 56,100.00
Applicant share: $ 25,200.00
Other resources: $ 0.00
Total Project Cost: $ 81,300.00
G. REQUIRED DOCUMENTS:
❑✓ Non-profit (501(c)(3), IRS letter of determination
❑✓ Copy of organization bylaws and mission statement
❑✓ DCCA Certificate of Vendor Compliance
❑✓ Letter of Authorized Signer for Organization
H. CERTIFICATION:
The applicant shall secure all necessary approvals and permits from the other
affected federal, state, and county agencies as necessary to comply with all
applicable laws and regulations. This may require appropriate permits from the
Department of Land and Natural Resources (DLNR) if parcels maybe within the
State Land Use Conservation District. 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: Kulia Tolentino-Potter
Signed: lc� Date: 08/28/2022
Title: President
Stewardship Grant Application, Page 2 of 7
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F. PERMITS/APPROVALS REQUIRED (See Instruction Sheet. Note that it is the
applicant's responsibility to apply for any required permits and to comply with all
permit requirements):
1. Environmental Assessments (EAs):
If yes, explain why? If not needed, explain why?
N/A
2. Special Management Area (SMA) Assessments or Permits:
If yes, explain why? If not needed, explain why?
N/A
3.Other:
Identify other permits/approvals required.
Temporary Structure Permit extension for shipping container
G. MANAGEMENT/PRESERVATION PLANS REVIEWED (Provide list of
Archaeological, Burial Treatment, Natural Resource Management, Environmental
Assessment, Cultural Impact Assessment, and other such plans for the property.
Check if there are plans on file with the PONC program. If the property has a
management plan, explain how the project helps to meet the goals of that plan.
Explain how these plans will be utilized in your project. Use additional pages if
needed):
N/A
Stewardship Grant Application, Page 5 of 7
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I. APPLICANT INFORMATION:
1. Brief history of the applicant organization. Include the date of
incorporation as a non-profit organization:
Please see attachment.
2. Main source(s) of financial support:
Volunteer hours from Pohaha I Ka Lani and groups we are hosting. We do have
equipment such as a tractor that we utilize to help with caring for Koa'ekea.
3. Please list at least three (3) prior projects successfullycompleted (Include
location and sponsoring agency):
Please see attachment.
J. Please initial below that the applicant understands the following documents
shall be required if awarded stewardship grant funds:
Initial
Documents
KKTP
Certificate of insurance shall be required with County of Hawaii named as additional
insured. Provide proof, if requested.
Organization shall provide the semi and annual report(s) which shall include
KKTP
accomplishments, financial statements explaining expenditures, projects in process,
community involvement, and status of overall projects.
Organization shall immediately contact the Department of Finance, Property
KKTP
Management Division upon dissolution of the organization or changes in the
or anization that may affect the Stewardship Grant Agreements.
Organization may be required to provide other documents as requested by the County
KKTP
of Hawaii Department of Finance.
Mahalo!
Should you have any questions, please contact: Maxine Cutler at Phone: (808) 961-8069
or Email: Maxine.Cutler@hawaiicounty.gov
Stewardship Grant Application, Page 7 of 7
Pohaha I Ka Lani
PO Box 412 Kurtistown, HI 96760
Pohahaikalani.com
Attachment for : Stewardship Grant Application, "Public Access, Open Space, and
Natural Resources Preservation Maintenance Fund"
From Page 3 of Application:
What are the objectives of the proposed project?
The project will invite individuals and'ohana to help expand upon Pohaha I Ka Lani's cultural
education and land stewardship initiatives by caring for and expanding the ethnobotanical
gardens at Koa'ekea.
Objectives:
1) Conduct baseline site maintenance of grass, front fence, and ethnobotanical gardens.
2) Host volunteers and malama'aina events to cultivate and maintain ethnobotanical
gardens, along with educating participants of the PONC sites environmental, cultural and
social significance.
3) Improve the safety and access to the designated locations of the ethnobotanical gardens.
4) Reduce fire hazard of bamboo growth.
5) Repair fence or gate as needed.
From Page 7 of Application:
I. APPLICANT INFORMATION:
1.13rief history of the applicant organization. Include the date of incorporation
as a non-profit organization:
P6hah5 I Ka Lani's mission is to revitalize and advance indigenous Hawaiian culture.
Established in 2001, and incorporated as a nonprofit in 2009, P6hah5 I Ka Lani conducts place -
based land stewardship, cultural education, and community engagement at sacred places
surrounding Waipi'o Valley (Hamakua District) and 'Ola`a (Puna District) on Hawai'i Island. We
offer the community meaningful, enriching opportunities to malama 'aina and understand the
significance of Waipi'o Valley as a wahi papa.
P6haha I Ka Lani has a longstanding commitment to malama 'aina through physical stewardship
of land and collaboration with communities, government, and private agencies to preserve the
Waipi'o Valley area. Board members and personnel include expert Hawaiian educators, natural
resource managers, cultural practitioners, science educators, and agricultural leaders with
extensive land stewardship experience. Members have impressive academic and cultural
backgrounds including in depth knowledge of Waipi'o, Hamakua history, land stewardship, and
traditional practices, including local songs, hula, and chants.
The Project Manager for the proposed project will be Jesse Keone Potter, who has been
volunteering as Project Manager for Koa'ekea since January 2016 through our PONC
stewardship. Jesse has over 10 years of experience managing and implementing projects for
previous and similar P6haha I Ka Lani projects. He will be responsible for project management
and completion of all objectives. Mr. Potter has extensive experience designing and delivering,
overseeing and managing land stewardship programs, developing cultural and land based
curriculum in Hawai'i, possesses deep knowledge of natural resources relative to the project, and
effectively works with youth and adults from diverse communities.
We plan to contract individuals to help with garden maintenance. Individuals contracted to help
with garden maintenance will assist Project Manager in caring for garden areas in between
hosting of malama `aina days. There are established gardens at Koa`ekea that needs to be cared
for. There is still room to expand and develop other gardens. Individuals will help with
administrative support in scheduling, coordinating, and implementing tasks, while also be able to
conduct field work such as facilitation of group hosting and land stewardship tasks.
We plan to hire companies and contract individuals to assist with tree services in which they
would be pruning or felling hazardous trees to ensure safety of our participants and staff.
Board members and Project Manager will work together to ensure the success of this program.
From Page 7 of Application:
3. Please list at least three (3) prior projects successfully completed (Include location and
sponsoring agency):
1. Ho`ola is Koa'ekea: We have been stewarding Koa'ekea through the Public Access,
Open Space, and Natural Resources Preservation Maintenance Grant with the County of
Hawaii since January 2016. Through our stewardship, we, along with many local and
visiting individuals volunteered many hours to clean up and care for Koa'ekea. We
focused on removing items that had been dumped in the area prior to our stewardship.
Volunteer work included removing 13 abandoned vehicles, removing over 70 loads of
trash utilizing our personal trucks. We established many gardens after removing invasive
trees and plants. Volunteered to cut large Norfolk trees that were leaning towards the
neighbor's home. Volunteered to cut over 10 Mango trees that were growing too close
together and constantly dropping branches. Volunteered to cut a lunch wagon in sections
that was left on the PONC parcel for many years and a large Banyan Tree growing out of
it. Utilized a 5 foot blade attached to our saw to cut through a large tree that had uprooted
itself many years ago and landed on a Toyota Tacoma. We constantly needed to dig trash
out of the ground since the trash was previously dumped and buried (prior to our
stewardship).
With 2019 being the last grant application to be awarded through PONC, Jesse and Kulia
Potter needed to cover costs and volunteer many hours to continue caring for Koa'ekea.
Grateful that many families, schools and orgranizations helped along the way. It was a
difficult balance in trying to keep all safe, volunteering, and when a time that most grants
were canceled due to Covid-19, there was still a lot of costs to upkeep Koa'ekea (PONC
Parcel). We, along with participants used face masks while working in the hot sun doing
our best to care for Koa'ekea as there was so much uncertainty about how Covid-19 was
spreading (in the beginning stages).
In addition to our malama `aina days, we offered opportunities for many to come and
learn. Workshops such as making poi boards and poi pounders were offered to many
families. Through these on -going workshops held at Koa'ekea, families would be able to
make a poi board and poi pounder during our 2 day workshops. In addhon to helping
families make their own poi boards and poi pounders, we donated many poi boards and
poi pounders to community families, schools and organizations. Lauhala weaving, mele
composition, learning chants, lei making, hula, food prep, la`au lapa`au, lomilomi,
drawing/art and storytelling were some of the workshops we also offered.
We also offered gatherings such as Makahiki in which a large amount of community
members and residents of Hawaii island would come together to malama `aina, play
makahiki games and we would provide a large feast.
With Waipi`o Valley closed to the public, we continue to do our best to help. We
expanded our programs to help with accommodating large numbers of people at our sites
above Waipi`o Valley to allow families, schools, organizations, and individuals to still be
able to learn about Waipi`o Valley, hear mo`olelo, hike with us, and help malama `aina.
2. Ka`elehua: Funded by OHA in which we offered a series of free workshops. Workshops
included mele/oli focusing on Hi`iakaikapoliopele`s travels to Hamakua — Mahiki —
Waipi`o Valley area. We offered opportunities to learn how to make rock walls in which
participants also learned the different names used for the different rocks and how to
position them. Participants learned protocol utilized throughout the building of the rock
wall. We also offered workshops on traditional farming and how to farm utilizing the
moon phases. Participants were able to take home native and endemic plants/trees to add
to their home gardens.
3. Full Calabash Fund: Funded by The Kohala Center. Through this project we assisted
families with providing prepared meals, food boxes (produce, fish, beef, smoked meat
and smoked sausages). We were able to support restaurants, locally owned businesses,
farmers, fishermen, ranchers and hunters. To allow donations to families be larger, we
also harvested produce from our farm sites to be added to boxes being donated to
families. We donated a wide range of plants, trees, seeds, and cuttings to help other
farmers and families with their home gardens.
nuERNAL RSVENUE 13EMVICAS
P. 0. BOX 250013
CINCINNATI, 11 45202,
rla t e - 4
MAR 08 "'010
IF'OHATIA I KA IWOU
P() B0X 106
IX)NOTAA, WE 96727
Dear AIVlicant:
DEPARTMMIT OF THE TREASTMZY
Employer Dlentificafnion Wunber�
80 0380686
DIM -
600021013
Contact Person-
RACHEII M LEIFHEIT TD# 31617
Contact Telephone liuinber-,
(877) 829-5500
Accounting Poxiod l3nding:
December 3.1
Public Cluarity Staus
7
tl
1 "0 (h) (I) (A) 8awt.)
Form f090 RequLt.ed.
Yes
Eftective Date c)f Exemij.,aticm:
FebrAiary 17, 2009
Contribution DeduiuLihdlity-
Yes
Addendum Applies -
No
We are pleased. to inforrn you that upcin, review (�)E your applir,:Ation fur: tax
exempt status we hiava,,diner real that y, ou are exempt ftoin Federal inccmva t;,,,ix
under sect irm 503, (c) (3) of the Revenue CN!Ae. Contributions to you axe
dedLl(�tihd(C ui.,ader a-.,ection 170 of thr., Code, You are also qpvilifli,ed to receive
tax deductible becluests, devises, transfers or gifts under section 2055, 2106
,c)r 2522 of the Code. Because this letter coul.d help i:esc)lve umyr questions
rc,qardinc! p status, yoii should keep it in youx perrnancmt. recorcls. g your exeyn t
cli.ganizations exempt under section 501 (c.,) (3) of the Code are furthei: c,Iassif ied
as either public charities or private foundz:ktions. Wct detennined that You are
a public charity under the Code section(s) listed hi the heading of Uds
let,ter.
Please ",4ee anclosed Putblicatic"m 4221-PC, Comp'll,'mce Guidn :"or 501(cl) (3) Vviblic
Charlties, fcxr soine helpfiil Jnfoe r,,ination about your responsibilities aij an
Letter 947 (DO/031)
Bylaws
POHAHA I KA LANI
ARTICLE I NAME
ARTICLE II PURPOSE
ARTICLE III BOARD OF DIRECTORS
ARTICLE IV OFFICERS AND BOARD MEMBER DUTIES
ARTICLE V COMMITTEES
ARTICLE VI FINANCES
ARTICLE VII CORPORATION MEETINGS
ARTICLE VIII VOTING
ARTICLE IX CONFLICT OF INTEREST
ARTICLE X CONTRACTS AND CHECKS
ARTICLE XI BOOKS AND RECORDS
ARTICLE XII AMENDMENTS
ARTICLE XIII GOVERNANCE
ARTICLE I NAME
SECTION 1. The name of this Corporation shall be POHAHA I KA LANI, hereinafter referred to as
"the Corporation."
ARTICLE II PURPOSE
Section 1. The purpose of the Corporation is set forth in the Articles of Incorporation.
ARTICLE III BOARD OF DIRECTORS
SECTION 1. The Board of Directors shall serve without pay and consist of 5-7 members.
SECTION 2. Board members shall serve a term of a year and term may or may not be extended.
SECTION 3. Vacancies shall be filled by the Board.
ARTICLE IV OFFICER AND BOARD MEMBER DUTIES
SECTION 1. The officers of the board shall consist of a Executive Director, Associate Director,
Secretary, and Treasurer nominated by the Board.
SECTION 2. Elected officers will serve a term of one year. Term may be extended if duties have been
completed in previous year(s).
SECTION 3: Duties
A. The Executive Director shall:
♦ Preside at all Board meetings
♦ Produce meeting agenda
♦ Appoint committee members with approval by board.
♦ Perform other duties as associated with the office,
B. The Associate Director shall:
♦ Assist the Executive Director in presiding in meetings and any other duties assigned by
Executive Director.
♦ Assume the duties of the Executive Director in case of the Chair's absence.
♦ Assume duties of the Secretary in case of the Secretary's absence.
C. The Secretary shall:
♦ Be responsible for the minutes of the Board, recording them during meetings.
♦ Keep all approved minutes in a minute book
♦ Shall send out copies of the previous meetings minutes to the board seven (7) days prior.
D. The Treasurer shall:
♦ Keep record of the organization's budget and prepare financial reports as needed.
♦ Manage board financial records.
♦ Solicit and manage grants with Executive Director, reporting to the board.
E. All board members including officers shall:
♦ Attend board meetings.
♦ Represent the organization ethically and responsibly in accordance with the organizations
purpose, By -Laws and Articles of Incorporation.
ARTICLE V COMMITTEES
SECTION 1. The Board may appoint committees as needed.
SECTION 2. Committees shall be designated a purpose statement upon creation.
SECTION 3: Committees shall consist of one or more board members, who shall make committee
reports to the board to report activities.
ARTICLE VI FINANCES
SECTION 1. Preparation of budget: The Annual budget of the corporation shall be prepared by the
Executive Director and Treasurer for approval by the Board of Directors.
SECTION 2. The corporation fiscal year will be January 1 through December 31.
ARTICLE VII CORPORATION MEETINGS
SECTION 1. The corporation shall have quarterly meeting 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. The first meeting will be scheduled at the previous years last meeting. The remaining quarterly
meetings will be scheduled at the first meeting of the year. The first meeting of the year is mandatory.
SECTION 2. Special meetings may be held at any time when called for by the Executive Director or a
majority of the Board of Directors.
SECTION 3. Agendas shall be provided at least seven days in advance.
SECTION 4: Agenda items shall be added during previous meeting or emailed to Executive Director
with supporting documents prior to agenda production.
SECTION 5. Attendance Policy:
♦ Board members must attend meetings unless prior notice given for their absence.
♦ Board members subject to review for dismissal when:
One (1) unexcused absence or Two (2) absences in a year term.
Emergency circumstances will be considered.
SECTION 6: Meeting date and time shall be agreed upon and recorded in minutes of previous meeting.
SECTION 7: Meetings shall not exceed 2 hours unless approved by board vote.
SECTION 8: Meetings shall be conducted in accordance with parliamentary procedure.
ARTICLE VIII VOTING
SECTION 1. A majority of board members constitutes a quorum.
SECTION 2. In absence of a quorum, no formal action shall be taken except to adjourn the meeting to
a subsequent date.
ARTICLE IX CONFLICT OF INTEREST
SECTION 1. Any member of the board who has a financial, personal, or official interest in, or conflict
(or appearance of a conflict) with any matter pending before the Board, of such nature that it prevents
or may prevent that member from acting on the matter in an impartial manner, will offer to the Board to
voluntarily excuse him/herself and will vacate his seat and refrain from discussion and voting on said
item.
ARTICLE X CONTRACTS AND CHECKS
SECTION 1. The Board of Directors may authorize the Executive Director and/or any other officer or
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, 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 Executive
Director 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 Executive Director.
ARTICLE XI BOOKS AND RECORDS
SECTION 1. The Corporation shall keep correct and complete books and records of account and shall
also keep minutes of the proceedings of its Board of Directors and committees having any of the
authority of the Board of Directors. The Corporation shall keep a copy of the following records at its
principal office:
a) Articles of Incorporation and all amendments currently in effects;
b) Bylaws and all amendments currently in effects;
c) Resolutions adopted by the Board of Directors relating to the characteristics, qualifications, rights,
limitations, and obligations of members or any class or category of members;
d) Minutes of all meetings of members and records of all actions approved by members for the past
three years;
e) Annual financial statements for the past three years;
f) A list of the names and addresses of its current Board members and officers; and
g) The most recent annual report filed with the Director of the Department of Commerce and Consumer
Affairs.
SECTION 2. The records required to be kept at the Corporation's principal office and any other records
as required by law, shall be open to inspection at a reasonable time upon written demand of any
member providing notice of five (5) business days or more.
ARTICLE XII AMENDMENTS
SECTION 1 These Bylaws may be amended or repealed by the vote of a majority of the Board of
Directors present at a meeting called for that purpose.
ARTICLE XIII — 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: Dismissal Policy
The Board reserves the right to dismiss board members when a board member fails to their
perform duties (ARTICLE IV, SECTION 3) and/or fails to comply with meeting attendance
policy (ARTICLE VII, SECTION 5).
4 Board members subject to dismissal shall be voted on by the board with the subject board
member required to abstain.
Pohaha I Ka Lani`s Mission Statement
"To revitalize and advance indigenous Hawaiian culture"
Founder's Vision
"To provide programs for the continuation and advancement of Hawaiian cultural knowledge,
wisdom, and practices through the generations"
Founder Kulia Kauhi Tolentino-Potter
Meaning of Pohaha I Ka Lani
"Pohaha I Ka Lani is the emergence of intelligent stewardship to perpetuate and advance
Hawaiian resources"
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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
POHAHA I KA LANI
was incorporated under the laws of Hawaii on 02/17/2009 ;
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.
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IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the seal of the
Department of Commerce and Consumer
Affairs, at Honolulu, Hawaii.
Dated: August 25, 2022
Director of Commerce and Consumer Affairs
To check the authenticity of this certificate, please visit: http : / /hhe . ehawaii . gov/documents/authenticate . html
Authentication Code: 439352-COGS PDF-225274D2
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 (DCCA).
Vendor Name: POHAHA I KA LANI
DBA/Trade Name: POHAHA I KA LANI
Issue Date:
Status:
Hawaii Tax#:
New Hawaii Tax#
FEIN/SSN#:
UI#:
DCCA FILE#:
08/30/2022
Compliant
17685421-01
GE-1427034112-01
XX-XXX0686
XXXXXX0330
225274
Status of Compliance for this Vendor on issue date:
Form Department(s) Status
A-6 Hawaii Department of Taxation Compliant
8821 Internal Revenue Service 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 A status determination has not yet been made
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
"to revitalize and advance
indigenous Hawaiian culture"
a501c3 non profit organization
1, Drew Kapp, Secretary of PMA5 I Ka Lani do hereby certify that the fo I I owing is a fu I I, true
and correct copy ofaresm|utimnduly adopted bythe Board ofDirectors mfsaid corporation, atits
meet inQdu|ycaled at17-4519 Hulna Road, Kurtistmvun,omtheSthday ofJan uarV,2O2l,atwhich
oquorum was present and act imgthnoughout; and that said resm|utionhas not been mod ifled,
amended orrescinded and continues infull force and effect.
RESDLVEDthattheperson hm|dingthe position ofPresident or Executive Director, is
hereby authorized toexecu1eonbehalf ofthe Corporation anybid, proposal orcontract for
services performed by the Corporation, and toexecute any bond required bysuch bid,
proposal mrcontract with the State ofHawaii prcounty orany department orsub-division of
any mfthem.
|NWITNESS WHEREOF, |have hereunto set my hand of said P6hjh5|KaLanithis 12thday of
Signature and Title
Pohaha I Ka Lani
"to revitalize and advance indigenous Hawaiian culture"
a501c3 non-profit organization
To Whom It May Concern,
This is to confirm that Board members of Pohaha I Ka Lani has agreed that the authorized signers for
Pohaha I Ka Lani business transactions for FY 2021 such as contracts, bank account access & usage, equipment
purchases & transfers, and other required signature documents are the following individuals:
Jesse K. Potter, Executive Director
Kulia K. Tolentino-Potter, President
Please contact with any questions at ka:uhikoa2l&Zmail.com or pohahaika.lani&gmail.com or you can reach
my on my cell at (808) 937-4243
Sincerely,
Kulia Kauhi Tolentino-Potter
Founder and President of Pohaha I Ka Lam
County of Hawaii
Department of Finance
Property Management Division
25 Aupuni Street, Suite 1101
Hilo, HI 96720
Telephone: (808) 961-8069
OFFICIAL USE ONLY:
STU. 23- 03
Rcv'd: Aug. 25, 2022
Approved:
DEADLINE TO FILE IS AUGUST 31, 2022, BY 4:30 PM
STEWARDSHIP GRANT APPLICATION
Public Access, Open Space, and Natural Resources Preservation Maintenance Fund
• Applications may be returned if instructions are not followed.
• Do not substitute other formats or alter the application form.
• Fit responses in the fields provided and use additional pages only when necessary.
• Attachments can include maps and labeled photos illustrating your project plans, in
addition to required documents.
A. NAME AND ADDRESS OF ORGANIZATION:
The Friends of Amy B.H. Greenwell Ethnobotanical Garden
82-6160 Hawaii Belt Rd, Captain Cook, HI 96704
https://www.amygreenwell.garden/
B. PERSON TO CONTACT:
Kimberly Kaho`onei: (808) 346-8 ,�berly Koho'onei: (808) 346-8901
kimkahoonei@am reenwell. ahoonei@amygreenwell.garden
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Are you available to attend a AN interview on Sept. 12, 2022 between 10:00am
to 3:00 pm? Yes FV-� No in person meeting at WHCC, Bldg. G
If yes, a ZOOM link will be sent to your email address with instructions.
If no, please assign someone from your organization to attend with knowledge of the
proposed projects, and budget costs and provide email address above.
C. PROJECT PERIOD: July 1, 2023 to June 30, 2024
D. PROJECT NAME (See Instruction Sheet):
Hanau Hou - Revitalizing the Amy Greenwell Garden
E. PROJECT LOCATION [TMK(s)] (See Instruction Sheet):
See question attachments Stewardship Grant Application E and Project Plan B.
F. PROJECT COST (See Instruction Sheet):
Amount requested: $171, 370
Applicant share:
$45,639
Other resources: $19, 570
Total Project Cost: $236,579
G. REQUIRED DOCUMENTS:
FV Non-profit (501(c)(3), IRS letter of determination
❑✓ Copy of organization bylaws and mission statement
❑✓ DCCA Certificate of Vendor Compliance
Letter of Authorized Signer for Organization
H. CERTIFICATION:
The applicant shall secure all necessary approvals and permits from the other
affected federal, state, and county agencies as necessary to comply with all
applicable laws and regulations. This may require appropriate permits from the
Department of Land and Natural Resources (DLNR) if parcels maybe within the
State Land Use Conservation District. 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:
Signed: ' Date: � A '.20 22-
Title: �1'�sr��� �; p�ot4m Q� �� W C4,,, o �an ica)
7
Stewardship Grant Application, Page 2 of 7
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Stewardship Grant Application Continued
STEWARDSHIP GRANT APPLICATION E & PROJECT PLAN B. TMKs
PARCELS: Kealakekua Ahupua'a, District of South Kona (See question attachment)
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)
• See Figure 1 and 2
C. NUMBER OF PERSONS WHO WILL BENEFIT
Estimated Total: 42,500
1. Community Volunteers and Members: 1,700
2. Educational Programs for children and adults: 3,000
3. Local Community Visitors: 1,500
4. Tourists:3,000
5. Plant Sale: 1,500
6. Farmers Market: 25,000
7. Events/Festivals:2,500
8. Special Ethnobotanical uses: 1,500
9. Website Visitors: 2,800
D. PROPOSAL AND PROJECT DESCRIPTION - Briefly describe the long-range
goal(s) for the property and the objectives of your proposal for stewardship grant
funding.
What are the objectives of the proposed project?
As stewards of Amy B.H. Greenwell Ethnobotanical Garden, we continue to cultivate
opportunities for everyone (residents and world wide visitors) to enjoy the Garden's
Hawaiian botanical and cultural resources through educational programs, scientific
research, recreation and conservation for the islands and the world. The continued
emphasis is on reestablishing the Garden as a destination for the mind and soul.
• See Figures 3 and 4
For the proposed project, we will focus on four main project objectives, which include:
Objective A: Creating a welcome space for the public, through the continued
restoration of the educational and caretaker building, formerly Amy Greenwell's original
home.
Objective B: Creating a community -based stewardship curriculum to enhance
stewardship capacity, community and visitor involvement, and the restoration of
knowledge and practice at Amy B.H. Greenwell Ethnobotanical Garden. Additionally, we
will provide educational opportunities about Native Hawaiian endemic and endangered
plant species and their cultural significance.
Objective C: Malama 'aina - Restore and perpetuate the living collection and ancient
sites.
• See Figure 5
Objective D: Create ADA accessible paths through parts of the Garden to increase
public access to the Garden and the educational and caretaker building being restored.
This building is planned to anchor education, a butterfly house and garden, community
activities and meetings.
• See Figure 6
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F. PERMITS/APPROVALS REQUIRED (See Instruction Sheet. Note that it is the
applicant's responsibility to apply for any required permits and to comply with all
permit requirements):
1. Environmental Assessments (EAs):
If yes, explain why? If not needed, explain why?
See question attachment F.1.
2. Special Management Area (SMA) Assessments or Permits:
If yes, explain why? If not needed, explain why?
No SMA permit is required, since our project is not close to the shoreline, and
located well above the coastal zone, near Captain Cook.
3.Other:
Identify other permits/approvals required.
See question attachment F.3.
G. MANAGEMENT/PRESERVATION PLANS REVIEWED (Provide list of
Archaeological, Burial Treatment, Natural Resource Management, Environmental
Assessment, Cultural Impact Assessment, and other such plans for the property.
Check if there are plans on file with the PONC program. If the property has a
management plan, explain how the project helps to meet the goals of that plan.
Explain how these plans will be utilized in your project. Use additional pages if
needed):
See question attachment G.
Stewardship Grant Application, Page 5 of 7
F. Section 1. Environment Assessments (EAs): If yes, explain why? If not needed,
explain why?
This project will not require an Environmental Assessment (EA) because its
components do not impact the environment in the Comprehensive Exemption List for
the County of Hawai'i, Dept. of Environmental Management, under paragraph 343-5.
A. Building Restoration - Exemption Class 1 - Operations, repairs or maintenance of
existing structures, facilities, equipment or topographical features involving,
negligible or no expansion or change of use.
B. Cultural and Plant Education - Exemption Class 5 — basic data collection,
research, experimental management, and resource evaluation activities which do
not result in a serious or major disturbance to an environmental resource.
C. Maintenance and Stewardship of the Landscape, related equipment
maintenance, and little fire ant survey activities - Exemption Class 5 — basic
data collection, research, experimental management, and resource evaluation
activities which do not result in a serious or major disturbance to an
environmental resource.
D. Fuel storage locker (small, certified, pre-fab) - Exemption Class 6: Construction
or placement of minor structure accessory to existing facilities.
E. ADA Garden Entry path to Main Garden Gate and ADA Accessible entries to
Building Restoration. Exemption Class 6 - Construction or placement of minor
structures accessory to existing facilities. Also, Exemption Class 4 — Minor
alterations in the conditions of land, water or vegetation .
F. Trail connecting main Garden gate (near Visitor's Center) to Building
Restoration/Repaired (A.1, Amy Greenwell's former home).
For most of the trail - Exemption Class 4 — Minor alterations in the conditions of
land, water or vegetation.
For the section of trail inside the main Garden gate, which traverses an area (c.
75' long) which is archaeologically sensitive in parcel 2, see below, `3. Other'.
An Environmental Site Assessment, conducted in 2019 (Lehua Associates) to support
the Friends' acquisition of the Garden in 2019, was submitted to the County with our
earlier 2021 stewardship application.
F. Section 3. Other: Identify other permits/approvals required.
ADA entrance. Compliance will be met for Building Restoration, Amy Greenwell's
former home in Parcel 1, public meeting space and bathroom. This building is now
being repurposed as an Educational and Caretaker facility (Objective A, Project
Description). The Conservation Easement for the Garden parcels prefers buildings to
be ADA compliant, and the Visitor Center is already compliant, built in 2012. An ADA
path is planned in this proposal from the Visitor Center to the Main Garden gate
(Objective D.1, Project Description and Figure 6).
Garden trail construction. We have conferred with Big Island staff of the US Forest
Service, and are planning the trail from the Main Gate through the Garden to the
Building Restoration to be U.S. Forest Service Accessible (See Objective D.2 and
Figure 6). They agree this is a reasonable approach given the Garden slope and
environment. Paths will be constructed of packed fine gravel/dirt surface and
permeable. The standards they will review on our project are detailed in these
documents -
https://cdn2.assets-servd. host/material-civet/production/images/documents/FSTAG_Acc
essibility_Guidelines.pdf
https://www.fs.usda.gov/sites/default/files/FSORAG-Pocket-Guide.pdf
Archaeological work. The section of trail inside the main Garden gate (Figure 6),
traverses an area c. 75' long which is archaeologically sensitive, now passing through a
kuaiwi (field boundary), in parcel 2. For the section of the trail passing through the
archaeologically sensitive area, we will contract with a State -permitted Cultural
Resources Management firm for archaeological work which will also monitor the
proposed trail length (Objective D.3). We have an on -site estimate from such a firm,
which is the basis for our line item in the budget. In consultation with the State Historic
Preservation Division, DLNR, this firm will mitigate work on the trail by surveying the
proposed path, executing data recovery and reporting on its findings. The Friends would
obtain a separate property owner permit, if needed. The 75' section is the only part of
the proposed trail in this project area, not previously bulldozed in the distant past.
G. MANAGEMENT/PRESERVATION PLANS REVIEWED
This proposed project addresses the overall goal of Hanau Hou - Revitalizing the
Garden, through our Strategic Plan and Goals: Conservation and Caring for the plants,
historic resources and land; Horticultural Education and Preservation; Restoration and
Repair of the Garden and its buildings; and Public Access via programs and trails.
• See Figures 4, 7 and 8
The documents below guide our project goals and the activities of this proposal,
including:
1. Strategic Plan and Goals, Friends of Amy B.H. Greenwell Ethnobotanical
Garden. A two page planning document, Friends' Board of Directors, 2021.
Attached.
2. Community Forest Management Plan: Amy B. H. Greenwell Ethnobotanical
Garden Community Forest. Report submitted by the Friends to the USDA Forest
Service, Community Forest and Open Space Program, 2020. (Parcels 1, 2 and
3). The document is available to view on our website
https://www.amVgreenwell.garden/
3. Gardens of Lono, 2001. Melinda S. Allen. Archaeological Investigations at the
Amy B H Greenwell Ethnobotanical Garden, Kealakekua, Hawaii. Bishop
Museum Press. (all parcels)
4. Returning to the Gardens of Lono: New Archaeological Excavation, by Mark
McCoy. In Ka Elele, B.P. Bishop Museum; Fall, 2015 magazine, p. 15.
(trail -related, this project)
5. McCoy, Mark D. & Cheng, Hai & Mulrooney, Mara & Ladefoged, Thegn N.
Garden Offerings in the Kona Field System, Hawai'i Island: A Fine -Grained
Chronology and Its Implications. American Antiquity, April 2022. (trail -related,
this project)
Other Relevant reports include:
6. Business Plan for the Amy B H. Greenwell Ethnobotanical Garden, updated
2018, updated for PONC application, 2020. Written by the Friends of Amy B. H.
Greenwell Ethnobotanical Garden Board of Directors.
7. Environmental Hazards Report completed by EDR, Inc for the Amy B H
Greenwell Ethnobotanical Garden, Inquiry Number 5635069.2s, April 29, 2019.
EDR, Inc. 6 Armstrong Road, 4t" Floor, Shelton, CT 06484, 800-352-0050.
8. Baseline Documentation Report on Amy Greenwell Ethnobotanical Garden for
Three Parcels, South Kona District, Hawaii County, Hawaii, 11.82 acres. August
30, 2019, written by Janet Britt.
9. Baseline Documentation Report on Amy Greenwell Ethnobotanical Garden for
Two Parcels, South Kona District, Hawaii County, Hawaii, 1.776 acres. August
25, 2019, written by Janet Britt.
10.Archaeological Inventory Survey for TMK (3) 8-2-014:042, Kealakekua Ahupua'a,
South Kona District, Written by Alan Haun and Dave Henry, March 2014. (Upper
Mauka parcel 4).
11. McCoy, Mark & MULROONEY, MARA & HORROCKS, MARK & Cheng, Hai &
LADEFOGED, THEGN. (2016). Evaluating agricultural bet -hedging strategies in
the Kona Field System: New high -precision 230 Th/U and 14 C dates and plant
microfossil data from Kealakekua, Hawaii Island: Evaluating agricultural
bet -hedging strategies in the Kona Field System. Archaeology in Oceania.
November, 2016.
12.Allen, Melinda S. and Maurice Major. 1996. Amy Greenwell Ethnobotanical
Garden Archaeological Management Plan. Unpubl. Rpt., Anthropology Dept.,
Bishop Museum, Honolulu, HI. 19 pp. + Appendix.
13. Bishop Museum and Hawaii County. 2019. Grant of Conservation Easement with
Public Access TMKs (3) 8-2-013-002; (3) 8-2-013-003; and (3) 8-2-013-014.
14. Friends of Amy B.H. Greenwell Ethnobotanical Garden and Hawai'i County.
2019. Grant of Conservation Easement TMKs (3) 8-2-014-043 and (3)
8-2-015-059.
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I. APPLICANT INFORMATION:
1. Brief history of the applicant organization. Include the date of
incorporation as a non-profit organization:
See question attachment 1.1.
2. Main source(s) of financial support:
See question attachment 1.2.
3. Please list at least three (3) prior projects successfullycompleted (Include
location and yon.voiwig trdencv):
see question attachment 1.3.
J. Please initial below that the applicant understands the following documents
shall be required if awarded stewardship grant funds:
Initial
Documents
Certificate of insurance shall be required with County of Hawaii named as additional
insured. Provide proof, if requested.
Organization shall provide the semi and annual report(s) which shall include
accomplishments, financial statements explaining expenditures, projects in process,
community involvement, and status of overall projects.
Organization shall immediately contact the Department of Finance, Property
Management Division upon dissolution of the organization or changes in the
organization that inay affect the Stewardship Grant Agreements.
Organization may be required to provide other documents as requested by the County
of Hawai `i Department of Finance.
Mahalo!
Should you have any questions, please contact: Maxine Cutler at Phone: (808) 961-8069
or Email: Max ine.Cutler(a.hawaiicounty.gov
Stewardship Grant Application. Page 7 ot•7
I. APPLICANT INFORMATION
SECTION 1. Brief history of the applicant organization. Include the date of
incorporation as a non-profit organization:
The Friends of Amy B.H. Greenwell Ethnobotanical Garden owns and operates the
12-acre Garden, developed over the last four decades. The Garden is landscaped with
the native plants and Polynesian crops that grew in Kona in the time before foreign
contact. It is currently open for visitors four days a week. As visitors walk through the
Garden, they learn about the cultural and horticultural stories of the plants and the
landscape through panels, labels, a map and brochure, an audio tour, and even a book
about the plants in the garden. Guided tours are offered once a week, and to groups
and school visitors by appointment. There is an annual "Grow Hawaiian" festival, and
workshops are planned for the near future. Quarterly plant sales attract landscape
professionals and community residents, eager to take home plants for their own
gardens.
The Friends is a 501 c(3) organization, incorporated May 24, 2016, and managed by a
volunteer Board of Directors, supported by over 500 members. Under adversity, we
formed as a community group in 2016 to save the Garden and raised $1.4M to
purchase it in November 2019 from its previous owner, B.P. Bishop Museum, which had
fallen under difficult times. With their change in leadership, we currently have a
productive, co-operating relationship with B.P. Bishop Museum. The Friends only
employee is our Friends/Garden Director, and the Museum hires the Garden Manager
and others. We have several planning documents that now guide the bright future of
this beautiful public garden.
• See Figure 9
I. SECTION 2. Main source(s) of financial support
1. Public, Federal through State of Hawaii: Kaulunani Urban and Community
Forestry Program, DLNR.
2. Public, County of Hawai'i: Public Access, Open Space, and Natural Resources
Preservation Stewardship Grant.
3. Private, Foundations: L.H. Dorcy Hawaiian Foundation, Ceres Trust, Hawai'i
Community Foundation.
4. Private individuals, including Eugene and Meredith Clapp, and many others.
5. Friends' donations, memberships, events, tours, workshops and plant/book/art
sales.
I. SECTION 3. Please list at least three (3) prior projects successfully
completed
• Roots and Shoots: `Ulu for the Future' - Kaulunani Urban and Community
Forest Grant, DLNR. A collaborative project with Lili`uokalani Trust, B.P. Bishop
Museum and private support. This project was funded in 2020-2022 as a
pandemic response. The Friends/Garden and volunteers produced over 250 `ulu
saplings on site for island -wide community distribution. Virtual educational
resources, three videos and artwork were created as an education tool for
Hawaiian 'ulu (breadfruit) and mo'olelo (stories) from a cultural lense and
preservation.
• Grow Hawaiian Festival and Grand Reopening - The event took place in
February, 2020. This was funded through community donations and the Friends
of Amy B.H. Greenwell Ethnobotanical Garden's Non-profit. Grow Hawaiian
benefited and was attended by over 800 adults and children. Festival activities
include cultural demonstration and education, entertainment, food, and media
coverage. (See flyer attached). Additionally, this event served as the Grand
Reopening of the Garden after the official purchase of the Garden in November,
2019. Grow Hawaiian will reconvene in 2023 (post -pandemic) and will continue
as an annual event to benefit the community.
• See Figure 10
• Re -roofing Amy Greenwell's Home, Pulelehua - For this project, $35,000 was
funded by the Cooke Foundation, Ltd. and shotlighted in their Annual Report for
2021, p. 14. Reconstruction is currently in progress, with objectives to repurpose
the original home for community educational use and a caretaker's residence.
https://issuu.com/hcfhawaii/docs/cgi-030-21-cooke_annual_report-final?fr=sYWVj
OTQyNTkzN D I
• Nursery Renewal and Regular Plant Sales - Funded through Laurence H.
Dorcy Hawaiian Foundation and Dozens of Friends' Volunteers. Regular plant
sales and Nursery renewal to full function, one year grant, 2021-22. Project
activities executed include propagation and conservation of the collection, repair
infrastructure (re -roof and other); and hiring of a skilled horticulturist.
Federal/state permits were renewed for propagation of the protected species.
This project aims to promote use of cultivars and Hawaiian plants and increase
sustainable income for the Garden. The larger goal is to support agricultural
regeneration on Hawaii Island.
List of Additional Documents
Figures
1. Amy Greenwell Ethnobotanical Garden Location, South Kona District.
2. Aerial Garden View, All TMK Parcels 1-5
3. Amy Greenwell Ethnobotanical Garden Community Forest Map
4. Strategic Plan Summary and Goals (2 pages)
5. Public Garden Map for Self -guided Tours
6. Proposed Path/Trail and ADAAccess Work, Parcels 1 and 2
7. Garden and Community Forest Flyer (2 pages)
8. Native Hawaiian Plants, Amy Greenwell Garden Ethnobotanical Guide, cover. Noa Kekuewa
Lincoln, with contributors. B.P. Bishop Museum Press, 2022.
9. Background of the Garden and the Friends
10. Grow Hawaiian Festival and Grand Reopening (February 2020)
Required Documents
I. Non-profit 501(c) 3, IRS letter of determination
II. Copy of Friends Bylaws and Mission Statement
III. DCCA Certificate of Vendor Compliance
IV. Letter of Authorized Signer for Friends
Figure 2
Amy Greenwell Ethnobotanical Garden,
and Community Forest
r
w.
Aerial Map showing TMK Parcels
TMK PARCELS, Kealakekua Ahupua'a, South Kona
1 TMK 8-2-013:002
Visitor Center Parcel, 1.7 acres
2 TMK 8-2-013:003
Amy's Greenwell's Original Home
and Lowland Garden/Forest, 4.8 acres
3 TMK 8-2-013:014
UplandGarden and Forest, 5.3 acres
4 TMK 8-2-014:043
Upper Mauka, 1.13 acres
5 TMK 8-2-015:059
Pa'ikapahu Heiau, 0.64 acres
Figure 3
Amy Greenwell Ethnobotanical Garden Community Forest
LEGEND Features Forest Zones
aAGEG Community Forest Into Panels - Wao Upo
Parcel 1 - Visitor Center Office/Greenhouse (Wet Forest Zone)
Parcel 2 - Lowland Dry Forest Buildings Mala
Parcel 3 - Upland Forest Visitor Center (Agioforestry Zone)
- DeveiopmentMousing Lots or U Wao Lama
Subdivision Paved Parking/(Dry Forest Zone)
Driveway
Major Roads Pathway Kahakai
(Coastal Zone)
Major Trees and Shrubs
Koa
Ohia
_ - Large Trees (other sp)
Kukui
Commit
* Shrubs
i
Parcel 3
I
Off and
+ greenhouse
Maintenance & * buildings
nursery complex
f�
1
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Multi-pixpose
Amy Greenwell's houseisitor
'Cerrter
former home t1Etk . i
0 125 250 500
Feet
Figure 4, 2 pages
Protect the Garden in Perpetu,
-Leverage resources to develop
strategic partnerships
f m' rovide Education
Recreational Opportunities
ours, workshops & events for
School children & adults
-Restore & perpetuate living -Online learning tools
collection & ancient sites I yo -Create butterfly IVlalama'aina
l�
' rE"Ko m Mai Garden & house
Care for the land
Welcome the Public -Propagate & promote
-Expand Garden access hours Vision; Ka'malama Hawaiian cultivars & plants
-Upkeep of landscaping & ana i ka mo omeheu. 1 -Update & monitor plant
trails mea a ola ai mai keia & archeological
-Docent recruitment &
training ;
mua aku. Preserving maps
culture. So that there isP
life to come. /rovide Research Opportunities
-Engage Universities & Museums for
Develop Operational Capabilities scientific studies
-Upgrade nursery capabilities
Mission: As
stewards of the Garden's -
Maintain archeological
ical
-Master plan for future venues
legacy, we cultivate
preserve
-Maintain existing buildings
opportunities for everyone to
-Hire staff to build
enjoy our Hawaiian botanical
Strengthen Friends
capacity
and cultural resources
Board Governance
Sustain a
through educational
Community Hub
programs, scientific research
-Strategic Plan developed
recreation and conservation
-Committees now formed with
-Host Pure Kona Green Market &
other events
-Maintain & develop local input &
community partnerships
for the islands and specific responsibilities
the world.
Secure Financial Resources
-Expand membership categories & donations
-Retail & plant sales as a revenue stream
Goals Surnrnary -Continue fundraising & create endowment
-Hanau Hou - To bring alive - Garden is a gathering place centered on Hawaiian resources & culture.
-Aloha Kakou - Welcome to all - Experiences in a natural setting, promoting education, recreation,
well-being & multicultural values for all.
-Na 'Opio - Youth for the future - Children educated in botany & culture, as they become the next
generation to steward the environment.
-Malama 'aina - Caring for the land - The Garden is a Community Forest, supporting conservation of
Hawaiian plants, contributing to environmental education, food security, climate concerns & sustainability.
-Laulima - Many hands working together - We inspire volunteerism & endeavor to form strategic
partnerships to sustain the Garden's natural resources & cultural heritage for the future.
www.amygreenweILgarden
V8 -March 23,2021
r
t
edk
Sftre9& P410 q"& 2021
Hdnau Hou - Revitalizing the Garden
The Garden is a gathering place centered on Hawaiian ethnobotany and
cultural practices that celebrate and contribute to the vitality of our
island communities. The Garden is protected in perpetuity.
Aloha kdkou — Welcome to all.
The Garden invites everyone to vibrant experiences in an authentic setting,
promoting education, recreation, and multicultural values for all.
Nd 'opio — Youth for the future.
Children and youth are inspired by the Garden's stunning legacy, the
beauty of nature and the excitement of learning, as they become the next
generation to steward the environment.
Mdlama 'dina — Caring for the land.
As owner of the Garden and Community Forest, the Friends support
conservation of Hawaiian plants and cultivars, and contribute to
environmental education, food security, climate concerns, ecosystem
restoration and sustainability.
Laulima — Many hands working together.
The Friends inspire volunteerism and engage with strategic partners to
sustain the Garden and Hawaii's cultural heritage for the future.
Kukui, the State tree of Hawaii (candlenut, Aleuretes moluccanus). Our logo features
its leaves. Kukui are prominent in the Garden, with abundant ancient and modern uses.
Read more in the Amy Greenwell Garden Ethnobotanical Guide to Native Hawaiian Plants,
being reprinted this year by Bishop Museum Press.
Photos by (top to bottom) — Maile Melrose (1,2), Akinori Imai (3),
DLNR (4), R. Kealohapau'ole Manaku (5), Noa Kekuewa Lincoln (6).
www.amygreenwell.garden
V.1,Spring, 2021
Aim mill �
Upland"
Forest Archaeological Online
Preserve Garden Plants
Izi.TRAVEL App
Agra
Forest
Nursery
Dryland
Forest
Agra
Forest
J
Entrance
Visitors Center
c Coas#a`i
Zone ,..
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., .-m `° Future Community Meeting s
A, Space & Butterfly Exhibit 1� Coastal ° a
Zone w
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0 0 •7•
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Scan QR Code for
Donations and
Membership
Amy vreenweii Ctnnoaotanicai %7araen
AGEG Community Pathway/ Info Panels
Forest Boundary Line Trail
varaen is open ii nursaay znrougn
Sunday from 9am to 2pm
www. a myg ree nwe I I .garde n
The Friends ofAmy Greenwell Ethnobotonical Garden is o nonprofit
organization. All donations ore tax-deductible.
82-6160 Mamalahoa Hwy. Captain Cook, 96704
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Figure 7 AM Y B. H, G Y, L L N W L L L
ETHNOBOTANICAL GARDEN
COMMUNITY FOREST
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 (AGEG) 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, Hawai'i County Public Access, Open
Space and Natural Resources Preservation Commission. The Friends of Amy B.H. Greenwell Ethnobotanical Garden, a
non-profit organization, has purchased the property and plans to manage it for the benefit of the community.
The AGEG Community Forest is a living treasure located in the historic town of Captain Cook, Hawai'i 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 staple food and example of agroforestry Right: View of tree canopy from property tour
Left: Surveying Native Trees with AGFG Manager Peter Van Dyke; Right: Kona Field System- agricultural archeological site
Forestry and Conservation
COMMUNITY FOREST:...•;•:
The AGEG Community Forest mirrors a traditional Hawaiian ; S,•!�
ahupua'a 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 System" 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 r
The Community Forest will restore public access and facilitate
opportunities for 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: Kolo or Taro plant
Community members can participate in volunteer workdays at the garden every Saturday from 9 a.m. to noon.
For updated information on events, garden re -opening, management plans, and community opportunities please visit
L_www.am g e nwel.garc.
The Department of Land and Natural Resources In accordance with federal law and USDA policy, this institution is
prohibited from discriminating on the basis of race, color, national origin,
Division of Forestry and Wildlife (DOFAW) 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.gov/forestry/lap/community-forest-program/ Civil Rights, Room 326-W, Whitten Building, 1400 Independence
Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964
DOFAW IS AN EQUAL OPPORTUNITY PROVIDER (voice and TDD). USDA is an equal opportunity provider and employer.'
Information sheet updated: 1/22/2020 0
Figure 8
Amy Greenwell Garden Ethnobotanical Guide to
Native Hawaiian Plants & Polynesian -Introduced Plants
*** Original publication 2009; Reprinted by B.P. Bishop Museum (2021), in collaboration with
the Friends, now available. 144 pages. 978-1-58178-092-5.
by Noa Kekuewa Lincoln, with contributions.
Comments:
Native Hawaiian plants make up a unique flora because of the extreme isolation of the Hawaiian
Islands. When the Polynesian settlers arrived, they encountered many plants that they did not know
before. Over the course of generations, the Hawaiian people learned how to use the native flora to
meet their needs. Along with the crops that the settlers introduced from the South Pacific, native
plants became the basis for Hawaiian society and economy.
In addition to describing the plants and their habitats, this guide relates the significance that native
and Polynesian -introduced plants had to traditional Hawaiian culture, and tells how these plants are
still used today.
Figure 9
Ka malama `ana i ka mo'omeheu.
I mea e ola ai mai keia mua aku.
Preserving culture. So that there is life to come.
Background of the Garden
For several decades, the Garden has been an inspiring venue for K-12 educational programs,
plant festivals and scientific research. Prior to the closure in 2016 and the current pandemic, the Garden
welcomed over 12,000 student and adult visitors annually. This beloved community resource was
established through a gift to Bernice Pauahi Bishop Museum (the Museum) in 1974 by Amy B.H.
Greenwell, a botanist, archaeologist, and Hawaiian cultural enthusiast. She died of cancer in 1974,
willing her property to the Museum, which developed and opened it to the public in 1988. Under
organizational challenges, the Museum closed the Garden in 2016 and sought a new steward.
Overlooking Kealakekua Bay, the 13.6-acre Garden conserves 250 native plant species, many
rare and endangered, and 150 cultivars of Hawaiian crops in an authentic setting. Focusing on
traditional agroforestry and biocultural restoration, the Garden is set among intact remnants of ancient
Hawaiian fields of low stone walls, known as the Kona Field System. Pa'ikapahu Heiau is preserved on a
non-contiguous parcel for future restoration. Over a dozen articles and books have been published on
the Garden. The Garden is now a designated Community Forest, the first named by USDA in the Pacific.
Infrastructure includes a Visitor Center, parking lot, a nursery and maintenance shop, office and
greenhouse buildings, Amy Greenwell's original home, interpretive signage, and many walking trails.
We are now restoring the founder's home, called Pulelehua (butterfly) as an educational and caretaker's
facility, and plans for a Butterfly House and Garden are underway. The Visitor Center area is the venue
for the popular Sunday 'Pure Kona Green Market', drawing many people to the Garden.
The Friends formed as a nonprofit in 2016, and raised major grants for fee -simple purchase of
the Garden for $1.4 million in November 2019. Funding came from the State of Hawaii, Legacy Land
Conservation Program, DLNR; the Community Forest Program, USDA US Forest Service; the Atherton
Family Foundation; and Cooke Foundation, Ltd. Our 'Deed with Covenants' permanently preserves the
Garden. The County of Hawai'i also granted Conservation Easements, malting us eligible in the future for
assistance from the County's Public Access, Open Space and Natural Resources Conservation (PONC)
Maintenance Fund. Pro bono legal assistance was generously provided by Cades Schutte LLP, Honolulu.
After several years of closure, the Friends are revitalizing the Garden to ensure plant
conservation and to promote public access and opportunities for education. We now have over 500
members. Also, we are in discussion with the Museum's new leadership for a future operating
partnership. Now, as the pandemic eases, we open the Garden 4 days per week (Thursday -Sunday) and
for special programs. Our past online newsletters showcase our projects. With our many volunteers
and dedicated Board, we are working for the bright future of this treasured legacy resource.
* Photo by Maile Melrose www.amygreenwell.garden
Figure 10
cCelebtTi3ting Riwwaiijan Cmlture
& Nil -I nal Iilislory
Speakers, cultural demonstrations, music,
hands -on -activities, informational displays,
Hawaiian Arts Market, & food. (Big Jake's BBQ)
11m, 'fir�J ;f�ial�lar t.Ys.rrt i.ru �rytr 1f�uur gears.
Kapa making, poi pounding, wood carving,
Hawaiian dyes, ipu gourd decorating,
weaving, net making, 'awa, sugar cane and
taro experts on hand. Bring your mystery
plants and bugs for expert botanists and;
entomologists to identify.
More info: htts://www.am reenwell. arden
P Yg 9
presented by
Friends of Any G reenwell Ethnobotanical Garden
and Bishop Museum --Sponsored by CboiceMART
with additional support from Kamehameha Schools,
l lawai`i Forest 6, Trail, and TryLookInside/`Ouli Wai Craphi.,
Link to one of several news stories on the Festival in West Hawaii Today —
https://www.westhawaiitoday.com/2020/02/28/entertainment/amy-b-h-greenwelI-ethnobotanical-garden-
reopens-g row-hawaiian-festival-satu rda�r/
INTERNAL REVENUZAEVVICCE
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IN THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
STATE OF HA WAII
In the Matter of the Incorporation
of
FRIENDS OF AMY B.H. GREENWELL
ETHNOBOTANICAL GARDEN, a Hawaii
nonprofit corporation
ARTICLES OF INCORPORATION
FILED 05/2412016 02:27 PM
Business Registration Division
DEPT. OF COMMERCE AND
CONSUMER AFFAIRS
State of Hawaii
Trever K. Asatn
Cades Schulte LLP
A Limited Liability Law Partnership
1000 Bishop Street, Suite 1200
Honolulu, Hawaii 96813
ImwtapeDB3491790.1
�1
Q
IN THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
STATE OF HAWAII
In the Matter of the Incorporation
of
FRIENDS OF AMY B.H. GREENWELL
ETHNOBOTANICAL GARDEN. a Hawaii
nonprofit corporation
ARTICLES OF INCORPORATION
The undersigned, desiring to form a nonprofit corporation under the laws of the State of
Hawaii, certifies as follows:
ARTICLE I
CORPORATE NAME
The name of the Corporation is Friends of Amy B.H. Greenwell Ethnobotanical Garden.
ARTICLE I1
PERIOD OF DURATION
The duration of this Corporation is perpetual.
ARTICLE III
CORPORATE PURPOSES AND POWERS
Section 3.1. Purposes_ The Corporation is organized exclusively for the following
purposes:
(a) To foster understanding, enjoyment, community benefit, and conservation
of the natural and cultural resources of AMY B. H. GREENWELL ET1 NOBOTANICAL
GARDEN and its surrounding environment,
(b) To raise Binds and facilitate volunteers and secure other resources to help
support the purposes, goals and attributes of AMY B. H. GREENWELL ET14NOBOTANICAL
GARDEN, whereby the purposes, goals, and attributes may include, but are not limited to:
cultural, botanical, and conservation education; propagation, dissemination, and conservation of
Hawaiian native, endangered, and culturally significant plants; community access and enjoyment
to nature and culturally significant, historic, and archaeological sites; perpetuation of Hawaiian
cultural uses of plants; and appropriate research;
and
lmmageD9:3481790.1
\
N
N
O
r
N
N (c) To operate exclusively for charitable, religious, literary, educational and w
scientific purposes, within the meaning of Section 501(c)(3) of the Internal Revenue Code, Q
including for such purposes, the making of distributions to organizations that qualify as tax-
exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1986 (or any"n
future corresponding provisions).,
U,
Section 3.2. Restrictions. The Corporation is a nonprofit corporation and shall not
authorize or issue shares of stock. No dividend shall be paid and no part of the income or profit
of the Corporation shall be distributed to its members, directors or officers of the Corporation.
No loans shall be made by the Corporation to its directors or officers. The Corporation may,
however, pay compensation in a reasonable amount to its members, directors, or officers for
services rendered. Except as permitted by this Section 3.2, no part of the assets or earnings of the
Corporation shall inure to the benefit of any individual. The Corporation shall not participate in
or intervene (including publication or distribution of statements) in any political campaign on
behalf of any candidate for public office. Notwithstanding any other provision of the
Corporation's articles of incorporation, the Corporation shall not carry on any activities not
permitted to be carried on (i) by a corporation exempt from federal income tax under Section
501(c)(3) of the internal Revenue Code of 1986 (or any future corresponding provision); or (ii)
by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal
Revenue Code of 1986 (or any future corresponding provision).
Section 3.3 Private Foundation Requirements. In any taxable year in which the
Corporation is considered a private foundation as described in Section 509(a) of the Internal
Revenue Code of 1986 (or any future corresponding provision), 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 of 1986 (or any future corresponding provision); (2)
shall not engage in any act of self -dealing as defined in Section 4941(d) of the Internal Revenue
Code of 1986 (or any future corresponding provision); (3) shall not retain any excess business
holdings as defined in Section 4943(c) of the Internal Revenue Code of 1986 (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 of 1986 (or any future
corresponding provision); and (5) shall not make any taxable expenditures as defined in Section
4945(d) of the Internal Revenue Code of 1986 (or any future corresponding provision).
ARTICLE IV
OFFICE AND AGENT
Section 4.1 Principal Office. The mailing address of the initial principal office of the
Corporation is 82-6066 Mamalahoa Hwy, 410, P.O. Box 399, Captain Cook, Hawaii 96704.
Section 4.2 Registered Agent. The Corporation's initial, individual, non-commercial
registered agent in the State of Hawaii to which service of process and other notices and
documents may be served on the Corporation is Maile Melrose. The street address of the place
of business of the registered agent is 82-6066 Mamalahoa Hwy, #10, Captain Cook, Hawaii
96704.
2
ImanagcDE1 3481790. I
ARTICLE V
INCORPORATOR
The name of the incorporator is Trever K. Asam, whose address is 1000 Bishop Street,
Suite 1200, Honolulu, Hawaii 96813.
ARTICLE VI
DIRECTORS AND OFFICERS
Section 6.1 Board of Directors. The board of directors shall consist of not fewer than
five persons or of such greater number of persons as may be authorized by the bylaws. The
board of directors shall be elected as provided by the bylaws. The board of directors shall have
and may exercise all the powers of the Corporation except as otherwise provided by law, these
articles of incorporation or the bylaws.
Section 6.2 Officers. The officers of the Corporation shall consist of a president, two
vice-presidents, a secretary, and a treasurer. The officers shall have the powers, perform the
duties and be appointed in the manner set forth in the bylaws or as may be determined by
resolution of the board of directors not inconsistent with the bylaws. Any person may hold two
or more offices of the Corporation, provided the Corporation shall have at least three persons as
officers.
Section 6.3 Directors and Officers. The number of directors constituting the initial
board of directors is sixteen (16). The names and residence addresses of the individuals who are
to serve as the initial directors and officers, until their successors are elected and qualified are:
Name
Title
Andress
Maile Melrose
President,
82-6066 Mamalahoa Hwy, #10
Director
Captain Cook, Hawaii 96704
Noa Lincoln
Vice President,
82-6066 Mamalahoa Hwy, #I.0
Director
Captain Cook, Hawaii 96704
Shirley Ann Kauhaihao
Vice President,
82-6066 Mamalahoa Hwy, #10
Director
Captain Cook, Hawaii 96704
Marie Morin
Secretary,
82-6066 Mamalahoa Hwy, #10
Director
Captain Cook, Hawaii 96704
Rosalind Manaku
Treasurer,
82-6066 Marrialahoa Hwy, #10
Director
Captain Cook, Hawaii 96704
Nathan Smith
Director
82-6066 Mamalahoa Hwy, -#10
Captain Cook, Hawaii 96704
Craig 1levitch
Director
82-6066 Mamalahoa Hwy, #10
Captain Cook, Hawaii 96704
ImanageDB:3491790.1
Shayne Keahi Tomas Director 82-6066 Mamalahoa Hwy, 410
Captain Cook, Hawaii 96704
M.E. "Meg" Greenwell Director 82-6066 Mamalahoa Hwy, #10
Captain Cook, Hawaii 96704
A. Rose Schilt Director 82-6066 Mamalahoa Hwy, #10
Captain Cook, Hawaii 96704
A. Kamuela Meheula Director 82-6066 Mamalahoa Hwy, 910
Captain Cook, Hawaii 96704
Kanoa Kimball Director 82-6066 Mamalahoa Hwy, #10
Captain Cook, Hawaii 96704
Greg Garriss Director 82-6066 Mamalahoa Hwy, #10
Captain Cook, Hawaii 96704
Riann Wakefield Director 82-6066 Mamalahoa Hwy, #10
Captain Cook, Hawaii 96704
Chantal Chung Director 82-6066 Mamalahoa Hwy, #10
Captain Cook, Hawaii 96704
Tommy Hickox Director 82-6066 Mamalahoa Hwy, #10
Captain Cook, Hawaii 96704
ARTICLE VII
LIMITATION OF LIABILITY, INDEMNIFICATION AND ADVANCEMENT
Section 7.1 Limitation of Liability of Directors. Without limiting any other
protections to which the directors may be entitled, the directors of the Corporation shall not be
personally liable to the Corporation for monetary damages for the breach of any of the director's
duties to the Corporation, unless such elimination of personal liability is prohibited by law.
Section 7.2 Indemnification of Directors, Officers, Employees, and AFents. The
Corporation shall indemnify, and advance funds to pay for or reimburse expenses to, its directors
to the fullest extent permitted by law. The Corporation may indemnify, and advance funds to
pay for or reimburse expenses to, its officers, employees, and agents to the fullest extent
provided by law.
Section 7.3 Amendment, Modification, or Repeal of Article VII. Any amendment,
modification or repeal of this Article VII shall not deprive any person of rights hereunder arising
out of alleged or actual occurrences, acts or failures to act occurring prior to notice to such
person of such amendment, modification or repeal.
4
ImanWDB3481790.1
ARTICLE VIII
MEMBERSHIP
Membership in the Corporation may be held by all persons who have the qualifications of
membership specified in the bylaws. Members of the Corporation shall be admitted or expelled
in the manner provided by the bylaws.
ARTICLE IX
CORPORATE DISSOLUTION; DISTRIBUTION OF ASSETS
If the Corporation shall be dissolved, all assets of the Corporation, after payment of
liabilities, shall be distributed to one or more public agencies, organizations, corporations, trusts
or foundations organized and operated exclusively for charitable, religious, eleemosynary,
benevolent, scientific, educational, literary or similar purposes, no part of whose assets, income
or earnings may be used for dividends or otherwise withdrawn or distributed to or inure to the
benefit of any private shareholder or individual and the activities of which do not include
participation or intervention 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 501(c)(3) of the Internal Revenue Code of 1986 (or any future
corresponding provision).
ARTICLE X
AMENDMENT OF BYLAWS
The power to alter, amend or repeal the bylaws or adopt new bylaws shall be vested in
the board of directors, subject to ratification by the members, all in accordance with the
Corporation's bylaws.
The undersigned certifies under the penalties of Section 414D-12, Hawaii Revised
Statutes, that the undersigned has read the above statements, that Uwe are authorized to sign the
Articles of Incorporation, and that the above statements are true and correct.
Signed this 241h day of May, 2016.
TREVER K. ASAM
Incorporator
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IN THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
STATE OF HAWAII
In the Matter of the Incorporation
of
FRIENDS OF AMY B.H. GREENWELL
ETHNOBOTANICAL GARDEN, a Hawaii
nonprofit corporatiorl
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
(Section 414D-i 84, Hawaii' Revised Statutes)
FILED 04/30/2019 04:07 PM
Business Registration Division
DEPT. OF COMMERCE AND
CONSUMER AFFAIRS
State of Hawaii
CADES SCHUTTE LLP
A Limited Liability Law Partnership
I000 Bishop Street, Suite 1200
Honolulu, Hawaii 96813
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IN THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
STATE OF HAWAII
In the Matter of the Incorporation
of
FRIENDS OF AMY B.H. GREENWELL
ETHNOBOTANICAL GARDEN, a Hawaii
nonprofit corporation
AMENDED AND RESTATED ARTICLES OF INCORPORATION
(Section 4I413-184, Hawaii Revised Statutes)
The undersigned, duly authorized officer of the corporation submitting these Amended
and Restated Articles of Incorporation, certifies as.follows:
The name of the corporation is FRIENDS OF AMY B.H. GREENWELL
ETHNOBOTANICAL GARDEN.
2. The Amended and Restated Articles of Incorporation adopted is attached.
3. The Amended and Restated Articles of Incorporation was adopted by a vote of the
Board of Directors on and was ratified by the members on
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4. The written approval of a specified person or persons is not required.
5. The attached Amended and Restated Articles of Incorporation supersedes the
original Articles of Incorporation and all amendments thereto.
The undersigned certifies under the penalties of Section 41413-12, Hawaii Revised
Statutes, that the undersigned has read the above statements, that the undersigned is authorized to
make this change, and that the statements are true -and correct.
Signed this a3day of , 2419.
Ir
M'Ali-G, Y F-L-ROSE
President
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IN THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
STATE OF HAWAII
In the Matter of the -Incorporation
Of
FRIENDS OF AMY B.H. GREENWELL
ETHNOBOTANICAL GARDEN, a Hawaii
nonprofit corporation
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
The undersigned, desiring to form a nonprofit corporation under the laws of the State of
Hawaii, certifies as follows:
ARTICLE I
CORPORATE NAME
The name of the Corporation is Friends of Amy B.H. Greenwell Ethnobotanical Garden.
ARTICLE 1I
PERIOD OF'DURATION
IThe duration of this Corporation is perpetual.
ARTICLE III
CORPORATE PURPOSES AND POWERS
Section,3.1. Purposes. The Corporation is organized exclusively for the following
purposes:
(a) To foster understanding, enjoyment, community benefit, and conservation
of the natural and cultural resources of AMY B'.. H. GREENWELL ETl-INOBOTANICAL
GARDEN and its surrounding environment;
(b) To. raise funds and facilitate volunteers and secure other resources to help
support the purposes, goals and attributes.of AMY B. H. GREENWELL ETHNOBOTANICAL
GARDEN, whereby the purposes, goals, and attributes may include, but are not limited to:
cultural, botanical, and conservation education; propagation, dissemination, and conservation of
Hawaiian native, endangered, and culturally significant plants; community access and enjoyment
to nature and culturally significant, historic, and archaeological sites; perpetuation of Hawaiian
cultural uses of plants; and appropriate research;
2
41
1manageD8A805726.1
(c) In furtherance of the 'above "purposes, goals, and attributes" (the
"Mission"), to acquire perpetual or leasehold interests in land and improvements now comprising
the Amy B.H. Greenwell Ethnobotanical Garden (the "Garden") and/or other property to carry
out the Mission and to operate and manage the Garden and/or contract for the management and
operation of the Garden consistent with the Mission;
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(d) To operate exclusively for charitable, religious, literary, educational and
scientific purposes, within the meaning of Section 501(c)(3) of the Internal Revenue Code,
including for such purposes, the making of distributions to organizations that qualify as tax-
exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1986 (or any
future corresponding provisions).
Section 3.2. Restrictions. The Corporation -is a 'nonprofit corporation and shall not
authorize or issue shares of stock. No dividend shall be paid and no part of the income or profit
of the Corporation shall be distributed to its members, directors or officers of the Corporation.
No loans shall be made by the Corporation to its directors or officers. The Corporation may,
however, pay compensation in a reasonable amount to its members, directors, or officers for
services rendered. Except as permitted by this Section 3.2, no part of the assets -or earnings of the
Corporation shall inure to the benefit of any individual. The Corporation shall not participate in
or intervene (including publication or distribution of statements) in any political campaign on
behalf of any candidate for public office. , Notwithstanding any other provision of the
Corporation's articles of incorporation, the Corporation shall not carry on any activities not
permitted to be carried on (i) by a corporation exempt from federal income tax under Section
501(c)(3) of the Internal Revenue Code of 1986 (or any future corresponding provision); or (ii)
by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal
Revenue Code of 1986 (or any future corresponding provision).
Section 3.3 Private Foundation Requirements. In any taxable year in which the
Corporation is considered as private foundation as described in Section 509(a) of the Internal
Revenue Code of 1986 (or any future corresponding provision), 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 of 1986 (or any future corresponding provision); (2)
shall not engage in any act of self -dealing as defined in Section 4941(d) of the Internal Revenue
Code of 1986 (or any future corresponding provision); (3) shall not retain any excess business
holdings as.defined in Section 4943(c) of the Internal Revenue Code of 1986 (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 of 1986 (or any future
corresponding provision); and (5) shall not make any taxable expenditures as defined in Section
4945(d) of the Internal Revenue Code' of 1996 (or any future corresponding provision).
ARTICLE IV
OFFICE AND AGENT
Section 4.1 Principal Office. The mailing address of the initial principal. office of the
Corporation is 82-6066 Mamalahoa Hwy, #10, P.O. Box 399, Captain Cook, Hawaii 96704.
3
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Section 4.2 Registered A_g_ent. The Corporation's initial, individual, non-commercial
registered agent in the State of Hawaii to which service of process and other notices and
documents may be served on the Corporation is Maile Melrose. The street address of the place
of business of the registered agent is 82-6066 Mamalahoa Hwy, #10, Captain Cook, Hawaii
96704.
ARTICLE V
INCORPORATOR
The name of the incorporator is Trever K.. Asam, whose address is 1000 Bishop Street,
Suite 1200, Honolulu, Hawaii 96813.
ARTICLE VI
LIMITATION OF LIABILITY INDEMNIFICATION AND ADVANCEMENT
Section 6.1 Limitation of Liability of Directors. Without limiting any other
protections to which the directors may be entitled, the directors of the Corporation shall not be
personally liable to the Corporation for monetary damages for the breach of any of the director's
duties to the Corporation, unless such elimination of personal liability is prohibited by law:
Section 6.2 Indemnification of Directors, Officers, Employees, and Agents. The
Corporation shall indemnify, and advance funds to pay for or reimburse expenses to, its directors
to the fullest extent permitted by law. The Corporation may indemnify, and advance funds to
pay for or reimburse expenses to, its officers, employees, and agents to the fullest extent
provided by law.
Section 6.3 Amendment, Modification or Repeal of Article VI. Any amendment,
modification or repeal of this Article VI shall not deprive any person of rights hereunder arising
out of alleged or actual occurrences, acts or failures to act occurring prior to notice to such
person of such amendment, modification or repeal.
ARTICLE VH
MEMBERSHIP
Membership in the Corporation may be held by all persons who have the qualifications of
membership specified in the bylaws. Members of the Corporation shall be admitted or expelled
in the manner provided by the bylaws.
ARTICLE VIII
CORPORATE DISSOLUTION, DISTRIBUTION OF ASSETS
If the Corporation shall be dissolved, all assets of the Corporation, after payment of
liabilities, shall be distributed to one or more public agencies, organizations, corporations, trusts
or foundations organized and operated exclusively for charitable, religious, eleemosynary,
benevolent, scientific, educational, literary or similar purposes, no part of whose assets, income
or earnings may be used for dividends or otherwise withdrawn or distributed to or inure to the
benefit of any private shareholder or individual and the activities of which do not include
4
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participation or intervention 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 501(c)(3) of the Internal Revenue Code of 1986 (or any future
corresponding provision).
ARTICLE 1X
AMENDMENT OF BYLAWS
The power to alter, amend or repeal the bylaws or adopt new bylaws shall be vested in
the board of directors, subject to ratification by the members, all in accordance with the
Corporation's bylaws.
The undersigned certifies under the penalties of Section 4.1413-12, Hawaii Revised
Statutes, that the undersigned has read the above statements, that I/we are authorized to sign the
Articles of Incorporation, and that the.above•statements,are true and correct.
FJ
I14
ImanagcDB:4805726.1
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 Hawaii.
Section 1.3 Nomenclature. The masculine pronoun, as used hereinafter, shall
mean the masculine or feminine or any person, wherever applicable.
ARTICLE II
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 filing 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 start/end 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.
91
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 VI
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
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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 (2/3'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.
WriMorin, Secretary
Date
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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 (DCCA).
Vendor Name: FRIENDS OF AMY B.H. GREENWELL ETHNOBOTANICAL GARDEN
Issue Date: 08/06/2022
Status: Compliant
Hawaii Tax#:
New Hawaii Tax#: GE-0084813824-01
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
8821 Internal Revenue Service 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 A status determination has not yet been made
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
Friends of Amy B.H. Greenwell Ethnobotanical Garden I PO Box 1053 1 Captain Cook, HI 1 96704
Ka malama 'ana i ka mo'omeheu. I mea a ola ai mai keia mua aku.
Preserving culture. So that there is life to come.
16 July 2022
Regarding Signatory Authority for PONC and/or Open Spaces Stewardship Awards from Hawai'i County:
To Whom It May Concern:
At the 16 July 2022 Friends of Amy B. H. Greenwell Ethnobotanical Garden (Friends) Board of Directors
Meeting, for which there was a quorum, a MOTION was made, seconded, and passed unanimously to allow
any member of the four members of the Executive Committee of the Friends to sign contracts from the
Hawai'i County Department of Finance that may be offered to the Friends based on the PONC Stewardship
Applications that have been submitted by the Friends. The four members of the Friends Executive
Committee are: Alan Ralph, President; Noa Lincoln, Vice -President; Pat Todd, Treasurer, and Marie Morin,
Secretary. The Minutes of the meeting show this MOTION.
'014A ' - Mo_t�
Marie Morin, Ph.D.
Secretary
Friends of Amy B. H. Greenwell Ethnobotanical Garden
www.amygreenweli.garden
County of Hawaii
Department of Finance orrrcrf�r USE ONLY:
STU. 23 10
Property Management Division
25 Aupuni Street, Suite 1101 Rcv'd: Aug. 31, 2022
, Hilo, III 96720
Telephone: (808) 961.-8069
Approved:
DEADLINE TO FILEIS AUGUST 31, 2022, BY 4:30 PM
STEWARDSHIP GRANT APPLICATION
Public Access, Open Space, and Natural Resources Preservation Maintenance Fund
• Applications may be returned if instructions are not followed.
• Do not substitute other formats or alter the application form.
• Fit responses in the fields provided and use additional pages only when necessary.
• Attachments can include maps and labeled photos illustrating your project plans, in
addition to required documents.
A. NAME AND ADDRESS OF ORGANIZATION:
NA MAMO O KAWA
PO BOX 412
NAALEHU, HI 96772
PUEO KAI MCGUIRE - (808) 896-2821 - KAI@BIGISLANDLAWYER.COM
Are you available to attend an in -person interview on Sept. 12, 2022 between 10:00 am
to 3:00 pm? Yes F.,/] No 7 at WHCC Bldg. G Kailua Kona HI
If yes, a ZOOM link will be sent to your email address with instructions.
If no, please assign someone from your organization to attend with knowledge of the
proposed projects, and budget costs and provide email address above.
C. PROJECT PERIOD: July 1., 2023 to June 30, 2024
D. PROJECT NAME (See .Instruction Sheet):
KAWA STEWARDSHIP PROJECT
E. PROJECT LOCATION [TMK(s)] (See Instruction Sheet):
KAWA, HILEA NUI, AND KA'ALAIKI, KA'U [3-9-5-16:006 & 025; 3-9-5-17:005 & 007
F. PROJECT COST (See Instruction Sheet):
Amount requested: $ 123,788.00
Applicant share: $ 138,002.00
Other resources: $0.00
Total Project Cost: $ 261,790.00
G. REQUIRED DOCUMENTS:
W1 Non-profit (501(c)(3), IRS letter of determination
F-4 Copy of organization bylaws and mission statement
Fv/1 DCCA Certificate of Vendor Compliance
Fv/� Letter of Authorized Signer for Organization
H. CERTIFICATION:
The applicant shall secure all necessaiy approvals and permits from the other
affected federal, state, and county agencies as necessary to comply with all
applicable laws and regulations. This may require appropriate permits from the
Department of Land and Natural Resources (DLNR) rf parcels maybe within the
State Land Use Conservation District. 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: PUEO KAI MCGUIRE
Signed: Date: 08/31/2022
Title: OFFICER/CO-FOUNDER
stewardship Grant Application, Page 2 of 7
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F. PERMITS/APPROVALS REQUIRED (See .Instruction Sheet. Note that it is the
applicant's responsibilio) to apply for any required permits and to comply with all
permit requirements):
L. Environmental Assessments (EAs):
If yes, explain why? If not needed, explain why?
N/A - NO PROJECT ACTIVITIES TRIGGER HAWAII ENVIRONMENTAL POLICY
ACT REQUIREMENTS
2. Special Management Area (SMA) Assessments or Permits:
If yes, explain why? If not needed, explain why?
N/A - NO PROJECT ACTIVITIES TRIGGER SMA ASSESSMENT OR PERMIT
REQUIREMENTS
3. Other:
Identify other permits/approvals required.
N/A
G. MANAGEMENT/PRESERVATION PLANS REVIEWED (Provide list of
Archaeological, Burial Treatment, Natural Resource Management, Environmental
Assessment, Cultural Impact Assessment, and other such plans for the property.
Check if there are plans on file with the PONC program. If the property has a
management plan, explain how the project helps to meet the goals of that plan.
Explain how these plans will be utilized in your prqject. Use additional pages if
needed.),-
- KAWA NAMAGEMENT PLAN - TOWNSCAPE, LLC
- ARCHAEOLOGIAL RECONNAISSANCE SURVEY OF THE COUNTY OF
HAWAII KAWA PROPERTY - RECHMAN CONSULTING, LLC
- FLORA AND FAUNA SURVEY LANDS OF KAWA KAU, ISLAND OF HAWAII,
GEOMETRICIAN ASSOCIATES, LLC
- MAJESTIC KA'U - TALE OF NINE AHUPUAA - MARION KELLY
Stewardship Grant Application, Page 5 of 7
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I. Brief history of the applicant organization. Include the date of
incorporation as a non-profit organization:
A GROUP OF NATIVE HAWAIIANS BORN AND RAISED IN KAU FORMED NA
MAMO O KAWA (NMOK) IN NOVEMBER 2012, NMOK FILED ARTICLES OF
INCORPORATION WITH DCCA DECEMBER 2013 AND WAS GRANTED
FEDERAL TAX-EXEMPT STATUS IN NOVEMBER 2014.
2. Main source(s) of financial support:
PONC MAINTENANCE FUND;
3. Please list at least three (3) prior projects successfullycompleted (Include
location and sponsoring agency):
(1) KAWA DRY FOREST AND COASTAL REVEGETATION PROJECT (HAWAII
COUNTY - PARKS & REC)
(2) KAWA RECREATION AREA AND ACCESS MANAGEMENT PROJECT
(HAWAII COUNTY - PARKS & REC)
(3) KAWA SPRING MAINTANCENCE AND HURRICANE REPAIR PROJECT
(HAWAII COUNTY - PARKS & REC; HWF)
J. Please initial below that the applicant understands the following documents
shall be required if awarded stewardship grant funds:
Initial
Documents
Certificate of insurance shall be required with County of Hawaii named as additional
insured. Provide proof, if requested,
Organization shall provide the semi and annual report(s) which shall include
?Vn �
accomplishments, financial statements explaining expenditures, projects in process,
community involvement, and status of overall projects.
__.
Organization shall immediately contact the Department of Finance, Property
Management Division upon dissolution of the organization or changes in the
organization that may affect the Stewardship Grant Agreements. __
Organization may be required to provide other documents as requested by the County
offlawai`i Department of Finance,
Mahalo!
Should you have any questions, please contact: Maxine Cutler at Phone: (808) 961-8069
or Email: Maxine.Cutler@hawaiicounty.gov
Stewardship Grant Application, Page 7 of 7
IL
I=TtML REVYMUS SsRWcE
P. J. BOX 2508
CILITC=ATI, OH 45201.
NA MAM 0 KAWA
PO MX 41.2
NAALEHU, H1 96772-0000
6
Dear -Applicant:
DEPARTMMT OF THE TREAStIRY
Employer Identification Number:
4;6,-5114219
PLN -
26053707001114
Contact Person:
CU-5TOMUR SERVICE XD# 11954
C=tact Telephone Number-
(877) 829-5500
Accounting Period Eroding-
beta 31
Public charity Status;
170 (b) (1) (A) (vi)
rVorat 990/990-B2/990-N Required:
Yes
Effective Date of Exemption:
December 11, 2,013
Contribution Deductibilityi
Yes
addendum Appliesi
NO
We I re gleamed. to tell you we determined you I re exempt from :federal income tax
=dur Internal Revenue Code (I)RC) Section 501(c)(3), Donors can deduct
contributions they make to you. under IRC Section 170. You're also qualified to
receive tax deductible bequests, devises, transfers or gifts under Section
2055, 2106, or 2522. This letter could help resplve questions on your exempt
status. Please keep it for your records.
organizations exempt under IRC Section 501(C)(3) are further classified as
either public oharitieo or private foundations, Tice 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
our records show you're requited to file an annual
information return (Form 990 or Form 990-nz) or electronic notice (Form 990-N,
the e-Postcard) , If you do -Alt file a required return or notice for three,
consecutive years, your exempt status will be automatically revoked.
If we indicated at the top of thin letter that an addendum applies, the
enclosed add-e-adum is an integral partofthis letter.
For important information about your responsibilities as a tax. -exempt
Organization, go to www.i.xs,gov/charities. Enter 114221-PCu in the search bar
to'view Publication. 4221-PC, Compliance Guide for 501(c) (3) Public Charities,
which describes your recordR.eeping, reporting, and disclosure requirements.
Letter S439
.NA- rWO 0 KAWA
0'
UP
-2-
SincereLy,
Director, Exempt Orgaal2ations
I
Lettex 5436 ,
Bylaws
Na Mamo 0 KAwd
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 Founder's Vision is "to rehabilitate, curate, and steward the natural and
cultural resources of Kaw5 to honor the past, benefit the present, and preserve for the
future generations of Ka'fi, the Island of Hawaii and all humankind,"
SECTION 2. All organizational actions and programs shall be in congruence with the Founder's
vision,
ARTICLE IV- BOARD OF DIRECTORS
SECTION I. 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 term may or may not be
extended.
SECTION 3. Vacancies shall be filled by the Board.
ARTICLE V- OFFICERS AND BOARD MEMBER MITIES
SECTION 1. The officers of the board shall consist of a Chairman and at -large Board
Members.
SECTION 2. Elected officers will serve a term of one year. Term maybe extended as long as
duties have been fulfilled 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 2. 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 minutes 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 3. 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 Vf- COMMITTEES
SECTION 1. The Board may appoint committees as needed.
SECTION 2. Committees shall be designated a purpose statement upon creation
SECTION 3, Committees shall consist of one or more board members, who shall make
committee reports to the boardto report activities,
ARTICLE Vll- 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 I through December 31.
ARTICLE VlII- 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 members who cannot attend meetings in person shall be allowed to
attend virtually or through teleconferencing,
SECTION 3. 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. Anytime a member misses
,a board meeting he will contact each individual board member to discuss 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 financial, personal, or official interest in, or
conflict with any matter pending before the Board will offer to the Board to voluntarily
"recuse him/herself and will varate 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 of the Corporation, and such authority
may be general or confined to specific instances.
SECTION 2. All checks, letters of credit, draft, 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 bythe Board of Director.,;. In the absence of such
determination by the Board of Directors, the instruments shall be signed by the Chairman.
ARTICLE XII- AMENDMENTS
SECTION 1. Tbese.9ylaws may be amended or repealed by vote of a majority of the Board
of Directors present at a meeting called for that purpose. All 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
falls to perform their. duties and/or fails to comply with meeting attendance policy. Board
members subject to dismissal shad be voted on by the board with the subject board
members required to abstain.
Chairman of the Board- Pueo K, McGuire
Signaturip:1-
Date�� 1:::� S <> 14
-J
RESOLUTION GRANTING SIGGNING AND. AUTHORITY TO CONDUCT BUSINESS
WHEREAS, Na Mamo O Kawa desires to grant signing and authority to certain person(s)
described hereunder.
www.BV SI N ESSR EG I STRAT IONS.CO M
Nonrefundable Filing Fee $25.00
FILED 12/11/2013 07:54 PM
Business Registration Division
DEPT. OF COMMERCE AND
CONSUMER AFFAIRS i'
State of Hawaii 1
1-5,
STATE OF HAWAII
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Business Registration Division
335 Merchant Street
Mailing Address: P.O. Box 40, Honolulu, Hawaii 96810
Phone No.(808) 586-2727
PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK
ARTICLES OF INCORPORATION
(Section 414D•32, Hawaii Revised Statutes)
The undersigned, desiring to form a nonprofit corporation under the laws of the State of Hawaii, certify as follows:
The name of the corporation shall be
NA MAMO O KAWA
The mailing address of the corporation's initial principal office is
PO BOX 412, NAALEHU, HI 96772 USA
Internet FORM DNP-1
1211201356433 712010
—� ul
N
j The corporation shall have and continuously maintain in the State of Hawaii a registered agent who shall have a business address In this State. The agent
IN) may be an individual who resides In this State, a domestic entity or a foreign entity authorized to transact business in this State.
O
W 0a. The name (and state or country of incorporation, formation or organization, if applicable) of the corporation's registered agent in the State of
C7 Hawaii is:
C�a PUEO K. MCGUIRE
W
(Name of Registered Agent) (State or Country)
b, The street address of the place of business of the person In State of Hawaii to which service of process and other notice and documents being
served on or sent to the entity represented by It may be delivered to is:
94-1437 KA'ALU'ALU-WAIOHINU RD,, NAALEHU, HI 96772 USA
www BUSINESSREGISTRATIONS.COM
The name and address of each Incorporator is:
Name
PUEO K. MCGUIRE
Please check one:
02
Wl
The corporation has members,
The corporation has no members.
Internet FORM DNP-1
1211201356433 712010
IV
Address
PO BOX 412, NAALEHU, HI 96772 USA
V
VI
The corporation is nonprofit in nature and shall not authorize or Issue shares of stock. No dividends shall be paid and no part of the income or profit of
the corporation shall 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 certifies under the penalties of Section 414D-12, Hawaii Revised Statutes, that the undersigned has read the above statements, that
l/we are authorized to sign this Articles of Incorporation, and that the above statements are true and correct.
11 DECEMBER 2013
Signed this
day of
PUEO K. MCGUIRE
(Type/Print Name of Incorporator)
PUEO K. MCGUIRE
(Signature of Incorporator)
(Type/Print Name of Incorporator)
(Signature of Incorporator)
FILED 07/30/2018 09:48 AM
Business Registration Division
DEPT. OF COMMERCE AND
CONSUMER AFFAIRStUA"'-'
State of Hawaii
VEF
STATE OF HAWAII
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Business Registration Division
335 Merchant Street
Mailing Address: P.O. Box 40, Honolulu, Hawaii 96810
Phone No.(808) 566-2727
ADDRESS CHANGE FORM
Re: NA MAMO 0 KAVVA
(Name of Entity)
The above named entity has changed its address,
Please check.
121 mailing 0 principal
From: From:
PO BOX 412
NAALEHU, HI 96772 USA
To: To:
PO BOX 45
PAHALA, HI 96777 USA
Internet FORM ADD
0730201848462 612017
I certify under tho penalties of the Hawaii Revised Statutes that I am authorizzed to make this change (ortho entity and the statements herein aro true and
correct in all material respects,
Signed this 30 day of JULY 2018
Sincerely,
PUEO K MCGUIRE
(Signature)
PUEO K. MCGUIRE, DIRECTOR
(Print Name & Title)
FILE #: 241236D2
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 (I)CCA).
Vendor Narne: NAMAMOOKAWA
Issue Date; 08/31/2022
Status: Compliant
Hawaii Tax#:
03432073-01
New Hawaii Tax#:
F,EIN/SSN#:
XX-XXX4219
UI#:
No record
DCCA FILE#:
241236
Status of Compliance for this Vendor on issue date:
Form
Department(s)
Status
A-6
......
Hawaii Department of Taxation
Compliant
8821
... .... ......
Internal Revenue Service
Compliant
COGS
.. .. .. ........
Hawaii Department of Commerce & Consumer Affairs
Exempt
IAR27
Hawaii Department of Labor & Industrial Relations
Compliant
Status Legend:
IStatus 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 A status determination has not yet been made
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
.. . . ......
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NA IMAMO 0 KAWA SIGNATURE AUTHORIZATION LETTER
8/31/2022
HAVVA|COUNTY —DEPARK4ENTOFFINANCE
PROPERTY MANAGEMENT DIVISION —PON[
2SAUPUN|STREET, SUITE 101
RE: SIGNATURE AUTHORIZATION
Dear Director Sako,
The following individual is authorized to sign for all matters relating to Na Mamo 0 Kawa businessas
deemed necessary for compliance with Federal, State and/or local regulations applicable to your agency
policies: PueoKai McGuire
COMPANY RS/MR6/5U OFFICERS
Name: Margaret McGuire Title: Director
Name: Clarissa Pua
Title: Director
Name: Koa Morris I kitA& AAAvyk Title: Director
P,O. Box 412
Naalehu, HI 96772
namamool<awa@gmall.com
Mission Statement
"To rehabilitate, curate, and steward K5w5 in order to honor the past,
provide for the present, and preserve for the future"
Meaning of N5 Marro 0 Mw5
"The Descendants of UwW`
County of Hawaii
Department of Finance
Property Management Division
25 Aupuni Street, Suite 1101.
Hilo, HI 96720
Telephone: (808) 961-8069
OFFICIAL USE ONLY:
STU. 23--06
ReVd: Aug. 30,2022
Approved:
DEADLINE TO FILE IS AUGUST 31, 20229 BY 4:30 PM
STEWARDSHIP GRANT APPLICATION
Public Access, Open Space, and Natural Resources Preservation Maintenance Fund
• Applications may be returned if instructions are not followed.
• Do not substitute other formats or alter the application form.
• Fit responses in the fields provided and use additional pages only when necessary.
• Attachments can include maps and labeled photos illustrating your project plans, in
addition to required documents.
A. NAME AND ADDRESS OF ORGANIZATION:
Na Maka Haloa 0 Waipio
P.O. Box 10664 Hilo Hawaii, 96721
B. PERSON TO CONTACT:
Annamarie Kon
(808)937-0823, namakahaloaowaipio@mail.com
Are you available to attend a ZOOM interview on Sept. 12, 2022 between 10:00am
to 3:00 pm? Yes FV--] No
If yes, a ZOOM link will be sent to your email address with instructions.
If no, please assign someone from your organization to attend with knowledge of the
proposed projects, and budget costs and provide email address above.
C. PROJECT PERIOD: July 1, 2023 to June 30,2024
D. PROJECT NAME (See -Instruction Sheet):
Kupa'a 0 Pohoiki
E. PROJECT LOCATION [TMK(s)] (See Instruction Sheet):
Pohoiki TMK: 1-3-008-097
F. PROJECT COST (See Instruction Sheet):
Amount requested: 147,200
Applicant share: 54,000
Other resources: 12,000
Total Project Cost: 213,200
G. REQUIRED DOCUMENTS:
✓/ Non-profit (501(c)(3), IRS letter of determination
F -1 Copy of organization bylaws and mission statement
✓I DCCA Certificate of Vendor Compliance
WILetter of Authorized Signer for Organization
H. CERTIFICATION:
The applicant shall secure all necessary approvals and permits from the other
affected federal, state, and county agencies as necessary to comply with all
applicable laws and regulations. This may require appropriate permits from the
Department of Land and Natural Resources (DLNR) if parcels maybe within the
State Land Use Conservation District. The applicant certifies that the information
contained in this application is true and correct to the best of his/her knowledge.
Name of Aupb�ized Official:
S i g n e d: Date:
Title:
Stewardship Grant Application, Page 2 of 7
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F. PERMITS/APPROVALS REQUIRED (See Instruction Sheet. Note that it is the
applicant's responsibility to apply for any required permits and to comply with all
permit requirements):
1. Environmental Assessments (EAs):
If yes, explain why? If not needed, explain why?
Yes, a consultation and assessment to provide the working team guidance in
restoration projects, service learning activities, and create working educational
programs and projects.
2. Special Management Area (SMA) Assessments or Permits:
If yes, explain why? If not needed, explain why?
Yes, An assessment is needed for any or all SMA permitting as we progress in work
and projects within PONC parcel.
3. Other:
Identify other permits/approvals required.
County Council approval to design a Management Plan
G. MANAGEMENT/PRESERVATION PLANS REVIEWED (Provide list of
Archaeological, Burial Treatment, Natural Resource Management, Environmental
Assessment, Cultural Impact Assessment, and other such plans for the property.
Check if there are plans on file with the PONC program. If the property has a
management plan, explain how the project helps to meet the goals of that plan.
Explain how these plans will be utilized in your project. Use additional pages if'
needed.):
There are no management plans for this parcel. Currently we are working with family
lineal descendants, fishing and farming families of Pohoiki, and information provided
by Na Maka Haloa 0 Waipi'o research team. Special Management Area permit to
conduct low impact clearing with hand tools were approved. Na Maka Haloa 0
Waipi'o has a history working on restoration projects. Within this proposed funding
2023-2024, we seek to acquire financial support to collaborate with Green Aina
Consulting LLC and other firms to perform a survey, assessment, and environmental
studies to propose a management plan that is in alignment with PONC initiatives
and purposes.
Stewardship Grant Application, Page 5 of 7
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1. Brief history of the applicant organization. Include the date of
incorporation as a non-profit organization:
Na Maka Haloa 0 Waipi'o, Non-profit 501 (c)3 was incorporated June 27, 2001. Its
mission is to provide education, through a Hawaiian Cultural approach in
Restoration and Preservation of Hawaii's natural resources. This organization has a
history of Aina and place based projects and programs of traditional Hawaiian
fishing, farming, cultural practices, and hula.
2. Main source(s) of financial support:
Main sources of financial support are PONC Stewardship Grant, Puna Strong
Grant(Pending), Philanthropy Funding, and Public Donations,
3. Please list at least three (3) prior projects successfullycompleted (include
location and sponsoring agency):
1. Kukulu Kumuhana 0 Puna- 2 week, Summer Youth live-in Program based at
Mokuhulu, Puna, Sponsored by County of Hawaii Puna Strong grant and Na Maka
Haloa. 2. UHHilo Pipes Internship Program, at Pohoiki and Keahialaka, Puna.
Sponsored by UHHilo Pipes Program and Na Maka Haloa. 3. Restoration Project,
Waipi'o Valley, Napo'opo'o, Hamakua, Sponsored by Federal funding, Edith
Kanaka'ole Foundation and Na Maka Haloa.
J. Please initial below that the applicant understands the following documents
shall be required if awarded stewardship grant funds:
Initial
Documents
Certificate of insurance shall be required with County of Hawaii named as additional
insured. Provide proof, if requested.
Organization shall provide the semi and annual report(s) which shall include
accomplishments, financial statements explaining expenditures, projects in process,
community involvement, and status of overall projects.
Organization shall immediately contact the Department of Finance, Property
Management Division upon dissolution of the organization or changes in the
organization that may affect the Stewardship Grant Agreements.
Organization may be required to provide other documents as requested by the County
of Hawaii Department of Finance.
Mahalo!
Should you have any questions, please contact: Maxine Cutler at Phone: (808) 961-8069
or Email: Maxine. Cutler@hawaiicounty.gov
Stewardship Grant Application, Page 7 of 7
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By -Laws of Na MakaHaloa
Article I: Name, Purpose and Seal
1.10 Name
The name of the corporation is Na Maka Haloa.
1.20 Purpose
The purpose of the corporation is (a) the preservation and restoration of indigenous Hawaiian culture,
farming traditions, fishing practices, and hula; and (b) transacting all lawful activities permitted nonprofit
corporations pursuant to Hawai'i Revised Statutes Chapter 415B.
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.
1.40 Corporate Seal
The Corporation shall have no seal.
Article 11: Board of Directors
2.10 Board of Directors
The property and affairs of the corporation shall be managed by a 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 Hawaii.
2.20 Meetings
The Board of Directors shall have an annual meeting in the County of Hawaii, 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 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 Hawaii.
Article II: Officers
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 the same to the Board of Directors at
least annually. The signature of both the Treasurer and also the signature of any other officer must jointly
appear on all checks issued on any account of the corporation. Any payment or allocation of corporate
funds or resources must be approved by the Board 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.
Article IV. Members and Committees
4.10 Members
The corporation shall have no members.
4.20 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 governance 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
emance forth in resolutions of the Board of Directors.
Article V Indemnification
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 Hawaii.
5.20 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.
Article VI: Miscellaneous Matters
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.
6.30 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 Hawaii, as limited by the Articles of Incorporation. Certification I hereby
certify that the foregoing by-laws of Na Maka Haloa were adopted by the initial Directors at their
organizational meeting held on the 8th day of February 1999, and were ratified by the first regular Board
of Directors at their meeting held on the 204 day of February 2001.
NA MA KA H A L OA Ana Kon, Executive Director
Makanaohaililani Ripley, Assistant Director
REBUILD o RESTORE o RECONNECT Pilialoha Johnson, Director of Finance
1W.
Authorization for Signature
I, Pilialoha Johnson, Director of Finance of Na Maka Haloa o Waipi`o, a 501(c)3 non-profit Corporation,
hereafter referred to as "Organization", do hereby certify that the following is a full, true and correct copy of the
letter of authorization for signature duly passed by the Executive Team of the Organization as its meeting duly
called and held in Waikiki on the 18 of July, 2022, at which a quorum was present and acting throughout, and
that said letter has not been modified, amended or rescinded and continues in force and effect:
"The Executive Director of Na Maka Haloa is hereby authorized to do and perform any and all such acts
including execution of any and all documents and certificates as they shall deem necessary to enter into an
agreement with government or private agencies and furthermore, only the Executive Director will be required to
sign such documents."
The name and contact information for the current Executive Director of the Organization is:
Annamarie Kon
namakahaloa@gmail.com
(808) 937 - 0823
PO BOX 10664
Hilo, HI 96721