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HomeMy WebLinkAboutCOM 0115.000 2008-2010William P. Kenai Mayor February 9, 2009 County of Hawaii Hilo: 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720 (808) 961-8211 • Fax (808) 961-6553 Kona: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, HI 96740 (808) 329-5226 • Fm(808)326-5663 The Honorable J. Yoshimoto, Chairperson, and Members of the Hawaii County Council 333 Kilauea Avenue Hilo, Hawaii 96720 Re: 2008 Annual Report to the Mayor Public Access, Open Space and Natural Resources Preservation Commission Dear Chairperson Yoshimoto and Council Members: William T. Takaba Managing Director Walter K.M. Lau Deputy Managing Director Pursuant to Section 2-217 of the Hawaii County Code, the 2008 Annual Report from the Public Access, Open Space and Natural Resources Preservation Commission was previously transmitted to the County Council as required by December 31, 2008. Pursuant to Section 2-218 of the Hawaii County Code, I am transmitting herewith my comments and recommendations on the Commission's 2008 report and updated priority list. As discussed on page 2 of their report, the Commission decided to refocus their consideration of properties for their recommended 2008 Prioritized List to those properties that have already been authorized for acquisition by the County Council and any new submissions during 2008. I appreciate the Commission's decision, as it also greatly assists the County in refocusing its acquisition efforts and resources. a 0 Summary of Authorized Land Acquisitions -n r By way of prior resolutions, the County Council has authorized the Finan`, ire. r toe=.. enter into negotiations to acquire a number of parcels since the establishment of the Co mission. A list of the prior resolutions approved by the County Council is summarized below. uI'; CO Reso. No. Property Description -., 404-06 Puapua`a, North KonaCn 451-06 Kawa and Kawa`a Bay, Ka`u (4 parcels) 427-06 Waipi`o Lookout Point, Hamakua 169-07 Punalu`u Beach Park/Adjacent Lands, Ka`u 286-07 Wai`ele, Puna 287-07 Honolulu Landing, Puna 288-07 Cape Kumukahi, Puna Comm. Roi Ref. To: Ref. L7ate JAN 6 2M Honorable J Yoshimoto, Chair, and Members of the Hawaii County Council Page 2 February 9, 2009 616-08 Pa`o`o, North Kohala 644-08 Kaiholena, North Kohala As you are aware, the County has successfully completed two acquisitions listed above with funds from the Public Access, Open Space and Natural Resources Preservation Fund. • The first purchase was completed in October 2007 and involved a parcel containing approximately 1.8 acres at the gateway into Waipi`o Valley also referred to as the "Rice Property" at a purchase price of $900,000.00. • The second purchase was completed in January 2008 and involved one of four parcels authorized by the County Council containing 234 acres at Kawa, Ka`n,. Hawaii for a purchase price of $1,920,000.00. The County was able to supplement the sale with a $1,215,750.00 grant from the State of Hawaii, Legacy Land Program. The Department of Finance has been working on the acquisition of the remaining 3 parcels of land identified by Resolution No. 451-06 at Kawa, Ka`u, Hawaii. To supplement the County's purchase, the County was able to obtain commitments from the State of Hawaii, Legacy Land Program for another $1,500,000.00 grant and the US Fish and Wildlife's Recovery Land Acquisition Grant Program for another $1,000,000.00. Although there was an accepted offer, the deadline for the offer has since expired. An independent appraisal done to meet federal guidelines has resulted in a value lower than that of the previous offer and the hope is that further negotiations will be able to result in a new agreement. The County will have probably until the end of the year to finalize a sale without losing the State and Federal Grants. Status of Funds — Public Access, Open Space and Natural Resources Preservation Fund For the benefit of the County Council, I have attached a summary of the Public Access, Open Space and Natural Resources Preservation Fund and all monies deposited and disbursed since its establishment. Management and Stewardship Concerns The funding of management and stewardship efforts in connection with acquired properties remain a significant concern. In its current form, the County Code does not allow any funds from the Public Access, Open Space and Natural Resources Preservation Fund to be used for management or stewardship costs. I feel that the Council should consider a change in the County Code allowing at least a percentage of the fund or purchase price of a property for management or stewardship costs. Continued acquisition of properties worthy of preservation without a funding for management and stewardship is irresponsible and will eventually lead to a degradation of the resources that the program was intended to preserve. Honorable J Yoshimoto, Chair, and Members of the Hawaii County Council Page 3 February 9, 2009 To illustrate the need to address management and stewardship funding, I would like to provide a summary of what has been done in connection with the two properties that have already been acquired. The County's first acquisition at the gateway to Waipi`o Valley contains an old residential structure and a number of large trees. Since its acquisition, Councilmember Dominic Yagong has taken the lead in the formation of a community group tasked with the development of recommendations on the future use of the property. Although the community group has not completed their discussions, they did develop two immediate recommendations on the trimming of a large tree near the road that posed a danger to the public and the demolition of the old residential structure due to its deteriorated condition. Although the Department of Finance was able to address the trimming of the tree, it is uncertain as to whether there will be available funds for the demolition of the old residential structure. The County's second acquisition was a 234 acre shoreline parcel adjacent to Kawa`a Bay, Kawa, Ka`u, Hawaii. Prior to this purchase, the County acquired management jurisdiction of approximately 219 acres in the area of the County's existing Whittington Beach Park at Honu`apo, Ka`u, Hawaii. In the interest of meeting our stewardship responsibilities to manage, preserve and protect the resources along this pristine coastline, the Department of Finance was able to use existing funds to initiate the development of a Management Plan for the area between Honu`apo and Kawa. The project area is anchored on one end by the County's acquired Kawa parcel and the other end by its Honu`apo/Whittington Beach Park. The County has been fortunate that a very dedicated community group has been actively pursuing management efforts in the Honu`apo area through the use of volunteers but still struggle with a lack of resources for major stewardship endeavors. The cost of the contract for the development of this Management Plan is $300,000.00 and mandates significant community participation in the process. The consultant is in the initial stages of collecting available natural and cultural resource data and should begin community meetings shortly. The hope is that the community participation will result in another core group of community members that would be willing to pursue stewardship efforts at Kawa. The availability of a Management Plan will assist both the Honu`apo and Kawa groups with vital information for their stewardship. The foregoing are good examples of the type of initial management and stewardship costs that could be funded out of the Public Access, Open Space and Natural Resources Preservation Fund. At the very least, these types of vital front end costs should be allowed from the fund. These are very different from other types of day to day operational costs that the County will still have to consider as it acquires additional properties. Honorable J Yoshimoto, Chair, and Members of the Hawaii County Council Page 4 February 9, 2009 Recommendations Finally, as my formal recommendation in connection with what has been submitted by the Public Access, Open Space and Natural Resources Preservation Commission, I would recommend that the County Council endorse the list as presented by the Commission. The 2008 prioritized list is as follows: Priority Number PropertX 1 Kawa 2 Pa`o`o 3 Honolulu Landing 4 Wai`ele 5 Puapua`a Since properties on the list have already been authorized by resolution from the County Council, I would further recommend that the County Council endorse the prioritization as presented on this 2008 report as superseding the prioritization set by Resolution No. 544-06 passed in 2006. Conclusion This is the fourth annual report from the Public Access, Open Space and Natural Resources Preservation Commission. The commissioners have invested much time and effort into reviewing and considering the various parcels of land recommended by the public and developing their Priority List. I would like to thank the hard-working members of the Public Access, Open Space and Natural Resources Preservation Commission for their dedicated work. Please feel free to contact me if you have any questions. Aloha, William P. Kenoi MAYOR Attachments Attachment 1: Summary of the Public Access, Open Space and Natural Resources Preservation Fund Attachment 2: 2008 Annual Report Public Access, Open Space and Natural Resources Preservation Fund Accounting Report Date Description Deposit Expenditure Balance Jan -'06 Transfer from General Fund 1,000,000.00 1,000,000.00 Aug '06 Transfer from General Fund 1,000,000.00 2,000,000.00 Sep '06 Interest 23,671.22 2,023,671.22 Apr '07 Interest 54,334.19 2,078,005.41 Apr'07 Real Property Tax Transfer 1,462,051.38 3,540,056.79 Jun '07 Real Property Tax Transfer 57,271.51 3,597,328.30 Jul '07 Interest 34,835.80 3,632,164.10 Oct'07 Waipio Purchase 902,255.43 2,729,908.67 Oct '07 Real Property Tax Transfer 156.23 2,730,064.90 Oct '07 Interest 45,503.99 2,775, 568.89 Nov'07 Waipio Escrow Refund 110.00 2,775,678.89 Dec'07 Real Property Tax Transfer 2,378,195.36 5,153,874.25 Jan'08 Kawaa Purchase 1,923,388.26 3,230,485.99 Jan '08 I nterest 41,260.42 3,271,746:41 Feb '08 Interest 15,884.30 3,287,630.71 Feb'08 Kawaa Escrow Refund 80.97 3,287,711.68 Jun '08 Real Property Tax Transfer 1,780,905.82 5,068,617.50 Aug '08 Interest 67,373.11 5,135,990.61 Sep'08 Contribution From State for Kawaa 1,214,750.00 6,350,740.61 Dec '08 Interest 42,867.51 6,393,608.12 Dec'08 Real Property Tax Transfer 2,494,896.33 8,888,504.45 Attactment 1 I 17 I 0 [I] I III 1� I Lel I I L� I dliam P. Kenoi Mayor William T. Takaba Managing Director Wally Lau Deputy Managing Director HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION c/o 25 Aupuni Street, Hilo, Hawaii 96720 Phone: 961-8069; Fax: 961-8248 December 31, 2008 Honorable William "Billy" Kenoi, Mayor County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 t, Dear Mayor Kenoi: The Public Access, Open Space and Natural Resources Preservation Commission (PONC) wants to say "thank you" to Mayor Harry Kim upon the completion of his second term, which included the creation of this Commission. Mayor Kim, the County Council with the Department of Finance accomplished the purchases of properties at Waipi`o and Kawa using the PONC funds., We look forward to continuing progress with you, Billy, and the County Council. Pursuant to Section 2-217(2) of the Hawaii County Code, we are submitting the updated prioritized list of properties. In addition to the prioritized list, this report includes Commission and community concerns for your consideration. This year, the Commission focused on Commission policies and practices, incorporating past experiences and lessons learned to refine our process to be more efficient and effective. An on-going concern is that the public, the Mayor and the County Council have realistic expectations of the Commission and the use of the PONC funds. We appreciate the County's successful application for State Legacy Land Program monies and look forward to the completion of the independent appraisal now under review for the second Kawa purchase. If there are any questions or clarification needed, please contact Harry Yada, Property Manager at 961-8009, or Amy Self, Deputy Corporation Counsel at 961-8251. Sincerely, 44W�l vlm�_ HANNAH SPRINGER Chair Hawaii County is an Equal Opportunity Provider and Employer Commissioners: Terri Markovich; Larry Komala, Sarah Moon; Bill Gilmartin; Kim Garcia; Hannah Springer, E. Kahmi Flores I Public Access, Open Space and Natural Resources Preservation Commission 2008 Annual Report to the Mayor December 31, 2008 aIntroduction Pursuant to Section 2-217 of the Hawaii County Code, 1983, 2005 Edition (see a Appendix 1), the Hawaii County Public Access, Open Space, and Natural Resources Preservation Commission is submitting this 2008 Annual Report and Prioritized Properties to the Mayor (see Appendix 2). The Commission's goal is to develop a comprehensive form and criteria to receive and prioritize suggestions from the community for lands worthy of preservation. All submittals from the inception of the Commission have been put into the comprehensive list (see Appendix 3). This list attests to the informed cooperation of the community groups and individual citizens interested in the health of our island. The 2008 Prioritized List was developed by review and evaluation of the Comprehensive List. Pursuant to Section 2-218(a) of the Hawaii County Code, the County Council in 2008 passed Resolution Nos. 616-08 and 644-08 authorizing the acquisitions of the properties at Pa`o`o and Kaiholena that were on the 2007 Prioritized List. Based on the Mayor's recommendation and County Council Resolution No. 451-06, the County is in the process of negotiating the purchase of three additional parcels at Kawa (See Appendix 4). D The Commission's responsibility is advisory to the Mayor for developing and submitting a prioritized list of lands to be considered for acquisition. Community groups have started to collect information and develop action alliances among themselves along with a successful I 11 I CI ISI I collaboration among two community groups and the County to establish a Ranger Program for Waipi`o with acquired grant monies. In 2008 the Commission also finalized its Rules of Practice and Procedure (see Appendix 5). Commission Members Hannah Springer, Chair, District 8, Term expires: December 31, 2010 *Paul Campbell, Vice -Chair, District 5, (Resigned: August 19, 2008) Terri Markovich, Commissioner, District 1, Term expires: December 31, 2012 Larry Komata, Commissioner, District 2, Term expires: December 31, 2009 *Laura Schuster, Commissioner, District 2, (Resigned: February 11, 2008) Sarah Moon, Commissioner, District 4, Term expires: December 31, 2012 Bill Gilmartin, Commissioner, District 6, Term expires: December 31, 2011 Kim Garcia, Commissioner, District 7, Term expires: December 31, 2009 E. Kalani Flores, Commissioner, District 9, Term expires: December 31, 2010 Mahalo to outgoing Commissioners, Laura Schuster and Paul Campbell. 0 _1_ I UPrioritized List a In developing the 2008 Prioritized List for this Annual Report, the Commission re- examined those properties that were on previous Prioritized Lists including those properties that were subject to County Council resolutions. See Appendix 2 for detailed descriptions and maps D of the prioritized properties. The Commission focused primarily on those properties that were subject to County Council resolutions and the new suggestion forms received in 2008. This was done in part due to the funds anticipated to be available in 2009 as well as a means to help a facilitate the prioritization of future acquisitions through the County Finance Department as authorized by these resolutions. Comprehensive List of Properties Submitted by the Public The Comprehensive List is an alphabetized listing of properties submitted by the public (see Appendix 3). A review of all materials submitted by the public is being conducted to assure the completeness of the list to be included in next year's report. Commission Meetings For 2008, the Commission spent the year formalizing rules of practice and procedures, a exploring available funding sources, and re-examining properties that the County Council had passed resolutions upon for acquisition. I Ill I 111 I The meetings scheduled in 2008 were: January 14 The 2008 Prioritized List is as follows: Priority Hilo aNumber March 10 Property [cancelled; no quorum] 1 Kawa 2 Pa`o o [cancelled; no quorum] 3 Honolulu Landing 4 Wai`ele 5 Puapua`a a In developing the 2008 Prioritized List for this Annual Report, the Commission re- examined those properties that were on previous Prioritized Lists including those properties that were subject to County Council resolutions. See Appendix 2 for detailed descriptions and maps D of the prioritized properties. The Commission focused primarily on those properties that were subject to County Council resolutions and the new suggestion forms received in 2008. This was done in part due to the funds anticipated to be available in 2009 as well as a means to help a facilitate the prioritization of future acquisitions through the County Finance Department as authorized by these resolutions. Comprehensive List of Properties Submitted by the Public The Comprehensive List is an alphabetized listing of properties submitted by the public (see Appendix 3). A review of all materials submitted by the public is being conducted to assure the completeness of the list to be included in next year's report. Commission Meetings For 2008, the Commission spent the year formalizing rules of practice and procedures, a exploring available funding sources, and re-examining properties that the County Council had passed resolutions upon for acquisition. I Ill I 111 I The meetings scheduled in 2008 were: January 14 Kona February 11 Hilo March 10 Kona [cancelled; no quorum] April 14 Hilo May 12 Kona [cancelled; no quorum] June 17 Hilo July 14 Kona August 11 Hilo September 8 Kona September 22 Kona [Special meeting — cancelled; no quorum] -2- ►J !� October 13 Hilo November 10 Kona a November 24 Hilo [Special meeting] December 8 Hilo During these meetings the Commission continued to receive testimony from the public and engaged in discussion with invited guests: Jane Rubey, State Coordinator of the Hawaii Wetlands Joint Venture, and Deanna Sako, Controller for the County of Hawaii. Suggestion Form QAlthough the Commission chose not to actively solicit for new suggestion forms for 2008, these forms were still accepted if they were submitted by the public. As a result, the Suggestion Form [revised February 12, 2007] (see Appendix 5) remained available online for public use. There were a total of four suggestion forms that were received from the public between June 30, 2007 and June 30, 2008. r -I Assessment Criteria Form The 2007 Assessment Criteria Form [revised February 12, 2007] (see Appendix 6) was utilized to assess the suggestion forms received during 2008. (� Commission and Community Concerns U The following is a listing of concerns and problems identified by the Commission: D ➢ The priority adjustment ranking process should be refined, in consultation with the Office of Corporation Counsel, Department of Finance, and the Mayor, to guide the (integration) of newly suggested properties with lists submitted in previous years. ➢ An approved site visitation plan should be developed to enable the Commission to view �f and better evaluate properties in preparation of the Prioritized List. ➢ The Commission would like to encourage the Mayor and the Hawaii County Council to U request of the Commission and County Property Manager clarification or more LJ information, as may be needed, prior to any recommended purchase actions on the property listings. n ➢ Recommending properties for purchase is the stated goal of the Commission. However LJ1 the Commission and the public are concerned that active management, including maintenance and enforcement needs must be addressed. Funding sources need to be identified for management purposes. ➢ The Commission has received comments from the public that public access routes in some areas are obstructed by adjoining landowners to discourage public use. The County and State should resolve these problems when they are reported by the public. LJ a3 LSI ➢ The Commission recommends that the County should generate a comprehensive inventory of all "old government" roads and trails so these can be identified to the public and used by the public as may be deemed appropriate. ➢ The Commission and the County should familiarize themselves with the practicalities, benefits, and liabilities associated with various easements to accomplish the Commission's goals. Management Concerns There is concern regarding management of acquired properties., In most cases, the County has insufficient funds and/or personnel to take on management of said properties. The Corporation Counsel has advised this Commission that Section 2-218 of the County Code does not allow the 2% funds to be used for management. Although County Council members may transfer a portion of their annual discretionary funds to the appropriate County department to fund management plans for property acquisitions in their districts, the Commission recommends that a formal funding process be established to support management plans and long term property maintenance. These plans could be turned over to qualified groups for implementation. Groups and programs could include but are not limited to the following: a ➢ ➢ 501(c)(3) non-profit organizations; Park volunteer corps. — a group that would be developed to provide maintenance for specific properties, similar to a work -force program like Civilian Conservation Corps.; a ➢ Heritage stewards — for those parcels where resources are such that an on-site steward may be the best option; ➢ Hawai`i County Department of Parks and Recreation Parks Community Partnership Program; ➢ Hawai`i County Department of Parks and Recreation Friends of the Park Program. Next Steps ➢ Schedule 2009 regional public meetings. a ➢ Publicize meeting schedule and encourage contributors to submit completed suggestion forms. ➢ Develop site visit strategy (with Corporation Counsel) for high ranking proposed a properties. ➢ Continue to explore other funding sources for land/entitlement acquisitions. ➢ Continue to explore other funding sources for land maintenance and management. ➢ Continue to identify potential partnerships with other governmental agencies, non-profit organizations, and private entities for land/entitlement acquisitions. ➢ Deepen Commission understanding of easements for access and protection of natural and historic resources. ➢ Submit Annual Report and Prioritized List to the Mayor by December 31, 2009. O 4 I 0 Appendices (� 1. Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition) �J 2. 2008 Prioritized Properties — Lands and/or Property Entitlements for Acquisition 3. Comprehensive List of Properties Submitted by the Public 4. Summary of Kawa Purchase 5. Rules of Practice and Procedure of the Hawaii County Public Access, Open Space and Natural Resources Preservation Commission (� 6. 2007 Suggestion Form U 7. 2007 Assessment Criteria Form U I E I Lam' C I `I I X11 0 I U -5- APPENDIX 1 I § 2-210 HAWAII COUNTY CODE Section 2-210. Expenditures from the disaster and emergency fund. The moneys in the disaster and emergency fund shall be only utilized for the following purposes: (1) To repair county facilities and infrastructure damaged by a natural or man -caused disaster or emergency. (2) To clean up property, including roads and sewage systems, damaged by a natural or man -caused disaster or other emergencies when such action serves a public purpose. (3) To provide immediate response for services to deal with public health and safety risks due to a f natural or man -caused disaster or emergency in the form of personnel, equipment, materials, U supplies, and service contracts. (4) To match federal, state, and/or private grants-in-aid to develop or restore public property to a safe and useable condition. (5) To pay for operational expenses of the County after a disaster or emergency when the County is unable to realize revenue at sufficient levels due to the disaster or emergency. D (6) To pay for administrative expenses, which shall not exceed five percent of this fund. (2004, Ord. No. 04-4, sec. 2; Am. 2006, Ord. No. 06-98, sec. 2.) Section 2-211. Dissolution of the fund. f The disaster and emergency fund shall not be dissolved unless such dissolution is approved by a l� two-thirds vote of the County council. (2004, Ord. No. 04-4, sec. 2.) Section 2-212. Reimbursement from grants. If the County should receive reimbursement for money advanced by the disaster and emergency fund, the ^ grant money shall return to the disaster and emergency fund. Qul (2004, Ord. No. 04-4, sec. 2.) Section 2-213. Administration of the fund. The director of finance shall administer the disaster and emergency fund, which shall include investment of the fund. (2004, Ord. No. 04-4, sec. 2.) Article 42. Public Access, Open Space, and Natural Resources Preservation Fund Section 2-214. Public access, open space, and natural resources preservation fund. (a) A public access, open space, and natural resources preservation fund is hereby established. This special fund shall be administered and managed by the finance department. Monies deposited shall be invested in a conservative interest-bearing account that will allow monies to be available for property acquisition Dand prevent any erosion of the fund's principal amount. (b) The fund shall consist of monies from: (1) The proceeds from the sale of any general obligation bonds, authorized and issued for the purposes of this article; (2) Council appropriations for the purposes of this article; (3) Any source of revenue dedicated by the Hawaii County Charter or the Hawai' i County Code for the purposes of this article; n (4) Grants and private contributions intended for the purposes of this article; D SUPP.4 (7-2007) 2-64 0 D ADMINISTRATION § 2-214 (5) Two percent of Hawaii County real property tax revenues collected annually (including penalties and interest). Deposits will be made to the Fund on June 30, 2007 and then again on December 31, 2007, and on December 31 and June 30, in successive years, with deposits being calculated on all real property tax payments (including penalties and interest) received in the prior D six months. Additional deposits and adjustments may be made at the discretion of the Finance Director; and (6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as received. (c) In adopting each fiscal year's operating budget, the council shall appropriate a minimum of $250,000 to the public access, open space, and natural resources preservation fund. (1) Nothing in this section shall prevent the council from appropriating amounts in excess of the above minimum amounts to this fund. (d) The fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply. f� (2005, Ord. No. 05-85, sec. 2; Am. 2005, Ord. No. 05-166, sec. 1; Am. 2006, Ord. No. 06-151, sec. 1; Am. 2006, Ord. No. 06-169, sec. 1; Am. 2007, Ord. No. 07-21, sec. 1.) Section 2-215. Public access, open space, and natural resources preservation commission. (a) There is established a public access, open space, and natural resources preservation commission. There shall be nine members on this commission, appointed by the mayor and confirmed by the council. The members may be removed upon recommendation by the mayor and the approval of the council. One member shall reside in each County council district. The members shall serve staggered terms of five years. Upon initial appointment of the commission, one member shall be appointed to a tern of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term five years. Staff support shall be provided by the finance department. Oof (b) No member shall be eligible for a second appointment to the commission prior to the expiration of two years, provided that members initially appointed for a term of one year and two years shall be eligible to n succeed themselves for an additional term. U(c) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (d) Any vacancy occurring in the commission shall be filled for the unexpired term. (e) Not more than a bare majority of the members shall belong to the same political party. (f) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the (� performance of their duties. Necessary expenses may be paid in advance as per diem allowance pursuant U to article 16. (g) A chairperson shall be elected from its membership annually. (h) The affirmative vote of a majority of those members present shall be necessary to make any action valid. (i) The commission shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the commission is entitled. (j) No person shall, by reason of occupation alone, be barred from serving as a member of this commission. Q 0 2-65 SUPP.4 (7-2007) I U § 2-215 HAWAII COUNTY CODE (k) The council shall act to confirm or reject any appointment made to the commission by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. (1) The redrawing of the council district boundaries during a member's term shall not affect a member's eligibility to represent the district to which the member was appointed. (2005, Ord. No. 05-166, sec. 2.) Section 2-216. Oath of affirmation. Before beginning their duties, each member appointed shall subscribe to the oath or affirmation before some person duly qualified to administer oaths: do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as a member of the public access, open space, and natural resources preservation commission to the best of my ability." (2005, Ord. No. 05-166, sec. 3.) Section 2-217. Duties and responsibilities of the commission. The duties and responsibilities of this commission are: (1) To develop and submit to the mayor, an initial island -wide prioritized list of qualifying lands worthy of preservation within six months of being confirmed to the commission by the council. a Priorities shall be listed on an island -wide rather than district basis. The list shall include the significance of each parcel or entitlement identified, the reason for its priority, and its anticipated use after acquisition; (2) To update this list at any time, but at least annually by December 31 of each year; and {� (3) To explore methods of funding land acquisition and make recommendations to the mayor. U (4) The commission shall give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private funds. (2005, Ord. No. 05-166, sec. 4.) Section 2-218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolution, select the land or lands to be preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the County. Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution. f } (b) Negotiations for acquisition of lands to be preserved shall occur between the County and the seller or its ucommissioned agent, or a licensed broker only. The commission shall have no role in the negotiations other than in its advisory capacity. (c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land shall be permitted uses of this fund. (d) Adequate staff to carry out the provisions of this article and to manage the land acquired shall be provided in the department of finance to maximize the use of available funds by minimizing the payment n of commission to outside agents to put together funding plans and to ensure that the County is a good �( steward of any land that comes under its control through this article. (2005, Ord. No. 05-166, sec. 5; Am. 2007, Ord. No. 07-21, sec. 2.) 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(Mahukona, Upolu Point, Kauhola, Niuli`i) Zone 5 Hawaii (West Railway) N/A Hawaii (Kona and Ka`u Railway) N/A Hoku`ula Battleground 6-5-01:20 Ho`ea Flat, North Kohala Holualoa Beach 7-6-16:32 Homestead Road Trail (South Kohala) 6-4-01:60 Honaunau & South Kona Forest Reserve 8-3; 8-4 Honoli`i (Although included on the Comprehensive List and considered, this property did not originate from a Prioritized List from this Commission. It was included due to the County Council's passing of Bill No. 06-150 approving its acquisition and Resolution No. 544-06 prioritizing it's acquisition together with other authorized purchases utilizing the Public Access, Open Space and Natural Resources Preservation Fund) 2-6-12:23 & 33; 2-6-14:01; 2-6-26:03 & 04 Honolulu Landing 1-4-03:19 & 20 Hualalai Summit 7-02 Judd Trail (AIN Dr. to Mamalahoa Hwy.) Zone 7 Ka`awali`i Gulch shoreline 3-6-05:15 Kahawaili`ili`i Gulch 4-4-05:11 Kahena Ditch Road 5-8-02:01 -1- LSI I I I I I E I I C L I LI I LJ I I Property Tax Map Key Number Ka`ohe 4-4-15:02 Kaiholena 5-8-01:11; 5-8-01:19-23 Ka Lae (South Point) 9-3-01 Ka Lae to Kawalu (Ka`u Coast) 9-3-01 to 9-4-01 Kamehameha Pond (North Kohala) 5-2-02:08 & 5-2-05:18 Kamoa Point 7-7-04:12, 51, 52, 54 Kapalaoa N/A Kapoho-Vacationland tide pools 1-4-02:51 & por. 88; 1-4-68:01, 04-20 Kapulena Landing aka Opala House 4-7-03:01 Ka`u Coast 9-1; 9-2; 9-3; 9-4; 9-5 (coastal lands) Ka`u Dryland Forest & ancient Hawaiian home sites 9-4-02:03 Ka`u Forest Reserve 9-5-05: 08,13,14,15,18,20; 9-6- 03:06,07,08,09 Kawd/Kawa`a Bay 9-5-17:07, 05; 9-5-16:25, 06 Kawela (Kamakamaka Point) 4-6-02:02 Kealakehe Regional Park 7-4-20 Ke`amuku Portion of 6-7-01 Keanakolu Koa Forests 4-1-06:07 Ke`ei Beach 8-3-06 Ke`eku Heiau 7-8-13 Kiholo Bay 7-1-02 Kohala Lighthouse, Ka`ahola Point Koholalele Landing (Pa`auilo) 4-2-03:03 Kukuihaele (Old Landing aka Station & nearby areas) 4-8-01:01, 04 Kukuihaele (Old Quarry and Breakwater) 4-8-07:15 Kukuipahu Heiau 5-6-01:75 Lalamilo Farm Lots Perimeter Buffer Zone 6-6-05:27 Lapakahi State Historical Park Area (Gordy property) 5-7-01:20 Lapakahi State Historical Park Area (Reish property) 5-7-01:11 Lower Cane Haul Road (Waipi`o, Honoka`a) Zone 4 Mahai`ula to Hualalai 7-2-05 Mahukona Historical Area (Kamano, Kou, Hihiu, Kamoa) 5-7-02:11; 5-7-03:01-03; 5-7-03:07-08; 5-7- 03:10; 5-7-03:18 Makalawena 7-2-04 Malanahae aka Malanahae Landing 6-4-03:21 Maulua Gulch 3-4-02:01 & 03 Maulua Nui 3-7-01:11 Mau`umae Beach (Queen Emma Estate coastal parcel) 6-2-02:06 -2- I■I I I I LJ I I LI I I I I I CI LTJ I I I I Property Tax Map Key Number Mulier lands adjoining Kealoha Park 2-1-16:02,06 Na`alehu/Wai `ohinu (native forest above communities) 9-5-08:01 Naohuleahua "Two Bald Men Village" 9-3-01 Ninole, Ka`u 9-5-19 North American Properties (Ka`apana, Olelo Moana, Ka`ohe) 8-7-12:01 & 03; 8-7-01:06 Old Railroad Way (Honomu-Pepe`ekeo) 2-1 `O`oma II 7-3-09:04 & 22 Papa`ikou Mill Beach 2-7-04:118 Paradise of South Kona, LLC 9-2-01:72 Poho`iki Road (Puna) 1-3-08 Pohue Beach 9-2-01:01 Pololu Trail 5-1-04:29 Property makai of Kohala Intermediate School Puako Forest Project 6-8-01:22 Puako-Waimea Trail 6-6-01 Pualena Crater 1-3-45 & adjacent parcels Puapua`a 7-5-20:22, 24, 28, 34 Public access to Haina Landing and Pa`auhau Landing N/A Puhia ele Portions of 7-2-03 & 7-2-04:04 & 14 Punalu`u Beach Park and adjacent lands (including Ninole Springs and pond) 9-6-01:06, 11, 12, 03; 9-5-19:coastal portions of various parcels Punalu`u to Manuka Bay Pu`u Makanau 9-5-18 Pu`u O`o Ranch (Pi`ihonua) 2-6-18:01 Road to the Sea, Ka`u 9-2-02 Sandalwood Conservation Buffer Zone N/A South Kohala Regional Park 6-8-01:01 South Kona Forest Reserve (Yee Hop) 8-8-01 S ringwater next to Kawaikalia gulch 4-7-03:01 Takashiba's Farm, South Kona 8-2-01:01; 8-2-02:01 Wai`aha/Honl's Wai`ele 1-4-03:03& 37 Waika`alulu Gulch aka Fishtail 4-4-02:04 Waikapuna 9-5-07 Waimea Field System 6-6-01:02,06 & 48 Waimea Streamside Park 6-6-03:06 Waimea Town Center Equestrian Trail (South Kohala) 6-7-02 -3- APPENDIX 4 D CSUMMARY OF "WA PURCHASE On January 30, 2008, the County of Hawaii completed its second purchase utilizing funds from the Public Access, Open Space and Natural Resources Preservation Fund. The purchase price was $1,920,000.00 and consisted of approximately 234 acres (Tax Map Key:3rd/ 9-5-017: 007) of coastal property adjacent to Kawa Bay in the District of Ka`u, Island of Hawaii. The purchase was partially funded by a $1,214,750.00 grant from the State of Hawaii, Department of Land and Natural Resources, Legacy Land Program. The balance of approximately $705,250.00 was funded through the Public Access, Open Space and Natural i1 Resources. Preservation Fund. The transaction is an ideal example of leveraging funding from fJ the Public Access, Open Space and Natural Resources Preservation Fund with State and Federal sources in the purchase and preservation of coastal open space. The Kawa area is one of the few surfing areas in the District of Ka`u containing an abundance of both cultural and natural resources. With the prior purchase of acreage at Honu`apo through a partnership between the State and County, the Kawa purchase is another major step towards the preservation of this dramatic coastline. The County is currently negotiating a purchase of another 550 acres at Kawa and has secured grant awards of another $1,500,000.00 from the State of Hawaii, Department of Land and Natural Resources, Legacy Land Program and $1,000,000.00 from the U.S. Fish and Wildlife, Recovery Land Acquisition Program. D Based on its acquisition of the property at Kawa, its jurisdiction over the acreage at Honu`apo and its possible acquisition of additional acreage at Kawa, the County of Hawaii has contracted with the planning firm of Townscape, Inc. for the preparation of a Management Plan from Honu`apo to Kawa. The development of the Management Plan will be the first step towards the County's obligation towards stewardship of the lands. In the process of the development of the Management Plan, it is the hope that the County will be able to identify public, private and non- profit partnerships for the preservation, management and enhancement of cultural, natural and recreational resources within the lands it controls and along the entire coastline. I I 11 D 0 APPENDIX 5 I D RULES OF PRACTICE AND PROCEDURE OF THE HAWAII COUNTY PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION RULE 1. AUTHORITY These rules and regulations are promulgated by the Public Access, Open Space and Natural Resources Preservation Commission pursuant to Chapter 2, Article 42, Section 2-215, of the Hawaii County Code, 1983 (2005 Edition). DRULE 2. GOAL The goal of the Public Access, Open Space and Natural Resources Preservation Commission is to solicit suggestions from the community for lands considered to be worthy of preservation and to provide the Mayor of the County of Hawaii with an island wide list of prioritized properties. aRULE 3. DEFINITIONS a Wherever used in these rules and regulations, the following terms shall be taken to have the following meaning: (a) "Agency" means the Department of Finance of the County of Hawaii or its authorized representative. n (b) "Charter" shall mean the County Charter of the County of Hawaii, State of Hawaii. �J (c) "Commission," "Chair," "Vice Chair" and the "Commissioner" mean the Public a Access, Open Space and Natural Resources Preservation Commission of the County of Hawaii, State of Hawaii, its Chair, its Vice Chair and a member thereof, nrespectively. L� (d) "Council' shall mean the County Council of the County of Hawaii, State of Hawaii. a(e) "Director" means the Director of Finance of the County of Hawaii. (f) "HRS" means Hawaii Revised Statutes. (g) "Mayor" shall mean the Mayor of the County of Hawaii, State of Hawaii. Q(h) "Meetings" means the convening of the Commission for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter over which the Commission has advisory power. I 5 - 1 - (Revised 10120108) I (a) Develop an initial island -wide prioritized list of qualifying lands worthy of preservation and submit it to the Mayor. Priorities shall be listed on an island -wide rather than district basis. The list shall include the significance of each parcel or (� entitlement identified, the reason for its priority, and its anticipated use after �f acquisition; (b) Update this list at any time, but at least annually by December 31 of each year; (c) Explore methods of funding land acquisition and make recommendations to the Mayor; and U (d) Give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private funds. RULE 5. PURPOSE The intent and purpose of the Rules of Practice and Procedure of the Hawaii County Public D Access, Open Space, and Natural Resources Preservation Commission is to provide a systematic and democratic method of conducting meetings in order to insure that all persons will have an opportunity to participate in an open, productive, and orderly manner. RULE 6. ORGANIZATION AND PARLIAMENTARY RULES 6-1. ORGANIZATION - 2 - (Revised 10/20108) (i) "Person" means when appropriate to the context, not only individuals, but corporations, firms, associations, societies, and federal, state and county departments or agencies. (j) "Presiding Officer" means and shall include any member of the Commission. Unless Dotherwise designated, the Chair shall be the presiding officer. (k) "Public Record" means the same as defined in Chapter 92, HRS, and shall include maps, rules and regulations, written statements of policy or interpretation formulated, adopted or used by the Commission in its functions, all decisions, orders, minutes of the Commission meetings and records of any docket on file with the Commission but shall not include records which invade the right of privacy of an individual. (1) "Rules" means the Rules of Practice and Procedure of the Public Access, Open Space and Natural Resources Preservation Commission. (m) "Secretary" shall mean the Secretary of the Public Access, Open Space and Natural DResources Preservation Commission. RULE 4. DUTIES AND RESPONSIBILITIES The Public Access, Open Space and Natural Resources Preservation Commission shall: (a) Develop an initial island -wide prioritized list of qualifying lands worthy of preservation and submit it to the Mayor. Priorities shall be listed on an island -wide rather than district basis. The list shall include the significance of each parcel or (� entitlement identified, the reason for its priority, and its anticipated use after �f acquisition; (b) Update this list at any time, but at least annually by December 31 of each year; (c) Explore methods of funding land acquisition and make recommendations to the Mayor; and U (d) Give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private funds. RULE 5. PURPOSE The intent and purpose of the Rules of Practice and Procedure of the Hawaii County Public D Access, Open Space, and Natural Resources Preservation Commission is to provide a systematic and democratic method of conducting meetings in order to insure that all persons will have an opportunity to participate in an open, productive, and orderly manner. RULE 6. ORGANIZATION AND PARLIAMENTARY RULES 6-1. ORGANIZATION - 2 - (Revised 10/20108) I The Public Access, Open Space and Natural Resources Preservation Commission shall consist of nine members. One member shall reside in each County council district. The members a shall be appointed by the Mayor and confirmed by the Council. The members may be removed upon recommendation by the Mayor and the approval of the Council. The members shall serve staggered terms of five years. Upon initial appointment of the commission, one member shall be appointed to a term of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. Staff support shall be provided by the finance department. D6-2. ELECTION OF CHAIR AND VICE CHAIR At the regular November meeting of each year, the Commission shall elect a Chair and Vice Chair from among its members. They shall serve for a term of one year or until their successors are duly elected. No member shall succeed himself or herself as Chair. In the event the Commission is not able to elect a regular Chair or Vice Chair from among its members at its first November meeting, the incumbent Chair may serve on a hold -over basis for a term not to exceed ninety (90) days. In the absence of both Chair and Vice Chair, the remaining members shall elect an Acting Chair. 6-3 QUORUM AND NUMBER OF VOTES NECESSARY FOR A DECISION A majority (five) of all the Commissioners to which the Commission is entitled shall constitute a quorum to transact business. The affirmative vote of a majority of those (� Commissioners present shall be necessary to make any action valid. (� 6-4 MEETINGS DThe Commission may meet and perform its duties in any part of the County of Hawaii. Except as provided by law, all of its meetings are open to the public. The parliamentary procedure to be utilized by the Commission in the conduct of its meetings shall be based on Robert's Rules of Order. a (a) Regular Meetings - Regular meetings of the Commission for the transaction of its business shall be held at 10:00 a.m. on the second Monday of each month, or as scheduled and duly noticed by the Commission. D(b) Special Meetings — A special meeting may be called by the Chair when the date, time and place of such special meeting is announced prior to adjournment of a {� regular meeting otherwise a special meeting can be called only upon the publication U of a notice of such meeting in at least two daily newspapers of general circulation in this county at least twenty-four (24) hours in advance of such meeting. If the requirement with respect to publication of notice cannot be met because of insufficient time, the meeting notice shall be made by broadcasting a minimum of three announcements in the English language over FCC licensed public radio stations in this county or television stations with local audience. Such announcements shall be broadcast at least twenty-four (24) hours in advance of such meeting. To assure the widest possible coverage, the meeting notice shall be released to radio stations in this county and the announcement shall be programmed to be heard between the -3 - (Revised 10/20/08) D hours of 7:00 A.M. to 5:00 P.M. In addition to the above requirements, notice of such special meeting shall be conspicuously posted on the bulletin board of the Hawaii County Building. A brief resume of the principal business to be taken up at such meeting shall be stated in the posted notice as well as in the notice released to the news media. D(c) Videoconference — Pursuant to HRS § 92-3.5, the Commission may hold meetings by videoconference; provided that the videoconference system used by the Q Commission shall allow both audio and visual interaction between all members of the Commission participating in the meeting and the public attending the meeting, at any videoconference location. D(1) The notice required by HRS § 92-7 shall specify all locations at which Commissioners will be physically present during a videoconference meeting. The'notice shall also specify that the public may attend the meeting at any of the specified locations. (2) Any Commissioner participating in a meeting by videoconference shall be considered present at the meeting for the purpose of determining compliance with the quorum and voting requirements of the Commission. (3) A meeting held by videoconference shall be terminated if both audio and video communication cannot be maintained with all locations where the meeting is being held, even if a quorum of the Commission is physically present in one location. (d) Notice — The Commission shall be given written public notice of any regular, special, or rescheduled meeting, or any executive meeting when anticipated in advance in compliance with HRS § 92-7. The notice shall include an agenda, which j� lists all of the items to be considered at the forthcoming meeting, the date, time, and (J place of the meeting, and in the case of an executive meeting, the purpose shall be stated. The notice and agenda must be filed in the county clerk's office at least six D(6) calendar days prior to the meeting. (e) Adjournment —Meetings maybe adjourned at anytime by vote, and unless otherwise specified in the motion, every adjournment shall be deemed to be until the next meeting of the Commission. (f) Continuation of decision making — Any matter which fails to be validated by a majority concurrence of the Commissioners present may be continued to any subsequent regular meeting. (g) Effective date of Commission decision — Unless a specific effective date is set forth, the effective date of a decision rendered by the Commission shall be the date of the meeting at which such valid decision was made. u D- 4 - (Revised 10120108) I n 6-5 MINUTES (a) Minutes — In accordance with HRS § 92-9, the Commission shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true areflection of the matters discussed at the meeting and the views of the participants. (1) .The date, time, and place of the meeting; (2) The Commissioners recorded as either present or absent; (3) The substance of all matters proposed, discussed, or decided; and a record, by individual Commissioner, of any votes taken; and (4) Any other information that any Commissioner requests be included or a reflected in the minutes. The minutes shall be public record and shall be available within thirty days after the meeting except where such disclosure would be inconsistent with HRS § 92-5 or Section 13-20 of the Charter; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer. �j U (b) The Public may obtain information from the Secretary regarding the minutes. 6-6 OFFICERS AND THEIR DUTIES (a) Presiding Officer — The Chair shall be the presiding officer of the Commission and the Vice Chair shall be the presiding officer in the absence �J of the Chair. The presiding officer shall: o(1) Open all meetings of the Commission by taking the chair and calling the meeting to order; a(2) Call for the approval of the minutes of any preceding meetings when a quorum is present; (3) Maintain order and proper decorum based on Robert's Rules of Order; (4) Announce the business before the Commission in the order prescribed by these rules; (5) Review all matters properly brought before the Commission, call for votes upon the same and announce the results; D- 5. - (Revised 10/20108) I (1 6-8 WHEN RULES ARE SILENT {� For good cause, the Commission may vote to suspend the rules. a6-9 SEVERABILITY If any provision of these Rules or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of these Rules which can be given effect without the invalid provision or application, and to this end the provisions of these Rules are severable. ' RULE 7. PUBLIC RECORDS, INSPECTION AND AVAILABILITY 7-1 INSPECTION OF PUBLIC RECORDS D- 6 - (Revised 10120108) (6) Appoint all committees unless otherwise ordered by the Commission; (a) Disclosure of Interest — Whenever a possible direct personal financial interest (7) Authenticate by signature all acts of the Commission as may be U becomes apparent, the affected member shall promptly make a disclosure to required by law, unless delegated to the Director; a (8) Do and perform such other duties as may be required by law, or such as may be appertain to such office; apply to all subsequent actions relating to said matter. A member with properly conflict of interest shall refrain from voting except where the member's vote (9) Make known all rules of order when so requested, and to decide all vote. questions of order, subject to an appeal to the Commission; (10) Take into consideration such matters as shall not be within the scope of the duties or powers of any subcommittee of the Commission; or as may be referred by the Commission, and to report thereon, together with such recommendations relative thereto as deemed advisable; and (11) Represent the Commission in all functions, as directed by the Commission or designate a representative from the membership of the D Commission. (1 6-8 WHEN RULES ARE SILENT {� For good cause, the Commission may vote to suspend the rules. a6-9 SEVERABILITY If any provision of these Rules or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of these Rules which can be given effect without the invalid provision or application, and to this end the provisions of these Rules are severable. ' RULE 7. PUBLIC RECORDS, INSPECTION AND AVAILABILITY 7-1 INSPECTION OF PUBLIC RECORDS D- 6 - (Revised 10120108) 6-7 STANDARDS OF CONDUCT (a) Disclosure of Interest — Whenever a possible direct personal financial interest �j on, any matter pending before the Commission or any of its committees U becomes apparent, the affected member shall promptly make a disclosure to the Commission. When a member has made a disclosure of interest and is deemed by the Commission to have a conflict of interest, such conflict shall apply to all subsequent actions relating to said matter. A member with conflict of interest shall refrain from voting except where the member's vote is required to constitute a quorum to act in which event shall be permitted to vote. (1 6-8 WHEN RULES ARE SILENT {� For good cause, the Commission may vote to suspend the rules. a6-9 SEVERABILITY If any provision of these Rules or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of these Rules which can be given effect without the invalid provision or application, and to this end the provisions of these Rules are severable. ' RULE 7. PUBLIC RECORDS, INSPECTION AND AVAILABILITY 7-1 INSPECTION OF PUBLIC RECORDS D- 6 - (Revised 10120108) I All public records shall be available for inspection and copying by any person during established office hours and within reasonable timelines unless public inspection of such records is in violation of any other state or federal law. 7-2 WHERE AVAILABLE 7-3 COPIES OF PUBLIC RECORDS Copies of public records printed or reproduced for persons other than governmental agencies a shall be given to any person provided the applicable fees or costs for publication, research, and postage are paid. (j 7-4 DENIAL OF INSPECTION �J Any person aggrieved by the denial by the officer having custody of any public record of the a right to inspect the record or to obtain copies of extracts thereof may seek enforcement action pursuant to HRS Chapter 92. I 'J I I I I I E- 7 - (Revised /0/20/08) (a) The public may obtain information on matters within the jurisdiction of the Commission at the Department of Finance, County of Hawaii, by inquiring at the principle place of business. All rules, orders or opinions of the agency are ori file and available for public inspection at the office during business hours at 25 Aupuni Street, Rm. 118, Hilo, Hawaii 96720. a(b) Inquiry may be made in person at the Agency during business hours or by submitting a request for information in writing to the Public Access, Open Space and Natural Resources Preservation Commission, c/o Department of Finance, 25 Aupuni Street, Rm. 118, Hilo, Hawaii 96720. 7-3 COPIES OF PUBLIC RECORDS Copies of public records printed or reproduced for persons other than governmental agencies a shall be given to any person provided the applicable fees or costs for publication, research, and postage are paid. (j 7-4 DENIAL OF INSPECTION �J Any person aggrieved by the denial by the officer having custody of any public record of the a right to inspect the record or to obtain copies of extracts thereof may seek enforcement action pursuant to HRS Chapter 92. I 'J I I I I I E- 7 - (Revised /0/20/08) APPENDIX 6 I I I I I I COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION 2007 Suggestion Form for Lands and/or Property Entitlements for Acquisition The Public Access, Open Space, and Natural Resources Preservation Commission is taking suggestions for sites or projects to improve upon public access, open space, and natural resources preservation, pursuant to Chapter 2, Article 42, of the Hawaii County Code. Please use the form below to tell the Commission about a place or access you would like to see protected. Name of site or project: Location or Address: Please use one form per suggestion. aTax Map Key (TMK) number(s): Acreage: D Provide (as Attachment A) a TMK map with the property boundaries and/or proposed access outlined or highlighted. I r, I I LJ I I I 0 LTJ ❑Puna ❑S. Hilo ❑N. Hilo ❑Hamakua ❑N. Kohala ❑S. Kohala ❑N. Kona ❑S. Kona ❑Ka`u Landowner(s): Purpose of suggested site (for public acquisition) or project (please check those that apply) ❑ Public outdoor recreation and education, ❑ Preservation of forests, including access to beaches and beaches, coastal areas, natural mountains beauty, and agricultural lands ❑ Preservation of historic or culturally ❑ Protection of watershed lands important land areas and sites to preserve water quality and water supply ❑ Protection of natural resources, including buffer zones 000, Provide (as Attachment B) clear statements detailing how public acquisition would fulfill one or more of the above purposes. Also, explain what is the intent, long term vision, and/or strategy of this proposed acquisition or project? 200- Provide (as Attachment C), if available, additional community endorsements for this proposed acquisition or project through letters of support or other means. In addition, please identify community organizations or individuals that could be contacted for further information about this proposed acquisition or project. Also, identify community organizations or individuals who are willing to be part of the long-term management/ maintenance of this property. 0 10, Provide (as Attachment D) other documentation relating to the suggested site or project that would assist Commission in their assessments. Do not send original documents or pictures as they will not be returned. DPage I of 2 0 0 How would the general public benefit from this proposed acquisition or project? Any reported urgency? ❑No ❑Unknown ❑Yes If yes, please describe. a Is there a special opportunity for acquisition that presently exists (i.e. special funding available, landowner willing to participate in process, etc.)? ❑No ❑Unknown ❑Yes aIf yes, please describe. aHas partnering with other government agencies, private, or nonprofit entities to leverage resources been identified? ❑No ❑Unknown ❑Yes If yes, please describe. Are the land or property entitlements available for acquisition? ❑No ❑Unknown ❑Yes Are there other methods of protection in addition to acquisition that would accomplish protection aof resources? ❑No ❑Unknown ❑Yes If yes, please describe. Contact Name: 0 Mailing Address Phone/Fax: E-mail: Please send completed forms to: Public Access, Open Space & Natural Resources Preservation Commission a c/o 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Fax: (808) 961-8622 For further information contact: Stacie Waltjen at 961-8251 For online information go to: http://www.hawaii-county.com/finance/ponc.htm 0 SUGGESTIONS FOR 2007 ARE DUE ON OR BY JUNE 29, 2007 (Suggestions received after this date will be considered in 2008.) FOR OFFICE USE ONLY: Date Recd. Attachments: ❑ A ❑ B ❑ C ❑ D ❑ Other DPage 2 of 2 APPENDIX 7 0 0 0 0 0 0 0 0 LJ 0 IO IO �0 0 0 0 0 0 COUNTY OF -HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION 2007 Assessment Criteria Form Name of Site or Project: Location or Address: Ahu ua`a• ❑Puna ❑S. Hilo ❑N. Hilo ❑Hamakua ❑N. Kohala ❑S. Kohala ❑N. Kona ❑S. Kona ❑Ka`u TMK: Acreage: Landowner(s): Anticipated Use: Purpose of suggested site (for public acquisition) or project: ❑ Public outdoor recreation and education, ❑ Preservation of forests, including access to beaches and beaches, coastal areas, natural mountains beauty, and agricultural lands ❑ Preservation of historic or culturally ❑ Protection of watershed lands important land areas and sites to preserve water quality and water supply ❑ Protection of natural resources, including buffer zones County Zoning State Land Use SMA Flood Zone Hazards / Constraints Wetlands Archaeology / Historic Sites Listed in Hawaii County Fixed Assets Listed in Inventory of Public Shoreline Access 1979 Listed in Hawaii State Register of Historic Places Existing Legal Public Access Management/Maintenance Partnership Identified (rev. 2/12/07) Assessed By: Special F nding Opportunity Possible Cost Identified in 2005 General Plan CATEGORY SCORES Criteria 1 Criteria 2 Criteria 3 Criteria 4 SUM (Criteria 1-4) Final Score (SUM+ 4) Date: Page I of 4 C I I I CRITERIA SCORING: 0 = No 1 = Unknown (needs more assessment/research) 2 = Somewhat (site only partially meets criteria) 3=Yes D Criteria 1: Assesses whether the land or property entitlements meets the purposes of Public Access, Open Space, & Natural Resources Preservation Fund pursuant to Chapter 2, Article 42 of the Hawaii County Code 1983 a(2005 Edition). I D .J J1 u 1 I I I Total (15) Criteria 1 a (rev. 2/12/07) Page 2 of 4 Public outdoor recreation and education, including access to beaches and mountains Preservation of historic or culturally important land areas and sites Protection of natural resources, including buffer zones Preservation of forests, beaches, coastal areas, natural beauty, and agricultural lands Protection of watershed lands to preserve water quality and water supply Total (15) Criteria 1 a (rev. 2/12/07) Page 2 of 4 I 71 Lel L1 11 U I I I I 1 111 I I I I Criteria 2: Assesses whether the land or property entitlements coheres to and furthers the vision and goals of Hawaii County's 2005 General Plan. OI I Total (15) Criteria 2 (rev. 2/12/07) Page 3 of 4 12.2 Recreation - GOALS (a) Provide a wide variety of recreational opportunities for the residents and visitors of the County. (b) Maintain the natural beauty of recreation areas. (c) Provide a diversity of environments for active and passive pursuits. 6.2 Historic Sites - GOALS (a) Protect, restore, and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawaii. (b) Appropriate access to significant historic sites, buildings, and objects of public interest should be made. available. 8.2 Natural Resources & Shoreline - GOALS (a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. (c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. (d) Protect rare or endangered species and habitats native to Hawaii. (e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and natural areas. 7.2 Natural Beauty - GOALS (a) Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. (b) Protect scenic vistas and view planes from becoming obstructed. (c) Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. 14.2.2 Land Use (Agriculture) - GOALS (a) Identify, protect and maintain important agriculture lands on the island of Hawaii. (b) Preserve theagricultural character of the island. 4.2 Environmental Quality - GOALS (a) Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable. (b) Maintain and, if feasible, improve the existing environmental quality of the island. OI I Total (15) Criteria 2 (rev. 2/12/07) Page 3 of 4 I [Il I I I■I I I Criteria 3: Assesses the level of community support, including reported urgency, based on the community input process. E I I. Total (9) Criteria 3 1 % I I 1 11 I I Lel I Criteria 4: Assesses whether the land or property entitlements could be acquired using the Public Access, Open Space, & Natural Resources Preservation Fund and/or other means. Additional testimony and/or letters of support received for site or project. • Partnering with other government agencies, private, or nonprofit entities to leverage resources has been identified. Benefit to the general public. Land or property entitlements are available for acquisition. Reported urgency. E I I. Total (9) Criteria 3 1 % I I 1 11 I I Lel I Criteria 4: Assesses whether the land or property entitlements could be acquired using the Public Access, Open Space, & Natural Resources Preservation Fund and/or other means. (rev. 2/12/07) Total (9) Criteria 4 Page 4 of 4 Acquisition is feasible through the Fund and/or other means. • Special opportunity for acquisition presently exists (i.e. special funding available, landowner willing to participate in process, etc.). • Partnering with other government agencies, private, or nonprofit entities to leverage resources has been identified. Land or property entitlements are available for acquisition. (rev. 2/12/07) Total (9) Criteria 4 Page 4 of 4