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HomeMy WebLinkAboutCOM 0072.002 2016-2018 cp..f.h� ',''' Wil Okabe n ,,Iv; Managing Director Harry Kim Mayor --'-' �_�_ Barbara J.Kossow ';*ti" ..,�.;?" ���.- Deputy Managing Director Irnxn±fir itf Rafinti`i fft>cr lz f >e 4Ra rar 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 January 18, 2018 COUNTY CLERK COUNTY OF HAWAII RECEIVED The Honorable Valerie T.Poindexter, Chairpersons, and Time 1 d.4onm, By Vryii Members of the Hawai`i County Council 2015 �. � /8 25 Aupuni Street Date Hilo,Hawai`i 96720 Re: 2017 Annual Report to the Mayor Public Access, Open Space and Natural Resources Preservation Commission Dear Chairperson Poindexter and Council Members: Pursuant to Section 2-217 of the Hawai'i County Code, the 2017 Annual Report from the Public Access, Open Space and Natural Resources Preservation Commission was previously transmitted as required by December 31, 2017.Pursuant to Section 2-218 of the Hawai'i County Code, I am transmitting herewith my comments and recommendations on the Commission's 2017 Annual Report and updated Prioritized List. This year the Commission considered only properties submitted by the public in the 2017 Suggestion Forms when determining the 2017 Prioritized List. Their decisions were based upon anticipated use, significance and benefit to the public and special opportunities available for acquisition and management. In addition, included in the annual report is the "Process for Property Acquisition with Funds from the PONC Fund" which provides information for the public and outlines the process in more detail. Also in the annual report is a "Status of Properties on Past Prioritized Lists from 2006-2016" providing detailed information for past prioritized properties along with an updated Comprehensive List including what years the suggestion forms were submitted by the public which is sorted by tax map key and district. SUMMARY OF AUTHORIZED LAND ACQUISITIONS Through prior resolutions, the County Council has authorized the Finance Director to enter into negotiations to acquire a number of parcels since the establishment of the Commission. A list of the prior resolutions approved by the County Council is summarized below: Resol.No. Property Description Comm. No.�aZ.� 404-06 Puapua'a,North Kana Ref. To: 451-06 Kawa and Kawa'a Bay,Ka'u(4 parcels) Ref. Date JAN 2 6 2018 427-06 Waipi'o Lookout Point, Hamakua County of Hawai`i is an Equal Opportunity Provider and Employer. Honorable Valerie T.Poindexter, Chair and • Members of the Hawai`i County Council January 12, 2018 Page 2 169-07 Punalu'u Beach Park/Adjacent Lands, Ka'u 286-07 Wai'ele,Puna 287-07 Honolulu Landing,Puna 288-07 Cape Kumukahi,Puna 616-08 Pa'o'o,North Kohala 644-08 Kaiholena,North Kohala 372-10 Lucile P.Kingman Trust,North Kona(2 parcels) 373-10 Lucile P.Kingman Trust,North Kona(1 parcel) -(non-PONC purchase) 49-11 Kahuku Coastal Property,Ka'u 71-11 Pohoiki Bay,Puna 240-12 Banyans Beach,North Kona 256-12 Waikaku'u, South Kona 276-12 'O'oma II,North Kona 201-13 Vacationlands Trust/Hara Property,Puna 332-14 Banyan Trees Park,North Kohala 351-14 Kaunamano,Ka'u 419-14 Adjacent to Ahalanui Park and the Hot Pond, 423-14 White Sands Mauka,North Kona 451-14 The Gapp Property,Puna 287-15 Kahua Olohu,Ka'u 326-15 Halelua,North Kohala 327-15 Hapu'u to Kapanai'a Cultural Corridor,North Kohala 328-15 Niuli'i,North Kohala 535-16 Hakalau Point, South Hilo 65-17 Haleohiu Homesteads,North Kona 87-17 Hakalau,Hamakua The County has successfully completed thirteen acquisitions totaling 4,428.7835 acres with funds from the Public Access, Open Space and Natural Resources Preservation Fund(FUND). In addition, a total of $7,434,083.77 was obtained from state and federal grants along with a $2,000,000.00 private donation from Kohanaiki Shores (KS). The 2017 Annual Report to the Mayor"Status of Properties on Past Prioritized Lists 2006-2016" (Appendix 3) progressively reports the current status of the nominated properties and matching funds for those successfully acquired. Puna District Date Acquired Project Tax Map Key Acreage Acquisition Cost Matching Funds Nov. '15 Pohoiki Bay 1-3-08:97 26.762 $ 1,606,134.11 N/A Pohoiki Bay is the County's first purchase in the Puna District utilizing monies from the FUND. This area will remain in open space and acquisition ensures the preservation and protection of low land Native Hawaiian forest, historic and cultural sites and public access along the shoreline. With the various studies completed in 2017,the parcel is now ready for stewardship. County ofHawai'i is an Equal Opportunity Provider and Employer. Honorable Valerie T.Poindexter, Chair and Members of the Hawai`i County Council January 12, 2018 Page 3 Hamakua District Date Acquired Project Tax Map Key Acreage Acquisition Cost Matching Funds Oct. '07 Waipi'o Lookout 4-8-04:06 1.800 $ 902,120.43 N/A Waipi'o Lookout remains to be a model example of the stewardship grant process with the Department of Parks and Recreation (P&R). With the great efforts in compliance, Pohaha I Ka Lani LLC continues to successfully steward the property in preservation and sustainability since 2015. With the assistance from various community programs, Pohaha I Ka Lani provides cultural education and volunteer workdays where nearly 1,000 participants. As a popular tourist attraction, the preservation of the Waipi'o Lookout remains in open spaces bringing people and culture together in a shared sense of purpose. North Kohala District Date Acquired Project Tax Map Key Acreage Acquisition Cost Matching Funds Jan. '10 Kaiholena 5-8-01:11, 19, 151.000' $ 902,120.43 N/A (North) 20, 27 Oct. '10 Pa'o'o 5-7-01:05 10.610 $ 1,889,172.44 $ 945,000.00 * Jun. '13 Kaiholena 5-8-01:21, 22, 76.615 $ 4,005,804.22 $ 1,432,088.77* (South) 25 Feb. '15 Hawi Banyan 5-5-15:42 .911 $ 753,612.01 N/A Trees Property * State of Hawai'i,DLNR Legacy Land Conservation Program (LLCP) Kaiholena (north & south) and Pa'o'o continues to be periodically monitored and maintained by the many community groups in North Kohala including Kohala Lihikai. In addition, the National Park Service (NPS) assists in the maintenance of the Ala Kahakai National Historic Trail along with the Ala Kahakai Trail Association, who acquired the last remaining parcel of Kaiholena South. Community groups including Malama Kohala Kahakai and Kohala Lihikai have been working with Kohala High school students to design and install an interpretive sign at the public access entrance to Kaiholena. Fishermen and other users of the land continue to keep the shoreline free of trash. With various studies completed, Malama Kohala Kahakai stewardship vision was notably recognized by the PONC Commission and forwarded their recommendations to P&R. North Kona District Date Acquired Project Tax Map Key Acreage Acquisition Cost Matching Funds Feb. '12 Kipapa Park 7-7-08:20 & 31 6.012 $ 3,220,000.00 N/A Dec. '13 'O'oma 7-3-09:04 217.566 $ 6,200,000.00 $2,000,000.00* Oct. '14 White Sands 7-7-08:21 &23 10.775 $ 3,000,000.00 N/A Mauka * Konahiki Shore Donation County ofHawaya is anEqual OpportunityProvider and Employer. Honorable Valerie T. Poindexter, Chair and • Members of the Hawai`i County Council January 12,2018 Page 4 Kipapa Park continues to provide much needed off street parking along with increased road and pedestrian safety in the area for residents and visitors who frequent the nearby Magic Sands and Pahoehoe County Beach Parks. This past year, the community proposed the Bikeshare Docking Station at Kipapa Park. Its installation provided residents and visitors with another form of commuting. Long-term plans for the White Sands Mauka parcels are for an expansion of the adjacent Kipapa Park to provide an additional area for public outdoor recreation. The Kipapa ohana and families of lineal descendants to the area continue to have clean-up days to clear brush and vegetation. With the Archaeological Inventory Survey completed, we can look forward to stewardship efforts in preservation, conservation in open spaces. Ka'u District Date Acquired Project Tax Map Key Acreage Acquisition Cost Matching Funds Jan. '08 Kawa'a Bay, Ka'u 9-5-17:07 234.293 $ 1,923,307.29 $ 1,214,750.00 * Jan. '11 Kawa,Ka'u 9-5-16:06&25; 550.871 $ 3,936,004.47 $ 1,500,000.00 * 9-5-17:05 $ 507,000.00** Jun. '16 Kahua Olohu 9-5-12:05 13.000 $ 170,879.66 N/A Nov. '16 Kahuku Coastal 9-2-01 :75 3,127.950 $2,607,162.12 $ 621,245.00 * Property $ 1,214,00.00** * State of Hawai'i, DLNR Legacy Land Conservation Program (LLCP) ** Federal, U.S. Fish and Wildlife Recovery Lands Acquisition Grant For the past couple of years the County has been working with Townscape, Inc. on a resource management plan for the area to address the protection of habitat; threatened and endangered wildlife along with preservation measures to protect the identified cultural sites for Kawa, Ka'u. Townscape, Inc. has completed their task in a comprehensive management report and has affected the stewarding efforts in a positive way. In 2017,Na Mamo 0 Kawa received their first stewarding approval for Kawa and Kawa'a Bay,Ka'u. Their notable efforts in working with the community and the county reinforce application efforts of the Kawa Management Plan by Townscape,Inc. The various surveys for both Kahua Olohu and Kahuku locations have been completed and now ready for stewarding. Kahuku, the largest PONC acquisition, was known for ancient traditions of honoring the Hawaiian god of Peace, Lono. One of these traditions is called, "The Makahiki Games" during the season of the Makahiki, which lasts for four months—usually November through February. The Makahiki games were the ancient Hawaiian version of the Olympics and contestants included trained athletes, Ali'i and commoners. These contests helped warriors to stay active, prepare for wartime and also served as training and practice opportunities for commoners in the event they were called on to fight in the future. An article by Roberts Hawai`i says, "the winners of each ahupuaa would be invited by the Ali'i to challenge the champions from other ahupuaa and often had stories and songs written in their honor. Like the Olympics, these games encouraged good sportsmanship, friendly rivalries and gave people the opportunity to bring honor to their family and home district." ( (Roberts Hawaii, 2017) County ofHawai'i is an Equal Opportunity Provider and Employer. Honorable Valerie T. Poindexter, Chair and Members of the Hawai`i County Council January 12, 2018 Page 5 STATUS OF FUNDS Public Access, Open Space and Natural Resources Preservation Fund, and Public Access, Open Space and Natural Resources Maintenance Fund For the benefit of the County Council, I have attached a summary of both funds and all monies deposited and disbursed since its establishment. MANAGEMENT AND STEWARDSHIP With the establishment of the Public Access, Open Space and Natural Resources Preservation MAINTENANCE FUND, monies can now be used for maintenance of lands and easements acquired by the FUND for specified purposes as outlined in the Hawai'i County Charter, Section 10- 16. The PONC Commission review receive applications from P&R, evaluates; recommends, and report their findings to P&R. P&R processes according to the charter and awards qualified applicants of grant monies requested. Since the establishment of the maintenance fund, P&R has successfully awarded monies to steward almost half of the PONC acquisitions. With surveys now complete for Kahuku, Ka'u, Kipapa Park, Kailua Kona, Kahua Olohu, Ka'u, and Pohiki, Puna, it is vital that qualified non-profit organizations that meet the criteria and are interested in stewardship be considered for funding. The County will continue to encourage members in the community and work with various agencies and groups to establish partnerships for overall management of these lands. 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 accept the list as presented by the Commission. The 2017 Prioritized List is as follows: Priority Comm. Percentage Commission Name of Site Tax Map Key(s) No. No. 17- Results Scores or Project 3rd Division 1 011 91.41 351 Waikapuna, 9-5-07:16 Kahilipali'iki and Kahilipalinui 2 005 90.89 349 Hapu'u to Kapanai'a 5-2-07:04, 27 Cultural Corridor 5-3-007:22, 23, 26, 32, 33 3 004 90.10 346 Mahukona 5-2-07:03, 11 5-3-07:02, 03, 07, 08, 10, 18 4 008 87.76 337 Lamaloloa 5-7-01:20 5 006 86.20 331 Halelua 5-3-07:10 County of Hawari is an Equal Opportunity Provider and Employer. v I Honorable Valerie T.Poindexter, Chair and Members of the Hawai`i County Council January 12,2018 Page 6 Priority Comm. Percentage Commission Name of Site Tax Map Key(s) No. No. 17- Results Scores or Project 3rd Division 6 010 80.47 309 Kahilipali lki, 9-5-07:05, 08, 16 Kahilipali Nui and Waikapuna 7 013 80.47 309 'Io lani Kea Trust— 8-7-11:02 The Lost City 8 007 72.14 277 Kukuipahu-Haena 5-6-01:13, 16, 18, Corridor 42,49, 50, 89 to 107 9 009 69.79 268 Keawenui 5-8-01:05 10 014 54.43 209 Ka'u Sugar Mill Park 9-6-02:16, 25 Conclusion This is the thirteenth 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 Prioritized 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, 7r7°\-71714- Kim MAYOR HK/mc Attachments: > Summary of the Public Access, Open Space and Natural Resources Preservation Fund > Summary of the Public Access, Open Space and Natural Resources Preservation Maintenance Fund > 2017 Annual Report to the Mayor dated December 28, 2018 (10 copies) County of Hawan is an Equal Opportunity Provider and Employer. County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of December 31, 2017) 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 Waipi`o 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 Waipi`o Escrow Refund 110.00 2,775,678.89 Dec '07 Real Property Tax Transfer 2,378,195.36 5,153,874.25 Jan '08 Kawa'a Purchase 1,923,388.26 3,230,485.99 Jan '08 Interest 41,260.42 3,271,746.41 Feb '08 Interest 15,884.30 3,287,630.71 Feb '08 Kawa'a 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 Kawa'a 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 Feb '09 Real Property Tax Transfer 6,107.29 8,894,611.74 Mar '09 Interest 2,917.45 8,897,529.19 May '09 Interest 2,601.13 8,900,130.32 Jun '09 Interest 68,217.05 8,968,347.37 Jun '09 Real Property Tax Transfer 2,000,599.35 10,968,946.72 Jul '09 Interest 1,082.72 10,970,029.44 Jul '09 Real Property Tax Transfer 21,677.30 10,991,706.74 Aug '09 Interest 453.84 10,992,160.58 Sept '09 Interest 485.65 10,992,646.23 Oct '09 Interest 1,107.65 10,993,753.88 Nov '09 Interest 280.51 10,994,034.39 Dec '09 Interest 3,306.85 10,997,341.24 Jan '10 Kaiholena North Purchase 6,550,100.82 4,447,240.42 Feb '10 Kaiholena North Escrow Refund 55.00 4,447,295.42 Feb '10 Interest 524.59 4,447,820.01 Mar '10 Interest 14,3 51.5 3 4,462,171.54 • County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of December 31, 2017) Date Description Deposit Expenditure Balance Apr '10 Interest 265.01 4,462,436.55 Apr '10 Pa'o'o Purchase 945,000.00 3,517,436.55 May '10 Interest 353.84 3,517,790.39 Jun '10 Interest 298.78 3,518,089.17 Jul '10 Interest 289.17 3,518,378.34 Aug '10 Interest 298.83 3,518,677.17 Sept '10 Interest 298.85 3,518,976.02 Oct '10 Interest 289.24 3,519,265.26 Nov '10 Escrow - Pa'o`o Purchase 2,586.92 3,516,678.34 Dec '10 Interest 298.91 3,516,977.25 Dec '10 Pa`o`o Escrow Refund 827.56 3,517,804.81 Jan '11 Interest 587.89 3,518,392.70 Feb '11 Interest 298.83 3,518,691.53 Apr '11 Interest 568.81 3,519,260.34 May '11 Interest 289.27 3,519,549.61 Jun '11 Interest 298.93 3,519,848.54 Jul '11 Interest 289.31 3,520,137.85 Jul '11 Escrow Deposit - Kawa Purchase 50,000.00 3,470,137.85 Sept '11 Real Property Tax Transfer 2,096,514.09 5,566,651.94 Sept '11 Kawa Purchase 1,879,859.44 3,686,792.50 Oct '11 Interest 871.92 3,687,664.42 Nov '11 Kawa Purchase (Federal RLA Grant - 507,000.00 3,180,664.42 to be reimbursed by the State) Dec '11 Interest 308.03 3,180,972.45 Dec '11 Contribution from RLA for Kawa 507,000.00 3,687,972.45 Dec '11 Real Property Tax Transfer 179,692.35 3,867,664.80 Jan '12 Kawa Escrow Refund 854.97 3,868,519.77 Jan '12 Interest 235.04 3,868,754.81 Feb '12 Escrow Dep. - Kingman Purchase(7-7-08:20) 500,000.00 3,368,754.81 Feb '12 Escrow Dep. - Kingman Purchase (7-7-08:31) 50,000.00 3,318,754.81 Feb '12 Interest 252.98 3,319,007.79 Feb '12 Kingman Purchase (7-7-08:20) 2,317,481.69 1,001,526.10 Feb '12 Kingman Purchase (7-7-08:31) 372,544.40 628,981.70 Mar '12 Interest 245.93 629,227.63 Mar '12 Real Property Tax Transfer 1,780,175.92 2,409,403.55 Apr '12 Escrow Refund (Kingman - 7-7-08:20) 50.00 2,409,453.55 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of December 31, 2017) Date Description Deposit Expenditure Balance Apr '12 Escrow Refund (Kingman - 7-7-08:31) 30.00 2,409,483.55 Apr '12 Interest 92.46 2,409,576.01 May '12 Interest 115.52 2,409,691.53 June '12 Interest 322.79 2,410,014.32 June '12 Real Property Tax Transfer 90,549.01 2,500,563.33 Aug '12 Escrow Refund - Waipi`o 25.00 2,500,588.33 Aug '12 Interest 169.91 2,500,758.24 Sept '12 Real Property Tax Transfer 2,051,554.63 4,552,312.87 Sept '12 Interest 169.92 4,552,482.79 Oct '12 Interest 17,842.82 4,570,325.61 Dec '12 Interest 473.93 4,570,799.54 Dec '12 Real Property Tax Transfer 185,929.25 4,756,728.79 Jan '13 Interest 310.58 4,757,039.37 Feb '13 Interest 319.56 4,757,3 5 8.93 Feb '13 Escrow Deposit - Kaiholena South 50,000.00 4,707,3 5 8.93 Mar '13 Interest 289.34 4,707,648.27 Mar '13 Real Property Tax Transfer 1,244,740.51 5,952,388.78 Apr '13 Interest 319.54 5,952,708.32 May '13 Interest 361.08 5,953,069.40 June '13 Interest 407.63 5,953,477.03 June '13 Kaiholena South Purchase 2,523,730.45 3,429,746.58 June '13 Real Property Tax Transfer 525,735.26 3,955,481.84 June '13 Interest 297.55 3,955,779.39 Aug '13 Escrow Refund - Kaiholena South 15.00 3,955,794.39 Aug '13 Interest 269.62 3,956,064.01 Aug '13 Interest (transfer to Maint. Fund) 13.30 3,956,050.71 Appraisal for White Sands Mauka(3) 7-7- Aug '13 08:21 & 23; & `O`oma(3) 7-3-09:04 4,166.64 3,951,884.07 Sept '13 Interest(transfer to Maint. Fund) 14.88 3,951,869.19 Sept '13 Interest 283.69 3,952,152.88 " " Real Property Tax Transfer 2,327,042.92 6,279,195.80 Oct '13 Interest 16,311.35 6,295,507.15 Nov '13 Interest 269.92 6,295,777.07 Dec '13 Real Property Tax Transfer 120,344.02 6,416,121.09 Dec '13 `O`oma Purchase (7-3-09:04) 6,234,949.33 181,171.76 Jan '14 Escrow Refund - `O`oma 15.50 181,187.26 Jan '14 `O`oma Purchase Donation from 2,000,000.00 2,181,187.26 Kohanaiki Shores, LLC County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of December 31, 2017) Date Description Deposit Expenditure Balance Jan '14 Interest 669.08 2,181,856.34 Feb '14 Title Report - Pohoiki (1-3-08:34) 364.58 2,181,491.76 Feb '14 Interest 13.58 2,181,505.34 Mar '14 Interest 133.91 2,181,639.25 Mar '14 Real Property Tax Transfer 1,921,831.46 4,103,470.71 Apr'14 Interest 148.25 4,103,618.96 May '14 Conservation District Use Application Fee - 2,500.00 4,101,118.96 Pohoiki (1-3-08:34) May '14 Interest 241.69 4,101,3 60.65 May '14 Archaeological Inventory Survey for 35,000.00 4,066,360.65 Pohoiki (1-3-08:34) June '14 Interest 547.56 4,066,908.21 June '14 Real Property Tax Transfer 92,008.08 4,15 8,916.29 Yellowbook Appraisal for Kahuku (9- July '14 2-01:75) 20,200.00 4,13 8,716.29 July '14 Appraisal for Wai'opae (Vacationland Land Trust Property (1-4-02:22) 2,916.64 4,135,799.65 Aug '14 Escrow Deposit - White Sands Mauka (7-7-08:21 & 23) 100,000.00 4,035,799.65 Sept '14 White Sands Mauka Purchase (7-7-08:21 & 23) 2,909,330.02 1,126,469.63 Sept '14 Interest 280.97 1,126,750.60 Sept '14 Real Property Tax Transfer 2,509,775.17 3,636,525.77 Oct '14 Interest 417.02 3,636,942.79 Oct '14 Escrow Refund - White Sands Mauka 5,180.01 3,642,122.80 Dec '14 Interest 8,587.83 3,650,710.63 Dec '14 Real Property Tax Transfer 110,123.59 3,760,834.22 Jan '15 Survey for Pohoiki (1-3-08:34) 6,856.84 3,753,977.38 Jan '15 Escrow Deposit - Banyan Trees (Hawi) 50,000.00 3,703,977.38 Feb '15 Yellowbook Appraisal Review for Kahuku - (9-2-01:75) 1,250.00 3,702,727.38 Feb '15 Interest 494.97 3,703,222.35 Feb '15 Escrow Deposit - Pohoiki (1-3-08:34) 160,250.00 3,542,972.35 Feb '15 Banyan Trees (Hawi) Acquisition - (5-5-15:42) 703,643.01 2,839,329.34 Feb '15 Escrow Refund - Banyan Trees (Hawi) 31.00 2,839,360.34 Mar '15 Interest 201.12 2,839,561.46 Mar '15 Real Property Tax Transfer 2,022,118.86 4,861,680.32 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of December 31, 2017) Date Description Deposit Expenditure Balance Apr'15 Title Report - Kahuku (9-2-01:75) 364.58 4,861,315.74 Apr'15 Interest 192.99 4,861,508.73 May '15 Interest 262.07 4,861,770.80 June '15 Phase I ESA - Kahuku (9-2-01:75) 8,168.00 4,853,602.80 June '15 Interest 650.22 4,854,253.02 June '15 Real Property Tax Transfer 76,207.41 4,930,460.43 July'15 Boundary Survey- Kahuku (9-2-01:75) 21,590.24 4,908,870.19 Sept' 15 Escrow Deposit - Kahuku (9-2-01:75) 50,000.00 4,858,870.19 Sept '15 Interest 6,426.45 4,865,296.64 Sept '15 Real Property Tax Transfer 2,636,480.00 7,501,776.64 Oct '15 Interest 322.83 7,502,099.47 Nov '15 Pohoiki Acquisition (1-3-08:97) 1,445,884.11 6,056,215.36 Nov '15 Interest 407.42 6,056,622.78 Dec '15 Interest 458.45 6,057,081.23 Dec '15 Real Property Tax Transfer 135,185.48 6,192,266.71 Jan '16 Appraisal Report - (9-5-12:05) 1,041.66 6,191,225.05 Jan '16 Interest 411.57 6,191,636.62 Feb '16 Interest 370.87 6,192,007.49 Mar'16 Escrow Deposit - Kahua Olohu (9-5-12:05) 50,000.00 6,142,007.49 Mar'16 Interest 374.44 6,142,3 81.93 Mar '16 Real Property Tax Transfer 2,076,530.35 8,218,912.28 Apr'16 Interest 418.33 8,219,3 3 0.61 May '16 Interest 480.49 8,219,811.10 June '16 Interest 558.50 8,220,369.60 June '16 Acquisition - Kahua Olohu (9-5-12:05) 120,879.66 8,099,489.94 June '16 Real Property Tax Transfer 121,291.43 8,220,781.37 June '16 Interest 540.52 8,221,321.89 July '16 Boundary Staking - Waipi`o (4-8-04:06) 2,832.24 8,218,489.65 Aug '16 Interest 558.60 8,219,048.25 Sept '16 Real Property Tax Transfer 2,876,000.00 11,095,048.25 Oct '16 Interest 11,414.26 11,106,462.51 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Fund Accounting Report (as of December 31, 2017) Date Description Deposit Expenditure Balance Nov '16 Acquisition - Kahuku Coastal Property: (9-2-01:75) 721,979.12 10,384,483.39 Nov '16 Shoreline Certification Survey (1-4-02:22) 21,638.79 10,362,844.60 Nov '16 Shoreline Certification Application Fee (1-4-02:22) 75.00 10,362,769.60 Nov '16 Escrow Refund - Kahuku Coastal Property (9-2-01:75) 62.00 10,362,831.60 Nov '16 Interest 1,719.43 10,364,551.03 Dec '16 Real Property Tax Transfer 123,548.08 10,488,099.11 Jan '17 Interest 1,250.46 10,489,349.57 Feb '17 Land Court Subdivision Fee - Pohoiki (1-3-08:97) 106.00 10,489,243.57 Feb '17 Interest 751.33 10,489,994.90 Mar'17 Real Property Tax Transfer 2,230,912.85 12,720,907.75 Apr'17 Interest 1,396.17 12,722,303.92 Apr '17 Shoreline Certification Survey (1-4-02:22) 2,404.31 12,719,899.61 May '17 Interest 1,121.01 12,721,020.62 June '17 Appraisal Report - (5-3-07:22) 1,770.82 12,719,249.80 June '17 Interest 1,229.99 12,720,479.79 June '17 Real Property Tax Transfer 97,623.16 12,818,102.95 June '17 Interest 1,364.56 12,819,467.51 Aug '17 Appraisal Report - Hakalau TMK No.: (3) 2-9-02:23, 79, 81 6,800.00 12,812,667.51 Sep '17 Appraisal Report - Waiopae TMk No.: (3) 1-4-02:22 2,916.65 12,809,750.86 Oct '17 Real Property Tax Transfer 4,193.21 12,813,944.07 Nov '17 Adj. Interest (Nov'16) 62.00 12,813,882.07 Dec '17 Real Property Tax Transfer (Sept '17) 3,190,000.00 16,003,882.07 Dec '17 Escrow Deposit - Hale 0 Kaili (3) 5-3-07:22 50,000.00 15,953,882.07 Dec '17 Interest (Oct '17) 2,263.84 15,956,145.91 Dec '17 Interest (Nov '17) 1,415.74 15,957,561.65 Dec '17 Interest (Dec '17) 1,5 51.25 15,959,112.90 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Maintenance Fund , Accounting Report (as of December 31, 2017) Date Vendor Description Deposit Expenditure Balance - Mar'13 Real Property Tax Transfer 153,236.46 153,236.46 June '13 Real Property Tax Transfer 65,716.91 218,953.37 July '13 Interest 26.87 218,980.24 Aug '13 Wes Thomas Partial Boundary Stakeout Associates Kipapa Park - TMK: (3) 7-7-08:31 998.43 217,981.81 " " Interest 13.30 217,995.11 " " Lealiiee Services Kipapa Park Burial Treatment Plan TMK: (3) 7-7-08:20, 31 & 100 15,000.00 202,995.11 Sept '13 " 7,500.00 195,495.11 Sept '13 Wes Thomas Partial Boundary Stakeout Associates Kipapa Park - TMK: (3) 7-7-08:31 457.57 195,037.54 " " Interest 14.88 195,052.42 Real Property Tax Transfer 290,880.37 485,932.79 Oct '13 Lealiiee Services Kipapa Park Burial Treatment Plan TMK: (3) 7-7-08:20, 31 & 100 10,500.00 475,432.79 1 Oct '13 Interest 2,020.80 477,453.59 Nov '13 Interest 13.32 477,466.91 Dec '13 Real Property Tax Transfer 15,043.00 492,509.91 Jan '14 Interest 57.13 492,567.04 Feb '14 Interest 32.49 492,599.53 Mar '14 Interest 30.23 492,629.76 Mar'14 Kona Lua Kipapa Park ADA Compliant Portable Toilet Rental 305.00 492,324.76 Mar'14 Real Property Tax Transfer 240,228.93 732,553.69 Apr'14 Interest 33.47 _ 732,587.16 May '14 Interest 43.15 732,630.31 May '14 Geometrician Flora& Fauna Study for Pa`o`o, Associates, LLC Kaiholena, Kawa& Kipapa Park 3,702.15 728,928.16 June '14 " 21,020.65 707,907.51 June '14 Interest 97.86 708,005.37 June '14 Real Property Tax Transfer 11,501.01 719,506.38 Aug '14 Geometrician Flora& Fauna Study for Pa`o`o, Associates, LLC Kaiholena, Kawa& Kipapa Park 20,250.20 699,256.18 Aug '14 West Hawai`i Ad Cost - Notice for Stewardship Today Grant Application 419.34 698,836.84 Aug '14 Hawaii Tribune Ad Cost -Notice for Stewardship Herald Grant Application 1,029.60 697,807.24 Aug '14 Geometrician Flora& Fauna Study for 'O'oma Associates, LLC 9,120.00 688,687.24 Sept '14 Interest 48.93 688,736.17 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Maintenance Fund Accounting Report (as of December 31, 2017) Date Vendor Description Deposit Expenditure Balance Sept '14 Real Property Tax Transfer 313,721.90 1,002,458.07 Oct '14 Interest 96.44 1,002,554.51 Oct '14 Geometrician Flora& Fauna Study for Pa`o`o, Associates, LLC Kaiholena, Kawa& Kipapa Park 2,367.00 1,000,187.51 Nov '14 Geometrician Associates, LLC Flora& Fauna Study for `O`oma 9,405.00 990,782.51 Nov '14 ASM Affiliates, Kaiholena Lands Archaeological Inc. Study 54,625.00 936,157.51 Dec '14 Interest 96.21 936,253.72 Dec '14 ASM Affiliates, Kaiholena Lands Archaeological Inc. Study 30,875.00 905,378.72 Dec '14 Real Property Tax Transfer 13,765.44 919,144.16 Dec '14 Interest 1,050.45 920,194.61 Feb '15 Geometrician Associates, LLC Flora& Fauna Study for `O`oma 975.00 919,219.61 Feb '15 Interest 134.55 919,354.16 Mar '15 Interest 56.79 919,410.95 Mar'15 Real Property Tax Transfer 252,764.86 1,172,175.81 Apr '15 Alawiki Green Waste Hauling for `O`oma Disposal, LLC 255.21 1,171,920.60 Apr '15 Interest 62.51 1,171,983.11 May '15 Alawiki Green Waste Hauling for `O`oma Disposal, LLC 510.41 1,171,472.70 May '15 Interest 69.89 1,171,542.59 June '15 Hawaii Grower Liquid Herbicide Products, Inc. 104.40 1,171,43 8.19 June '15 Interest 156.73 1,171,594.92 June '15 Real Property Tax Transfer 9,525.93 1,181,120.85 Aug '15 (OPI) West Ad Cost - Notice for Stewardship Hawai`i Today Grant Application 675.69 1,180,445.16 Aug '15 (OPI) Hawaii Ad Cost - Notice for Stewardship Tribune Herald Grant Application 898.97 1,179,546.19 Sept '15 Interest 880.02 1,180,426.21 Sept '15 Real Property Tax Transfer 329,560.00 1,509,986.21 Oct '15 Townscape, Inc. Kawa Lands Resources Management Plan 5,000.00 1,504,986.21 Oct '15 Interest 77.65 1,505,063.86 Nov '15 Townscape, Inc. Kawa Lands Resources Management Plan 12,000.00 1,493,063.86 Nov '15 Interest 89.60 1,493,153.46 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Maintenance Fund Accounting Report (as of December 31, 2017) Date Vendor Description Deposit Expenditure Balance Dec '15 Townscape, Inc. Kawa Lands Resources Management Plan 11,000.00 1,482,153.46 Dec '15 Allied Machinery 15 Bandit Model 990XP Brush Chipper 43,645.55 1,438,507.91 Dec '15 Interest 99.12 1,438,607.03 Dec '15 Real Property Tax Transfer 16,898.19 1,455,505.22 Jan '16 Townscape, Inc. Kawa Lands Resources Management Plan 9,000.00 1,446,505.22 Jan '16 Pohaha I Ka Lani Stewardship Grant Agreement - Waipi`o Valley Lookout; (3) 4-8- 04:06 41,750.00 1,404,755.22 Jan'16 Interest 102.28 1,404,857.50 Feb '16 Townscape, Inc. Kawa Lands Resources Management Plan 15,000.00 1,389,857.50 Feb '16 Interest 101.04 1,389,958.54 Mar'16 Townscape, Inc. Kawa Lands Resources Management Plan 12,000.00 1,377,958.54 Mar'16 Interest 91.85 1,378,050.39 Mar '16 Real Property Tax Transfer 259,566.29 1,637,616.68 Apr '16 Townscape, Inc. Kawa Lands Resources Management Plan 15,000.00 1,622,616.68 Apr'16 Interest 94.93 1,622,711.61 May '16 Townscape, Inc. Kawa Lands Resources Management Plan 12,000.00 1,610,711.61 May '16 Interest 100.68 1,610,812.29 May '16 Geometrician Flora& Fauna Study for Waipi`o Associates, LLC Valley Lookout; (3) 4-8-04:06 1,600.00 1,609,212.29 June '16 Townscape, Inc. Kawa Lands Resources Management Plan 15,000.00 1,594,212.29 June '16 Interest 216.78 1,594,429.07 June '16 Real Property Tax Transfer 15,161.42 1,609,590.49 June '16 Townscape, Inc. Kawa Lands Resources Management Plan 15,000.00 1,594,590.49 Aug '16 Townscape, Inc. Kawa Lands Resources Management Plan 2,000.00 1,592,590.49 Aug '16 (OPI) West Ad Cost - Notice for Stewardship Hawai`i Today Grant Application 621.63 1,591,968.86 Aug '16 (OPI) Hawaii Ad Cost - Notice for Stewardship Tribune Herald Grant Application 827.05 1,591,141.81 Aug '16 Interest 109.13 _ 1,591,250.94 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Maintenance Fund Accounting Report (as of December 31, 2017) Date Vendor Description Deposit Expenditure Balance Sept '16 Townscape, Inc. Kawa Lands Resources Management Plan 17,000.00 1,574,250.94 Sept '16 Real Property Tax Transfer 359,500.00 1,933,750.94 Oct '16 Pohaha I Ka Lani Stewardship Grant Agreement - Waipi`o Valley Lookout; (3) 4-8- 04:06 16,700.00 1,917,050.94 Oct '16 Townscape, Inc. Kawa Lands Resources Management Plan 10,000.00 1,907,050.94 Oct '16 Interest 1,426.79 1,908,477.73 Nov '16 Townscape, Inc. Kawa Lands Resources Management Plan 10,000.00 1,898,477.73 Nov '16 Interest 321.84 1,898,799.57 Dec '16 Pohaha I Ka Lani Stewardship Grant Agreement - Waipi`o Valley Lookout; (3) 4-8- 04:06 16,700.00 1,882,099.57 Dec '16 Townscape, Inc. Kawa Lands Resources Management Plan 12,000.00 1,870,099.57 Dec '16 Real Property Tax Transfer 15,443.52 1,885,543.09 Jan '17 Townscape, Inc. Kawa Lands Resources Management Plan 3,000.00 1,882,543.09 Jan '17 Big Island Goat Land Maintenance & Clearing - Dozers, LLC Kipapa Park (3) 7-7-08:31 2,800.00 1,879,743.09 Jan '17 Interest 231.02 1,879,974.11 Feb '17 Townscape, Inc. Kawa Lands Resources Management Plan 6,000.00 1,873,974.11 Feb '17 Big Island Goat Land Maintenance & Clearing - Dozers, LLC Kipapa Park (3) 7-7-08:31 7,621.20 1,866,352.91 Feb '17 Pohaha I Ka Lani Stewardship Grant Agreement - Waipi`o Valley Lookout; (3) 4-8- 04:06 8,350.00 1,858,002.91 Feb '17 Interest 130.28 1,858,133.19 Big Island Goat Land Maintenance & Clearing - Mar '17 Dozers, LLC Kipapa Park (3) 7-7-08:31 1,668.30 1,856,464.89 Mar '17 (OPI) Star Ad Cost-Notice of Public Meeting- Advertiser Kawa Draft Resources Management Plan 507.78 1,855,957.11 Mar'17 (OPI) West Ad Cost-Notice of Public Meeting- Hawai`i Today Kawa Draft Resources Management Plan 184.28 1,855,772.83 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Maintenance Fund Accounting Report (as of December 31, 2017) Date Vendor Description Deposit Expenditure Balance Mar '17 (OPI) Hawaii Tri Ad Cost - Notice of Public Meeting - Kawa Draft Resources Management Plan 248.65 1,855,524.18 Plan 10,000.00 1,845,524.18 Mar '17 Real Property Tax Transfer 278,864.10 2,124,388.28 Apr '17 Townscape, Inc. Kawa Lands Resources Management Plan 15,000.00 2,109,388.28 Apr 17 Interest 251.84 2109,640.12 Apr '17 Island Survey Boundary Survey - Kahua Olohu Inc. (3) 9-5-12:05 6,044.72 2,103,595.40 May '17 Interest 200.65 2,103,796.05 May '17 Pohaha I Ka Lani Stewardship Grant Agreement - Waipi`o Valley Lookout; (3) 4-8-04:06 47,250.00 2,056,546.05 May '17 Townscape, Inc. Kawa Lands Resources Management Plan 6,000.00 2,050,546.05 June '17 Interest 213.80 2,050,759.85 June '17 Townscape, Inc. Kawa Lands Resources Management Plan 6,000.00 2,044,759.85 June '17 Real Property Tax Transfer 12,202.90 2,056,962.75 June '17 Interest 219.96 2,057,182.71 July '17 Big Island Goat Land Maintenance & Clearing - Dozers, LLC Kahua Olohu (3) 9-5-12:05 9,000.00 2,048,182.71 Aug '17 Townscape, Inc. Kawa Lands Resources Management Plan 3,000.00 2,045,182.71 Aug '17 (OPI)Hawai`i Ad Cost - Notice for Stewardship Tribune Herald& Grant Application West Hawaii Today 818.25 2,044,364.46 Aug '17 Haun& Kipapa Park Archaeological Survey Associates (3) 7-7-08:20 31, & 100 21,000.00 2,023,364.46 Aug '17 ASM Affiliates Kahua Olohu, Ka'u Archaeological Survey(3) 9-5-12:05 14,500.00 2,008,864.46 Aug '17 Big Island Goat Land Maintenance & Clearing - Dozers, LLC Kahua Olohu (3) 9-5-12:05 6,000.00 2,002,864.46 Aug '17 Big Island Goat Land Maintenance & Clearing - Dozers, LLC Kahua Olohu (3) 9-5-12:05 6,000.00 1,996,864.46 Sep '17 Hawai`i Wildlife Stewardship Grant Agreement - Fund Kawa 6,600.00 1,990,264.46 Sep '17 Na Mamo 0 Stewardship Grant Agreement - Kawa Kawa 24,425.00 1,965,839.46 County of Hawai'i Public Access, Open Space and Natural Resources Preservation Maintenance Fund Accounting Report (as of December 31, 2017) Date Vendor Description Deposit Expenditure Balance Sep '17 Big Island Goat Land Maintenance & Clearing - Dozers, LLC Kahua Olohu (3) 9-5-12:05 6,000.00 1,959,839.46 Oct '17 Big Island Goat Land Maintenance & Clearing - Dozers, LLC Kahua Olohu (3) 9-5-12:05 6,000.00 1,953,839.46 Oct '17 Interest for Aug, Sep, Oct 673.98 1,954,513.44 Oct '17 Big Island Goat Land Maintenance & Clearing - Dozers, LLC Kahua Olohu (3) 9-5-12:05 2,882.90 1,951,630.54 Oct '17 Pohaha I Ka Lani Stewardship Grant Agreement - Waipi`o Valley Lookout; (3) 4-8-04:06 18,900.00 1,932,730.54 Nov '17 Geometrician Flora& Fauna Study for Kahua Associates, LLC Olohu and Pohiki Bay 6,200.00 1,926,530.54 Dec '17 (Sep '17) Real Property Tax Transfer 398,750.00 2,325,280.54 Dec '17 Interest for Oct 282.97 2,325,563.51 Dec '17 Interest for Nov 225.70 2,325,789.21 Dec '17 354.17 2,325,435.04 Dec '17 Haun& Archaeological Inventory Survey Associates (3) 7-7-08:20, 31, 100 16,000.00 2,309,435.04 Dec '17 Interest for Dec 233.94 2,309,668.98 JA County r • � tly lT f d � �r M X� •. ra r �. a .. � r • p � ^� N �a� /Y 4'710 �:T W4�r •qi ,r ws�",atu:p^-''1,p". ""� . g=� - �` +•.,fin S� Pub lic AC�ce--ass, Open Spac'',e and Natural Resources............ ry Preservax-i�on Commission r . Rep' W* " JP - •r 1 t R AI I f r r R .Iti f tl 6r, to theK1V1a Or:tl x Y .. ;rDecem r 28 201. aZ .!. , Photo• Courtesy of The Nature Conservancy" " Wa lz`;arpuna4,� Kahilipaliliki, liahilipalinui ;� ' Iia'u, Island of Hawaii Harry Kim Mayor Wil Okabe Managing Director Barbara J. Kossow Deputy Managing Director � ODUN of t ` Mf ir-D of fhD ffla r 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323.4440 Honorable Harry Kim, Mayor County of Hawai'i 25 Aupuni Street Hilo, Hawai'i 96720 Dear Mayor Kim: Attached is the 2017 Annual Report of the County of Hawai'i Public Access, Open Space and Natural Resource Preservation Commission (PONC), pursuant to Section 2-217 (2) of the Hawai'i County Code. This has been an exciting and momentous year not only for our community, but also for our commission. We have learned so much about the many different cultural areas and historical sites that we were never aware of, due to the diligence of local communities, various organizations, and other concerned constituents trying to seek out the help of the PONC Commission. This gave us the opportunity to collaborate with the administration, fine-tune the process for the applicants, the commissioners, in order to recommend in our advisory capacity, the best use for the PONC Preservation Fund. During our commission meetings, we heard the testimonies of many individuals in bringing an awareness of the importance of our culture and of our recommendations. We hope to set precedence in the quality of our culture and how we as a community can become a generation that will leave a legacy in communication, maintenance, and preservation of these cultural sites for the PONC Maintenance Fund. Thank you for your support and the staff of the County of Hawai'i, including these that have been patient with all of us, Maxine Cutler (Commission Secretary), Amy Self (Deputy Corporation Counsel), and Hamana Ventura (Property Manager) have all guided us with excellent advice in going forward. Again, thank you especially for your continued support for PONC funding and time in considering our recommendations. We could not do our important work without you. au me ka ha'ah 'a, t is Nazara, Chair Commissioners: Chair Cynthia Nazar , Vir Chair Kekaulike Tomich, Timothy DeLozier, Kai'ena Bishaw II, Dr. Wayne Frank, Rene'Siracusa, Fredrick "Rick" Warshauer, and Susan Fischer County of Hawai `i is an Equal Opportunity Provider and Employer. County of Hawaii Public Access, Open Space and Natural Resources Preservation Commission (PONC) 2017 ANNUAL REPORT TO THE MAYOR December28, 2017 INTRODUCTION: The Hawaii County Public Access, Open Space, and Natural Resources Preservation Commission (PONC) is submitting this 2017 Annual Report and Prioritized List (Appendix 1) to the Mayor pursuant to Section 2-217 of the Hawaii County Code, 1983, 2005 Edition (Appendix 2). The Commission is advisory to the Mayor and is responsible for annually submitting a prioritized list of lands to be considered for acquisition. The Commission has also compiled a report on the Status of all Properties on Past Prioritized Lists, providing detailed information for each property (Appendix 3) and an Acquisition Status Report (Appendix 4) that provides a list of properties that were acquired and includes the different funding sources used for each acquisition. This Commission has provided a Comprehensive List of all properties that have been submitted by the public (Appendix 5), since the inception of the Commission; attests to the informed participation of community groups and individual citizens interested in the preservation of our island's resources. In 2012 Hawaii County voters approved two charter amendments which impacted this Commission. The first charter amendment created by Article 10, Section 10-15, PONC Fund (FUND), sets aside 2% of Hawaii County's property taxes each year to acquire properties as listed in the amendment (Appendix 6). The second charter amendment which can be found in Article 10, Section 10-16, Public Access, Open Space, and Natural Resources Preservation Maintenance Fund (Appendix 7), provides funding for maintaining properties acquired by the FUND and contains a list of permitted maintenance uses. Included in this report is an appendix describing the Process for Property Acquisition (Appendix 8) so that the public may be better informed as to how properties are acquired using the FUND. COMMISSION MEMBERS (Biographies Appendix 13) Cynthia S.H. Nazara, Chair, District 7 (Term: December 31, 2014 -December 31, 2019) Kekaulike P. Tomich, Vice -Chair, District 8, (Term: December 31, 2015 - December 31, 2020) Timothy DeLozier, Commissioner, District 1, (Term: December 31, 2012 - December 31, 2017) David Kai`ena Bishaw II, Commissioner, District 2 (Term: December 31, 2014 - December 31, 2019) William "Willy" Meyers, Commissioner, District 3, (Term: December 31, 2013 - September 11, 2017) Dr. Wayne Frank, Commissioner, District 4, (Term: June 30, 2017 - December 31, 2017) Ren6 Siracusa, Commissioner, District 5 (Term: December 31, 2013 - December 31, 2018) Frederick "Rick" Warshauer, Commissioner, District 6, (Term: June 30, 2017 - December 31, 2022) Susan E. Wells Fischer, Commissioner, District 9, (Term: December 31, 2015 -December 31, 2020) Page 1 PRIORITIZED LIST The 2017 Prioritized List is as follows: Priority Comm. Percentage Commission Name of Site Tax Map Key(s) No. No. 17- Results Scores or Project Third Division 1 011 91.41 351 Waikapuna, 9-5-07:16 2 16-021 30.09 130 Kahilipali'iki and 3 17-012 N/A N/A Pololu Lookout: Withdrawn by the original submitter. Kahilipalinui 2 005 90.89 349 Hapu'u to Kapanai'a 5-2-07:04, 27; 5 -3 - Cultural Corridor 007:22, 23, 26, 32, 33 3 004 90.10 346 Mahukona 5-7-02:03, 11; 5-3- 07:02, 03, 07, 08, 10, 18 4 008 87.76 337 Lamaloloa 5-7-01:20 5 006 86.20 331 Halelua 5-3-07:10 6 010 80.47 309 Kahilipali lki, 9-5-07:05, 08, 16 Kahilipali Nui and W aikapuna 7 013 80.47 309 'Io Lani Kea Trust- 8-7-11:02 The Lost City 8 007 72.14 277 Kukuipahu -Haena 5-6-01:13, 16, 18, 42, Corridor 49, 50, 89 to 107 9 009 69.79 268 Keawenui 5-8-01:05 10 014 54.43 209 Ka'u Sugar Mill Park 9-6-02:16, 25 In developing the 2017 Prioritized List, the Commission formed an Ad Hoc Committee to conduct site visits and interviews pertaining to selected properties submitted on the 2017 Suggestion Forms. The Commission also heard public testimony and reviewed written testimony related to those submissions. The Commission developed its prioritized ranking order based upon reported urgency, anticipated use, significance, benefit to the public, special opportunities available for acquisition, and management plan. This year's total possible score based on the total number of commissioners was 384. In 2015, the Commission amended its' rules (Appendix 9) to include only those properties that scored 50% or higher on the prioritized list for consideration. (Appendix 1 for detailed descriptions and maps of these prioritized properties.) Whereas, two properties that were nominated and received failed to meet the 50% or higher threshold and one nomination was withdrawn by the original submitter. See chart below. Priority Comm. Percentage Commission Name of Site Tax Map Key(s) No. No. Results Score or Project Third Division 1 16-020 33.80 146 Kaupalaoa 5-8-01:10 2-7-27:65 2 16-021 30.09 130 Mill Road 3 17-012 N/A N/A Pololu Lookout: Withdrawn by the original submitter. 5-2-01:02, 03 Page 2 STATUS OF PROPERTIES ON PAST PRIORITIZED LISTS AND ACQUISITIONS Past prioritized lists were compiled in the Status of Properties on Past Prioritized Lists from 2006-2016 (Appendix 3). The Commission recommends that properties from previous prioritized lists continue to be pursued as far as possible unless, the County has already acquired the property; the property no longer meets the criteria for inclusion (Appendix 8); there are insufficient funds available for acquisition; or the County Council has not passed a resolution that would allow the property to be acquired. COMPREHENSIVE LIST OF PROPERTIES SUBMITTED BY THE PUBLIC The Comprehensive List of Properties (Appendix 5) is a sequential listing by tax map key number of all properties submitted by the public since 2006. COMMISSION MEETINGS Meeting dates and location for 2017 were: January 9 Kona September 11 Kona March 13 Hilo October 9 (Special Meeting) Hilo May 8 Kona November 13 Hilo July 10 Hilo At each of these meetings the Commission welcomed testimony from the public. With an increase of public interest and attendance by landowners and other interested parties continues in the PONC acquisitions. In addition to these meetings, commissioners present gathered information of the program and the application process at various community developmentmeetings. To give equal opportunity to the public every year, the last and first meetings will alternate between Hilo and Kona so that at different stages all regions of the island can contribute equally into the process. In addition to these meetings, the Commission appointed four of its members to a special sub -committee (Ad Hoc) to conduct site visits to nominated properties that com- missioners felt would be helpful to see in person. Members of the PONC Ad Hoc Committee was charged with conducting site visits, interview interested applicants, and reports back to the commission of their findings at regularly scheduled meeting. SUGGESTION FORM The Suggestion Form [revised November 13, 2017] (Appendix 10) is available to the public by request through the County Finance Department or on-line at the web -site below: http://records. co.hawaii.hi.us/Weblink8/Browse. aspx?dbid= l &startid=13770 The Commission considered properties identified on these forms that were submitted by the public when creating the 2017 Prioritized List. A total of 13 Suggestion Forms were received from the public between July 1, 2016 and June 30, 2017. Page 3 ASSESSMENT CRITERIA FORM On November 13, 2017, the Commission took on the task to modify and update the current Assessment Criteria Form as allowed in the Rules of Practice and Procedure of the Hawai'i County. (Appendix 9) The modification effected all three criteria requirements and scoring. This modification gave a clear transparency to determine the prioritized results. For the scoring: Criteria 1, changed from 20 to 40; Criteria 2, changed from 16 to 30, and Criteria 3, changed from 16 to 30; resulting in a total of 100 points. (Appendix 11). This Assessment Criteria Form was utilized to assess the suggestion forms received during the aforementioned time period. STEWARDSHIP GRANTS In 2012 Hawaii County voters approved a charter amendment which can be found in Article 10, Section 10-16, Public Access, Open Space, and Natural Resources Preservation Maintenance Fund, which provides funding for maintaining properties acquired by the PONC Fund. In 2017, the PONC Commission expressed their concerns in assisting the County Department of Parks and Recreation (P&R) in revising the current Stewardship Grant Application for the task of reviewing eligible applications and making funding recommend - dations to P&R. Historically, the first of these grants, awarded in 2015, to stewardship project that began in 2016. P6haha I Ka Lani was the first recipient of the stewardship grant for the beautiful Waipi`o Valley Lookout. Since then, seven additional eligible Stewardship Grant Applications (Appendix 12) were received by P&R and passed on to the PONC Commission to review and advise funding recommendations. All seven applications were recommended for funding at PONC's Special Meeting held on October 9, 2017; providing they met the requirements as defined in the Hawaii County Charter Section 10-16(g). The PONC Commission looks forward to working with P&R and with legal counsel to modify and clarify the grant application process "making it user friendly" and as an effective tool for the County to use to help steward the properties which are purchased with PONC funding. COMMISSION AND COMMUNITY RECOMMENDATIONS AND CONCERNS The following is a listing of recommendations and concerns identified by the Commission: ➢ The commissioners will continue to seek education and training in all aspects of land acquisition to better accomplish the Commissions' goals. ➢ The Commission encourages the public to re -nominate properties that do not have a current County resolution or have not been purchased. ➢ The Commission is very concerned about the process and the form that is currently being used for Stewardship Grant applications. There is also some lack of clarity about what expenses are eligible for funding using the Maintenance Fund. ➢ The Commission encourages non-profit community groups to apply for stewardship grants. Page 4 NEXT STEPS ➢ Schedule six Commission meetings alternating between Kona and Hilo in 2018. Due to budget cuts no, other additional meetings are needed. ➢ Strive to schedule meetings with Community Development Action Plan Committees and other community groups to explain the process for property acquisition and the use of the FUND. ➢ Publicize the meeting schedule and encourage the public to submit or re -submit suggestion forms by the last day of February. ➢ Encourage potential partnerships with other governmental agencies, non-profit organi- zations, and private entities for land/entitlement acquisitions. ➢ Identify partnerships with non-profit organizations, community groups, and volunteer organizations to provide management for acquired properties. ➢ Publicize meeting schedule, agendas, and encourage the public to submit or re -submit Stewardship Grant Application with P&R by August 31st ➢ Submit Annual Report and Prioritized List to the Mayor by December 31, 2018. APPENDICES 1. 2017 Prioritized Properties 2. Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition) 3. Status of Properties on Past Prioritized Lists from 2006-2016 4. Acquisition Status Report (as of 12/28/2017) 5. Comprehensive List of Properties Submitted by the Public 6. Article 10, Section 10-15, Hawaii County Charter (2012 Edition) 7. Article 10, Section 10-16, Hawaii County Charter (2012 Edition) 8. Process for Property Acquisition with Funds from the PONC Fund 9. Rules of Practice and Procedure of the Hawaii County Public Access, Open Space and Natural Resources Preservation Commission (revised 12/28/15) 10. Suggestion Form (revised 11/13/17) 11. Assessment Criteria Form (revised 11/13/17) 12. 2017 List of PONC Stewardship Grant Applications Submitted 13. 2017 Biographies of the Commission Page 5 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, < 1111 1 111 i APPENDIX TO THE FI RST 2017 Prioritized List December 28, 2017 AD CL 0 'r- AL .N .2 10 .2 0 0 M O. 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SiSm aEE;EN «t O\ )ni6 �,. ,�,,, » 0 § E LL ¥ E/ M 0) .� / C A E ¥ 2-1 O � \ - j o U� � FW, ` r ..�_ eco �o co c c rn Lo 0 0 0 0 O O L-0 L-0 O Y a o co rn 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 1.0 LO zQ a GQ jm um�2' OIV '-'ma a�m O w go g` ti m ti m Oa s.p o rnt 1psc uia-m�c L L U C (B C LL O E j m D ami c 0 E � � cu •� CU O >, c � 0 0 06 Ud � x, a` 3 � Qui •'' ,.' c =� � o rii ., c ow 73 1 l� a �Q o Ir occ COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE SECOND H.C.0 CHAPTER 2, ARTICLE 42 December 28, 2017 § 2-211 HAWAI'l COUNTY CODE Section 2-211. Dissolution of the fund. The disaster and emergency fund shall not be dissolved unless such dissolution is approved by a two-thirds vote of the County council. (2004, ord 04-4, sec 2.) Section 2-212. Reimbursement from grants. If the County should receive reimbursement for money advanced by the disaster and emergency fund, the grant money shall return to the disaster and emergency fund. (2004, ord 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 04-4, sec 2.) Article 42. Public Access, Open Space, and Natural Resources Preservation. Section 2-214. Repealed. (2005, ord 05-85, sec 2; am 2005, ord 05-166, sec l; am 2006, ord 06-151, sec l; ord 06-169, sec l; am 2007, ord 07-21, sec l; am 2009, ord 09-66, sec 2; am 2013, ord 13-31, sec 2; rep 2015, ord 15-97, sec 3.) Section 2-214.1. Public access, open space, and natural resources preservation fund. (a) A public access, open space, and natural resources preservation fund is hereby established. This special fund shall be administered and managed by the finance department. Monies deposited shall be invested in a conservative interest-bearing account that will allow monies to be available for property acquisition and prevent any erosion of the f'und'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 section; (2) Council appropriations for the purposes of this section; (3) Any source of revenue dedicated by the Charter or the Code for the purposes of this section; (4) Grants and private contributions intended for the purposes of this section; (5) Two percent of Hawaii County real property tax revenues collected annually (including penalties and interest). Deposits will be made to the Fund on June 30, 2007 and then again on December 31, 2007, and on December 31 and June 30, in successive years, with deposits being calculated on all real property tax payments (including penalties and interest) received in the prior six months. Additional deposits and adjustments may be made at the discretion of the director of finance; mill] ADMINISTRATION § 2-214.1 (6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as received; and (7) Notwithstanding (b)(5) of this section, for the period from July 1, 2009 to June 30, 2011, no payments relating to this section shall be allocated or deposited, provided, however, that all payments accrued through June 30, 2009 shall be allocated and deposited by July 31, 2009. (c) The fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply. (d) The director of finance shall ensure that the following covenant is written and duly recorded as part of the deed of any property acquired pursuant to this section: "This land/easement was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawaii County and may not be sold, mortgaged, traded or transferred in any way." The director of finance shall select either "land" or "easement" based on the type of property acquired. (2005, ord 05-85, sec 2; am, ord 05-166, sec 1; am 2006, ord 06-151, sec 1; ord 06-169, sec 1; am 2007, ord 07-21, sec 1; am 2009, ord 09-66, sec 2; am 2013, ord 13-31, sec 2; am 2015, ord 15-97, sec 3-5.) Section 2-214.2. Public access, open space, and natural resources preservation maintenance fund. (a) Pursuant to section 10-16(c) of the Charter, a special fund known as the public access, open space, and natural resources preservation maintenance fund is established. The purpose of this special fund is to accrue and use moneys for maintenance of lands and easements acquired in full or in part by the public access, open space, and natural resources preservation fund. (b) Pursuant to section 10-16(c) of the Charter, the maintenance fund shall be administered and managed by the department of parks and recreation. Adequate staff to carry out the provisions of this article and section 10-16 of the Charter shall be provided in the department of parks and recreation. (c) The financial aspects of the maintenance fund shall be handled by the department of finance. Pursuant to sections 10-16(d), (e), and (f) of the Charter, deposits shall occur, and accounting, reports and financial statements from the department of finance shall be made. 2-91 § 2-214.2 HAWAII COUNTY CODE (d) Pursuant to section 10-16(g) of the Charter, this maintenance fund shall be used solely for expenditures directly related to its purpose. (e) Pursuant to section 10-16(h) of the Charter, and article 25 of this chapter, stewardship grants may be provided to 501(c)(3) nonprofit organizations or an organization operating under the umbrella of a 501(c)(3) nonprofit organization. (2015, ord 15-97, sec 6.) Section 2-215. Public access, open space, and natural resources preservation commission. (a) There is established a public access, open space, and natural resources preservation commission. There shall be nine members on this commission, appointed by the mayor and confirmed by the council. The members may be removed upon recommendation by the mayor and the approval of the council. One member shall reside in each County council district. The members shall serve staggered terms of five years. Upon initial appointment of the commission, one member shall be appointed to a term of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. Staff support shall be provided by the finance department. (b) No member shall be eligible for a second appointment to the commission prior to the expiration of two years, provided that members initially appointed for a term of one year and two years shall be eligible to succeed themselves for an additional term. (c) No member whose term has expired shall continue to serve on the commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (d) Any vacancy occurring in the commission shall be filled for the unexpired term. (e) Not more than a bare majority of the members shall belong to the same political p arty. (i) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance pursuant to article 16. (g) A chairperson shall be elected from its membership annually. (h) The affirmative vote of a majority of those members present shall be necessary to make any action valid. (i) The commission shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the commission is entitled. (j) No person shall, by reason of occupation alone, be barred from serving as a member of this commission. 2-92 ADMINISTRATION § 2-215 (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 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: 1, 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 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 island -wide prioritized list of qualifying lands worthy of preservation. The commission shall give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private lands. 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; (3) To explore methods of funding land acquisition and make recommendations to the mayor; (4) To review, evaluate, and make recommendations to the director of the department of parks and recreation regarding applications for stewardship grants from the maintenance fund, within six months of receipt of each application. Recommendations shall address whether grant applicants have the ability to complete their proposed projects according to the project plan, on time, and within cost estimates, in accordance with section 10-16(h) of the Charter; (5) To review stewardship grant applications, business plans, agreements, and other documentation accompanying grant applications. The commission may also conduct interviews and perform site visits and other activities necessary to formulate a recommendation; and 2-93 § 2-217 HAWAII COUNTY CODE (6) To review stewardship grant recipient performance reports, conduct interviews, and perform site visits and other activities necessary to verify that grant objectives are being met. The commission shall forward its findings to the director of parks and recreation. (2005, ord 05-166, sec 4; am 2015, ord 15-97, sec 7.) Section 2-218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolution, select the land or lands to be preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the County. Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution. (b) Negotiations for acquisition of lands to be preserved shall occur between the County and the seller or its commissioned agent, or a licensed broker only. The commission shall have no role in the negotiations other than in its advisory capacity. (c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land shall be permitted uses of the public access, open space, and natural resources preservation fund. (d) Adequate staff to carry out the provisions of this article and to manage the land acquired shall be provided in the department of finance to maximize the use of available funds by minimizing the payment of commission to outside agents to put together funding plans and to ensure that the County is a good steward of any land that comes under its control through this article. (2005, ord 05-166, sec 5; am 2007, ord 07-21, sec 2; am 2015, ord 15-97, sec 8.) Article 43. Budget Stabilization Fund. Section 2-219. Creation of fund; purpose. (a) Pursuant to section 10-12, Hawaii County Charter 2000, a special fund to be known as the budget stabilization fund is created. (b) The purpose of the budget stabilization fund shall be a temporary, supplemental source of funds for the County to use during times of financial hardships while a plan for cost reduction or revenue enhancement is developed. Additionally, the fund may be used to insulate general fund programs and current service levels from: (1) Revenue shortfalls to minimize the need for budget cuts or tax increases; (2) A revenue reduction due to a change in state or federal legislation; or (3) Slower revenue growth that typically occurs during an economic recession. (2006, ord 06-101, sec 1; am 2011, ord 11-128, sec 2.) 2-94 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE THIRD STATUS OF PROPERTIES ON PAST PRIORITIZED LISTS 2006-2016 December 28, 2017 � U ' � W o o�z � y O O •� Q U � � N Q � � C." z xzQ ��o z U� xz¢ o aaz xAo�a W o � W o ado oc 00 W o a 64 x U O z o� �a 69 W O � z O O �i W � N � x � o W N V N oc O M O W o N z� a� CIO bA � N Y � O O � z xzQ W U� x V o aaz xAo�a z M N � Oo W oc 00 W o O x U O �a 69 V � z O O �i Q� M W o W O O N V N O �i a N M � N N N CIO bA 0 z z xzQ W x V aaz z Oo W oc 00 O N x�o 00 V � O �i Q� O W o 6 � H an O Z z xz¢ w x V Q Z a a z o� E� o oN w x Ww 1 V N D'C�oo -T 4 . 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O z z� W x V Q aaz E� O W � W � O W z, O ^ DD u+ Q� O W o W COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE FOURTH ACQUISITION STATUS REPORT December 28, 2017 County of Hawaii Public Access, Open Space and Natural Resources Preservation Commission (PONC) Acquisition Status Report (as of 12/28/17) **TOTAL GRANTS (PENDING)_ 1 $ 1,330,000.00 TOTAL GRANTS = 1 $ 8,764,083.77 * No Change since the 2016 Annual Summary to the Mayor, Grant still pending acquisition PONC FUND AMOUNT (actual including closing GRANTS AWARDED FUNDED costs/escrow refunds) TOTAL State of Hawaii, Dept. of Land & Natural $ 1,214,750.00 $ 708,557.29 $ 1,923,307.29 Resources, Legacy Land Conservation Program Kawa`a, Ka`u TMK:9-5-17:07 State of Hawaii, Dept. of Land & Natural $ 945,000.00 $ 944,172.44 1,889,172.44 Resources, Legacy Land Conservation Program Pa`o`o, North Kohala TMK:5-7-01:05 State of Hawaii, Dept. of Land & Natural $ 1,500,000.00 $ 1,929,004.47 $ 3,936,004.47 Resources, Legacy Land Conservation Program Federal, U.S. Fish & Wildlife, Recovery Lands $ 507,000.00 Acquisition Grant Kdwd, Ka`u, TMK's:9-5-16:06 & 25; 9-5-17:05 State of Hawaii, Dept. of Land & Natural $ 621,245.00 $ 771,917.12 $ 2,607,162.12 Resources, Legacy Land Conservation Program Federal, U.S. Fish & Wildlife, Recovery Lands $ 1,214,000.00 Acquisition Grant Kahuku Coastal Property, Ka`u TMK:9-2-01:75 State of Hawaii, Dept. of Land & Natural $ 1,432,088.77 $ 2,573,715.45 $ 4,005,804.22 Resources, Legacy Land Conservation Program Kaiholena, North Kohala TMK's:5-8-01:21, 22 & 25 *TOTAL GRANTS (AWARDED) _ 7,434,083.77 6,927,366.77 14,361,450.54 **TOTAL GRANTS (PENDING)_ 1 $ 1,330,000.00 TOTAL GRANTS = 1 $ 8,764,083.77 * No Change since the 2016 Annual Summary to the Mayor, Grant still pending acquisition PONC FUND AMOUNT TO BE (estimated - not GRANTS PENDING FUNDED including closing costs) TOTAL State of Hawaii, Dept. of Land & Natural $ 1,330,000.00 $ 1,330,000.00 $ 2,660,000.00 Resources, Legacy Land Conservation Program Wai'o ae, Puna TMK: 1-4-02:22 **TOTAL GRANTS (PENDING)_ 1 $ 1,330,000.00 TOTAL GRANTS = 1 $ 8,764,083.77 * No Change since the 2016 Annual Summary to the Mayor, Grant still pending acquisition PRIVATE PONC FUND (actual including ACQUISITION (PRIVATE DONATION) DONATION closing costs/escrow refunds) TOTAL `O`oma, North Dona, Hawaii $ 2,000,000.00 $ 4,234,933.83 $ 6,234,933.83 TMK:7-3-09:04 *TOTAL ACQUISITION (W/DONATION) = 1 $ 6,234,933.83 *SUB -TOTAL = $ 36,823,352.50 *GRANTS AWARDED = $ 7,434,083.77 *PRIVATE DONATION = $ 2,000,000.00 *TOTAL ACQUISITION COSTS (COUNTY) _ $ 27,389,268.73 * No Change since the 2016 Annual Summary to the Mayor 2% FUND (actual - including closing ACQUISITIONS (NO FUNDING) costs/escrowrefunds) TOTAL Pohoiki Bay, Puna, Hawaii - $ 1,606,134.11 $ 1,606,134.11 TMK: (3) 1-3-08:97 Waipi`o Valley Lookout Parcel $ 902,120.43 $ 902,120.43 Hamakua, Hawaii; TMK: (3) 4-8-04:06 Hawi Banyan Trees Property, North Kohala $ - $ 753,612.01 $ 753,612.01 TMK: (3) 5-5-15:42 Kaiholena (north), North Kohala, Hawaii $ - $ 6,550,045.82 $ 6,550,045.82 TMK's: (3) 5-8-01:11, 19, 20, 24 Kipapa Park, North Dona, Hawaii $ - $ 3,240,026.09 $ 3,240,026.09 TMK's: (3) 7-7-08:20, 31 White Sands Mauka, North Dona, Hawaii $ - $ 3,004,150.01 $ 3,004,150.01 TMK's: (3) 7-7-08:21, 23 Kahua Olohu, Ka`u, Hawaii $ - 170,879.66 170,879.66 TMK: (3) 9-5-12:05 *TOTAL ACQUISITIONS (NO FUNDING) _ 16,226,968.13 *SUB -TOTAL = $ 36,823,352.50 *GRANTS AWARDED = $ 7,434,083.77 *PRIVATE DONATION = $ 2,000,000.00 *TOTAL ACQUISITION COSTS (COUNTY) _ $ 27,389,268.73 * No Change since the 2016 Annual Summary to the Mayor District/Property/Tax Map Key Zoning Acreage District Totals Puna 26.762 Pohoiki = 26.762 1-3-08:97 Hamakua 1.804 Waipi`o = 4-8-04:06 Agricultural 1.804 North Kohala 239.751 Hdw1 Banyan Trees Property = 5-5-15:42 Commercial 0.911 Pa`o`o = 5-7-01:05 Agricultural 10.61 Kaiholena = (north) 5-8-01:11 Agricultural 71.188 (north) 5-8-01:19 44.030 (north) 5-8-01:20 36.340 (south) 5-8-01:21 37.206 (south) 5-8-01:22 39.340 (north) 5-8-01:24 0.057 (south) 5-8-01:25 0.069 North Kona 234.3525 `O`oma = 7-3-09:04 Conservation 217.566 Kipapa Park/White Sands Mauka = 7-7-08:20 Hotel 1.3017 7-7-08:21 Residential 10.617 7-7-08:23 Apartment 0.1578 7-7-08:31 Agricultural 4.710 Ka`u 3926.114 Kahuku Coastal Property = Agricultural 3127.950 9-2-01:75 Kahua Olohu = Agricultural 13.000 9-5-12:05 Kdwd = 9-5-16:06 Conservation 81.303 9-5-16:25 VV106.380 9-5-17:05 VV363.188 9-5-17:07 VV234.293 *TOTAL ACREAGE ACQUIRED (TO DATE) 4428.7835 * No Change since the 2016 Annual Summary to the Mayor COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE FI F T H COMPREHENSIVE LIST OF PROPERTIES SUBMITTED BY THE PUBLIC December 28, 2017 N O � O CY v as O^ ct M ct W a F�••I x � � O N N 0 N o 0 N 0 N 0 M_ � N � N O O N � O cz � � O N i. 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O ^ -4 cd Q N a3 C's rA cz ro a ro Z o s� p� czcz z ct ct a cz' c�cC O rrO` �, �., O \� O O O a vcz 0A c ct ct U ro Ot vcC p p O c °y' JcC ct icC �' ccz O cOC i� x M o 0 0 N d o as ,-� N v) v') O M 00 00 O tr "O C� C, NO l— l— l— ,--� , O N O � rl — 06 l— r r 00 't " O 00 C� 0 0 0 0 0 0 0 O — O O0 C� --� V'1 I I CV I CV I CV I CV I CV I M I M I M I I I V'1 I 0 0 0 0 0 0 0 0 0 0 OC� O O O O Cn O O O O V'� O� O� p.i a c� O Yi Yi Yi N N O N O Y, M � N N_ � O w O N C." O m O O N bA bA � O 0Y N N k Yi Yi N 0 N COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE SIXTH H.C. CHARTER ARTICLE 10, SECTION 10-15 December 28, 2017 Section 10-15. Public Access, Open Space, and Natural Resources Preservation Fund. (a) In adopting each fiscal year's operating budget, the council shall appropriate a minimum of two percent of the certified real property tax revenues, including penalty and interest, to a fund known as the public access, open space, and natural resources preservation fund. Deposits to the fund shall occur at a minimum, on a quarterly basis. (b) Funding shall consist of a minimum of two percent of actual revenue received in the fiscal year. Additional revenue may consist of grants and private contributions intended for the purpose of this section, voluntary contributions of any amount as specified on the real property tax bill, proceeds from the sale of general obligation bonds authorized and issued for the purpose of this section, council appropriations for the purpose of this section, and any other source of revenue. (c) Monies in this fund shall be used solely to: (1) Purchase or otherwise acquire lands and easements in the County of Hawaii for public outdoor recreation and education, including: (A) Access to beaches and mountains; (B) Preservation of historic or culturally important land areas and sites; (C) Protection of natural resources, significant habitat or eco -systems, including buffer zones; (D) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (E) Protection of watershed lands to preserve water quality and water supply. (2) Pay the principal, interest and premium, if any, due with respect to bonds issued in whole for the purpose of this fund. (d) Any balance remaining in the fund at the end of any fiscal year shall not lapse, but shall remain in the fund accumulating interest from year to year. The moneys in this fund shall not be used for any purpose except those listed in this section. (e) The council shall by ordinance establish procedures for the administration and expenditure of moneys in this fund. (f) This fund shall be used for acquisition of land and easements and shall not be used for development, maintenance or for any purpose other than as provided in this section. (g) The highest and best use of this fund is to leverage the money in the fund by attracting matching funds, although, matching funds are not required in every purchase. (h) Any land acquired with this fund shall contain the following restrictive covenant in its recorded deed of conveyance: "This land was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawaii County and may not be sold, mortgaged, traded or transferred in any way." (i) Any easement acquired with this fund shall contain the following restrictive covenant in its recorded deed of conveyance: "This easement was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawaii County and may not be sold, mortgaged, traded or transferred in any way." (2010, Prop. 1, sec. 1; 2012, Ord. No. 11-94, sec. 1.) 39 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE SEVENTH H.C. CHARTER ARTICLE 10, SECTION 10-16 December 28, 2017 Section 10-16. Public Access, Open Space, and Natural Resources Preservation Maintenance Fund. (a) The purpose of the public access, open space, and natural resources preservation maintenance fund is to accrue and use moneys for maintenance of lands and easements acquired by the public access, open space, and natural resources preservation fund. The maintenance fund will ensure that money is dedicated to preserve the land, promote public safety, and maintain a healthy stewardship. (b) Definitions. For the purpose of this section, the following definitions apply: "Maintenance" means to preserve and conserve lands and easements acquired by the public access, open space, and natural resources preservation fund and keep them in good repair for public safety. "Maintenance fund" means a separate fund that holds moneys directed from: 1) the general fund and property tax revenues; or 2) designated grants, private contributions, proceeds from the sale of general obligation bonds, council appropriations, and any other source of revenue. (c) There is established a public access, open space, and natural resources preservation maintenance fund (hereinafter "maintenance fund"). The maintenance fund shall be administered and managed by the department of parks and recreation. The financial aspects of the maintenance fund shall be handled by the department of finance. (d) Deposits due to the maintenance fund. (1) In adopting each fiscal year's operating budget, the council shall appropriate one- quarter of one per cent of all real property tax revenue (including interest and penalties) to the maintenance fund. Deposits to the maintenance fund shall occur on a quarterly basis at a minimum. (2) Additional revenue deposited in the maintenance fund may consist of grants and private contributions intended for the purpose of this section, proceeds from the sale of general obligation bonds authorized and issued for the purpose of this section, council appropriations for the purpose of this section, and any other source of revenue. (e) Accounting for the maintenance fund; interest bearing accounts; reporting by the department of finance. (1) All moneys in the maintenance fund shall be deposited in interest bearing accounts until needed. Any interest shall accrue to the maintenance fund. (2) Moneys in the maintenance fund shall be identified separately for: (A) Funding received from the real property tax revenue including interest and penalties; and (B) Funding received from grants and private contributions, and any other source of revenue, and its interest earned, which: i. Shall be itemized and earmarked for specific projects for the lands or easements. ii. Shall not be subjected to the maximum accrual of funds limit provided in subsection (f). (3) Financial statements shall be posted each month on the public access, open space, and natural resources preservation fund web site. (f) Maximum accrual limit in maintenance fund; exemption to funding. (1) Only moneys derived from real property tax revenue, its interest, and its penalties shall be included in the computation of the maximum accrual limit for the maintenance fund. All other moneys specifically directed to the maintenance fund shall be held separately from those moneys in the maintenance fund that originated from real property tax revenues (including interest and penalties), and shall not be subjected to the maximum accrual limit. (2) The maximum accrual limit shall not exceed $3,000,000. (3) At the end of any fiscal year in which the maintenance fund holds unencumbered funds derived from real property tax revenue (including interest and penalties) of at least $3,000,000, any unencumbered amount in excess of that $3,000,000 shall be permanently transferred to the general fund balance. (4) Exemption to funding. If the maintenance fund holds $3,000,000 in unencumbered funds derived from real property tax revenue (including interest and penalties), then the council and the executive branch do not need to add more money to the maintenance fund until the next budget cycle. This exemption shall not release the administration from its mandatory duty to maintain and preserve lands and easements acquired by the public access, open space, and natural resources preservation fund in good repair for public safety each fiscal year. (g) The maintenance fund shall be used solely for public safety maintenance and preservation of those lands and easements acquired by the public access, open space, and natural resources preservation fund, and may be used only for expenditures directly related to its purpose. Expenditures by the administration or stewardship grants presumed to be directly related are as follows: (1) Reparation (fixing, mending, repair work, and servicing); (2) Preservation (damage control, salvaging, safekeeping, and safeguarding); (3) Conservation of soil, forests, shorelines, native wildlife, streams, wetlands, watershed, and floodways; (4) Restoration (replacement, reclamation, reconditioning, and remediation); (5) Wildfire and fire prevention; (6) Repair of existing buildings to meet the current code requirements, if the building is deemed reasonable to save; (7) Replacing signs to meet the current code requirements; (8) Installation, repair, or replacement fencing and gate or access mechanisms; (9) Installation or repair of cattle guards; (10) Mitigation of flooding problems including repair or restoration of existing culverts, drainage features, or other similar flood control mitigation; (11) Archeological survey and buffering of Native Hawaiian historical or cultural sites after appropriate consultation with Native Hawaiian descendants and cultural practitioners; (12) Biological studies for the protection of Native Hawaiian species of plants and animals; or (13) Mitigation of Americans with Disabilities Act compliance issues that may arise during the course of public safety maintenance and preservation. 41 Moneys in the maintenance fund shall not be used for planning, design, development, or construction of new buildings, facilities, or infrastructure including roads, paths, bridges, culverts, ramps, or drainage features. Money in the maintenance fund shall also not be used for mitigation of Americans with Disabilities Act compliance issues for any new buildings, facilities, or infrastructure. Payment to resolve these aforementioned issues shall be from the capital improvement projects budget or allotments derived from the general fund. (h) Stewardship Grants. Moneys may also be used to provide grants-in-aid for projects, which uses are reflected in subsection (g). (1) An award of a stewardship grant shall be by council resolution. Stewardship grants may be awarded only until moneys in the maintenance fund are extinguished. Grants shall be awarded on the basis of ability of the stewardship organization to complete the project on time and within cost estimates. (2) Only 501(c)3 nonprofits or an organization that operates under the umbrella of a 501(c)3 nonprofit, and that can complete a project for the good of the community, shall be considered for a stewardship grant. (3) Public notice by the department of finance of the availability of the stewardship grants shall be placed in two newspapers of general circulation, as well as electronic media accessible by internet, by August 1 of each fiscal year provided money is available. These advertisements shall be paid for from the maintenance fund. (4) To apply for a stewardship grant, a stewardship organization shall provide to the department of parks and recreation the following: (A) An application form obtained from department of parks and recreation which is completed for each specific purpose or project; (B) A detailed business plan for the project that includes the name of the 501(c)3 nonprofit organization, the organization that operates under the umbrella of a 501(c)3 nonprofit organization, if any, a copy of its letter of determination from the Internal Revenue Service, a copy of its bylaws and mission statement, a description of the specific project, time frames for project goals, costs, and activities to accomplish the stated purpose, and any other information requested by the department of parks and recreation; and (C) A signed agreement to file a written report one year or less after receipt of funds that includes details as to what has been accomplished on the project, costs, and how the money was spent. (5) No officer, board member, or employee of the 501(c)3 nonprofit organization or the organization that operates under the umbrella of a 501(c)3 nonprofit organization shall receive a salary or payment for labor or receive any reimbursement for the stewardship work on the project. The 501(c)3 nonprofit shall sign an agreement so stating these conditions and submit it with the application. (6) Mismanagement of moneys awarded for a stewardship grant shall bar the 501(c)3 nonprofit organization and the organization that operates under the umbrella of a 501(c)3 nonprofit organization from receiving future grants from the maintenance fund. 42 (7) The director of the department of parks and recreation shall provide a short written evaluation of the proposed project to the council and include a recommendation about the applicant's ability to complete the project according to the project plan. (2012, Ord. No. 12-16, sec. 1.) ARTICLE XI INITIATIVE AND REFERENDUM Section 11-1. Powers of Initiative and Referendum. (a) The power of voters to propose ordinances or to amend existing ordinances shall be the initiative power. (b) The power of voters to approve or reject ordinances by election shall be the referendum power. (2008, Ord. No. 08-80, sec. 2.) Section 11-2. Definitions. As used in this article, unless the context otherwise requires: "Ballot Question" means an interrogative statement that plainly phrases the chief purpose of the initiative or referendum so that an affirmative response corresponds to a "yes" vote. "Ballot summary" means a concise, impartial explanation of the measure and its major effects. "Ballot title" means a brief phrase identifying the subject of the initiative or referendum. "Circulators" means adults who circulate copies of the petition among registered voters for signature. "Clerk" means the clerk of the Hawaii County Council. "Committee" means the petitioners' committee formed pursuant to section 11-3. "Petition form" means a petition without voter signatures and other voter identifying information. "Petition or signed petition" means the petition form containing the voters' signatures and other voter identifying information, the ballot title, ballot question, and ballot summary. (2008, Ord. No. 08-80, sec. 2.) Section 11-3. Petitioners' Committee. For each initiative or referendum petition there shall be a petitioners' committee representing all the petitioners, which committee shall be composed of five members who shall be qualified voters of the county and signers of the petition. The committee shall be responsible for circulation of the petition and for assembling and filing the petition in proper form. There shall be a committee chair who will be responsible for sending and receiving all communications between the clerk and the committee. The committee shall have the power to amend or withdraw the petition as provided in this charter. (2008, Ord. No. 08-80, sec. 2.) Section 11-4. Initiative and Referendum Process (a) The clerk shall provide the committee with a sample petition form upon request. (b) Prior to circulating an initiative or referendum petition, the committee shall give notice to the clerk of the following: 43 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, < 1111 1 111 i APPENDIX TO THE EIGHTH PROCESS for PROPERTY ACQUISITION with FUNDS from the PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVAZTION FUNDS December 28, 2017 Process for Property Acquisition with Funds from the Public Access, Open Space and Natural Resources Preservation Fund Each year approximately $5.3 million is deposited into the Public Access, Open Space and Natural Resources Preservation Fund (FUND) pursuant to Chapter 2, Article 42, Section 2-214 of the Hawaii County Code, 1983, 2005 Edition and Article X, Section 10-15 of the Hawaii County Charter. These funds are 2% of all real property tax revenues, including penalties and interest collected by Hawaii County each year. The public may submit suggestion forms to the Public Access, Open Space and Natural Resources Preservation Commission (PONC). PONC suggestion forms may be found on-line at: http://records.co.hawaii.hi.us/Weblink8/Browse.aspx?startid=13770&dbid=l and are due on or before the last business day of June each year. Suggestion forms received after this date will be considered by the Commission the following year. The Commission reviews all suggestion forms, including additional information submitted i.e. pictures, maps, testimony from local residents, archaeological information, real estate listings, land surveys, etc. and also welcomes public testimony at PONC meetings. 2. The Commission prioritizes a list of properties from the suggestion forms that were submitted for that year, compiles all information, creates the Prioritized List of Properties and submits an Annual Report to the Mayor each year by December 31s. Annual Reports to the Mayor may be found on-line at: http://records.co.hawaii.hi.us/Weblink8/Browse.aspx?startid=13770&dbid=l 3. Once a property is ranked on the list, a member of the Hawaii County Council may submit a resolution to authorize the Director of Finance to proceed with negotiations for acquisition. Community members are welcome to advocate for this resolution. Once the County Council approves a resolution to acquire the property, the Commission will no longer consider the property for future prioritized lists. 4. The Department of Finance, Property Management Division (PMD) may or may not open negotiations to purchase the property. Factors affecting this decision could be: if there is a willing seller, if there is a community group that is willing to manage the property, if there are matching funds or if there are other properties that are higher priorities for acquisition. 5. The County is more likely to acquire properties that have commitments for matching funds. Matching funds maximize the purchasing power of the FUND. The best use of FUND monies is to be used for dollar for dollar matching funds. The party who submitted the suggestion form will work with the PMD and/or Council Member to seek matching funds. To date, matching funds have been obtained from U.S. Fish and Wildlife Service (USF&W), Recovery Lands Acquisition Program (for endangered species) and the State of Hawaii, Legacy Land Conservation Program (LLCP). Sources for other matching funds could possibly be obtained from Office of Hawaiian Affairs for cultural sites and from the Federal Emergency Management Administration for flood plain or flood prone lands. Additional Information: Article X, Section 10-15 of the Hawaii County Charter stipulates what lands may be purchased with these funds: (see excerpt from section below) 1 (a) Monies in this fund shall be used solely to: (1) Purchase or otherwise acquire lands or property entitlements in the County of Hawai `i for public outdoor recreation and education, including: (A) Access to beaches and mountains; (B) Preservation of historic or culturally important land areas and sites; (C) Protection of natural resources, significant habitat or eco -systems including buffer zones; (D) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (E) Protection of watershed lands to preserve water quality and water supply. Expenditures for PONC Acquisitions: hllp:Hrecords.co.hawaii.hi.us/WebLink8/DocView.aspx?id=65627&dbid=l This report shows that the County of Hawaii has spent $36,823,352 to obtain land in Hawaii County for public use. $27,389,268 was used from the FUND; $7,434,083 was obtained from matching funds (USF&W & LLCP) and a private donation of $2,000,000 from Kohanaiki Shores, LLC. The Public Access, Open Space and Natural Resources Preservation Maintenance Fund (administered by the Dept. of Parks & Recreation (P&R): There is also money available for community groups to assist the County with stewardship and maintenance of properties purchased with the FUND. The next period that P&R will be accepting stewardship grant applications will be July — August 2018. 2 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE NINTH RULES of PRACTICE and PROCEDURE OF THE HAWAI `I COUNTY PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION December 28, 2017 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, Sections 2-214 through 2- 218, of the Hawaii County Code, 1983 (2005 Edition, as amended). RULE 2. GOAL The goal of the Public Access, Open Space and Natural Resources Preservation Commission is to solicit suggestions from the community for lands considered to be worthy of preservation and to provide the Mayor of the County of Hawaii with an island wide list of prioritized properties; and to review stewardship grant applications, to recommend recipients of the stewardship grants from the maintenance fund to the department of parks and recreation, and to monitor the performance of the stewardship grant recipients to ensure proper stewardship, preservation and conservation of the lands and easements acquired by the public access, open space, and natural resources preservation fund. RULE 3. DEFINITIONS Wherever used in these rules and regulations, the following terms shall be taken to have the following meaning: (a) "Agency" means the Department of Finance of the County of Hawaii or its authorized representative. (b) "Charter" shall mean the County Charter of the County of Hawaii, State of Hawaii (c) "Commission," "Chair," "Vice Chair" and the "Commissioner" mean the Public Access, Open Space and Natural Resources Preservation Commission of the County of Hawaii, State of Hawaii, its Chair, its Vice Chair and a member thereof, respectively. (d) "Council" shall mean the County Council of the County of Hawaii, State of Hawaii. (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. -1- (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) "Person" means when appropriate to the context, not only individuals, but corporations, firms, associations, societies, and federal, state and county departments or agencies. (j) "Presiding Officer" means and shall include any member of the Commission. Unless otherwise designated, the Chair shall be the presiding officer. (k) "Public Record" means the same as defined in Chapter 92, HRS, and shall include maps, rules and regulations, written statements of policy or interpretation formulated, adopted or used by the Commission in its functions, all decisions, orders, minutes of the Commission meetings and records of any docket on file with the Commission but shall not include records which invade the right of privacy of an individual. (1) "Rules" means the Rules of Practice and Procedure of the Public Access, Open Space and Natural Resources Preservation Commission. (m) "Secretary" shall mean the Secretary of the Public Access, Open Space and Natural Resources Preservation Commission. RULE 4. DUTIES AND RESPONSIBILITIES The Public Access, Open Space and Natural Resources Preservation Commission shall: (a) To develop and submit to the mayor an island -wide prioritized list of qualifying lands worthy of preservation. The commission shall give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private lands. 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. Those proposed parcels or elements receiving fifty (50) percent or more of the total available assessment criteria points shall be included in the priority list. Those parcels or elements receiving less than fifty (50) percent of the total available assessment criteria points shall be noted in the annual report but not included in the priority list; (b) To update this list at any time, but at least annually by December 31 of each year; (c) To explore methods of funding land acquisition and make recommendations to the mayor; (d) To review, evaluate, and make recommendations to the director of the department of parks and recreation regarding applications for stewardship grants from the maintenance fund, within six months of receipt of each application. Recommendations shall address whether grant applicants have -2- the ability to complete their proposed projects according to the project plan, on time, and within cost estimates, in accordance with section 10-16(h) of the Charter; (e) To review stewardship grant applications, business plans, agreements, and other documentation accompanying grant applications. The commission may also conduct interviews and perform site visits and other activities necessary to formulate a recommendation; and (f) To review stewardship grant recipient performance reports, conduct interviews, and perform site visits and other activities necessary to verify that grant objectives are being met. The commission shall forward its findings to the director of parks and recreation." RULE 5. PURPOSE The intent and purpose of the Rules of Practice and Procedure of the Hawaii County Public Access, Open Space, and Natural Resources Preservation Commission is to provide a systematic and democratic method of conducting meetings in order to insure that all persons will have an opportunity to participate in an open, productive, and orderly manner. RULE 6. ORGANIZATION AND PARLIAMENTARY RULES 6-1. ORGANIZATION The Public Access, Open Space and Natural Resources Preservation Commission shall consist of nine members. One member shall reside in each County council district. The members shall be appointed by the Mayor and confirmed by the Council. The members may be removed upon recommendation by the Mayor and the approval of the Council. The members shall serve staggered terms of five years. Staff support shall be provided by the finance department. 6-2. ELECTION OF CHAIR AND VICE CHAIR At the last regular scheduled meeting of each year, the Commission shall elect a Chair and Vice Chair from among its members. They shall serve for a term of one year or until their successors are duly elected. No member shall succeed himself or herself as Chair. In the event the Commission is not able to elect a regular Chair or Vice Chair from among its members at its last regular scheduled meeting, the incumbent Chair may serve on a hold -over basis for a term not to exceed ninety (90) days. In the absence of both Chair and Vice Chair, the remaining members shall elect an Acting Chair. 6-3 QUORUM AND NUMBER OF VOTES NECESSARY FOR A DECISION A majority (five) of all the Commissioners to which the Commission is entitled shall constitute a quorum to transact business. The affirmative vote of a majority of those Commissioners present shall be necessary to make any action valid. -3- 6-4 MEETINGS The 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) Regular Meetings - Regular meetings of the Commission for the transaction of its business shall be held at 10:00 a.m. on the second Monday of each month, or as scheduled and duly noticed by the Commission. (b) Special Meetings — A special meeting may be called by the Chair when the date, time and place of such special meeting is announced prior to adjournment of a regular meeting otherwise a special meeting can be called only upon the publication of a notice of such meeting in at least two daily newspapers of general circulation in this county at least twenty-four (24) hours in advance of such meeting. If the requirement with respect to publication of notice cannot be met because of insufficient time, the meeting notice shall be made by broadcasting a minimum of three announcements in the English language over FCC licensed public radio stations in this county or television stations with local audience. Such announcements shall be broadcast at least twenty-four (24) hours in advance of such meeting. To assure the widest possible coverage, the meeting notice shall be released to radio stations in this county and the announcement shall be programmed to be heard between the hours of 7:00 A.M. to 5:00 P.M. In addition to the above requirements, notice of such special meeting shall be conspicuously posted on the bulletin board of the Hawaii County Building. A brief resume of the principal business to be taken up at such meeting shall be stated in the posted notice as well as in the notice released to the news media. (c) Videoconference — Pursuant to HRS § 92-3.5, the Commission may hold meetings by videoconference; provided that the videoconference system used by the Commission shall allow both audio and visual interaction between all members of the Commission participating in the meeting and the public attending the meeting, at any videoconference location. (1) The notice required by HRS § 92-7 shall specify all locations at which Commissioners will be physically present during a videoconference meeting. The notice shall also specify that the public may attend the meeting at any of the specified locations. (2) Any Commissioner participating in a meeting by videoconference shall be considered present at the meeting for the purpose of determining compliance with the quorum and voting requirements of the Commission. (3) A meeting held by videoconference shall be terminated if both audio and video communication cannot be maintained with all locations where the meeting is being held, even if a quorum of the Commission is physically present in one location. -4- (d) Notice — The Commission shall be given written public notice of any regular, special, or rescheduled meeting, or any executive meeting when anticipated in advance in compliance with HRS § 92-7. The notice shall include an agenda, which lists all of the items to be considered at the forthcoming meeting, the date, time, and place of the meeting, and in the case of an executive meeting, the purpose shall be stated. The notice and agenda must be filed in the county clerk's office at least six (6) calendar days prior to the meeting. W Adjournment — Meetings may be adjourned at any time by vote, and unless otherwise specified in the motion, every adjournment shall be deemed to be until the next meeting of the Commission. lhi 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. 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. fi) Site visits policy — Site visits shall be conducted according to the provisions of HRS § 92-3.1. i. Site visits conducted by the full Commission shall be properly noticed and conducted according to PONC meeting practices including ADA accessibility. All discussion shall be "on the record" and no decision making shall occur while on the visit. ii. Site visits may be conducted by up to two commissioners on an informal basis with no report to the Commission required. Any report which may be given must be put on the agenda. iii. Site visits may be conducted by up to four commissioners as assigned by the Commission at a regular PONC meeting. There shall be a prescribed scope of work and a report shall be made to the Commission. The report must be put on the agenda of the meeting at which the report will be given. Discussion of the report must be put on the agenda of the meeting at which the discussion will occur. iv. Site visits for potential acquisitions shall be respectful of private property, and lacking owner permission to enter the subject property, shall be conducted from nearby or adjacent properties as appropriate. (Commissioners shall work with the Department of Finance to receive permission onto private property from the landowner or their representative only and not rely upon public encouragement to enter onto private property). -S- 6-5 MINUTES (a) Minutes — In accordance with HRS § 92-9, the Commission shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the participants. (1) The date, time, and place of the meeting; (2) The Commissioners recorded as either present or absent; (3) The substance of all matters proposed, discussed, or decided; and a record, by individual Commissioner, of any votes taken; and (4) Any other information that any Commissioner requests be included or reflected in the minutes. The minutes shall be public record and shall be available within thirty days after the meeting except where such disclosure would be inconsistent with HRS § 92-5 or Section 13-20 of the Charter; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer. (b) The Public may obtain information from the Secretary regarding the minutes. 6-6 OFFICERS AND THEIR DUTIES b. Presiding Officer — The Chair shall be the presiding officer of the Commission and the Vice Chair shall be the presiding officer in the absence of the Chair. The presiding officer shall: (1) Open all meetings of the Commission by taking the chair and calling the meeting to order; (2) Call for the approval of the minutes of any preceding meetings when a quorum is present; (3) Maintain order and proper decorum based on Robert's Rules of Order; (4) Announce the business before the Commission in the order prescribed by these rules; (5) Review all matters properly brought before the Commission, call for votes upon the same and announce the results; (6) Appoint all committees unless otherwise ordered by the Commission; "I (7) Authenticate by signature all acts of the Commission as may be required by law, unless delegated to the Director; (8) Do and perform such other duties as may be required by law, or such as may be properly appertain to such office; (9) Make known all rules of order when so requested, and to decide all questions of order, subject to an appeal to the Commission; (10) Take into consideration such matters as shall not be within the scope of the duties or powers of any subcommittee of the Commission; or as may be referred by the Commission, and to report thereon, together with such recommendations relative thereto as deemed advisable; and (11) Represent the Commission in all functions, as directed by the Commission or designate a representative from the membership of the Commission. 6-7 STANDARDS OF CONDUCT (a) Disclosure of Interest — Whenever a possible direct personal financial interest on any matter pending before the Commission or any of its committees becomes apparent, the affected member shall promptly make a disclosure to the Commission. When a member has made a disclosure of interest and is deemed by the Commission to have a conflict of interest, such conflict shall apply to all subsequent actions relating to said matter. A member with conflict of interest shall refrain from voting except where the member's vote is required to constitute a quorum to act in which event shall be permitted to vote. 6-8 WHEN RULES ARE SILENT For good cause, the Commission may vote to suspend the rules. 6-9 SEVERABILITY If any provision of these Rules or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of these Rules which can be given effect without the invalid provision or application, and to this end the provisions of these Rules are severable. RULE 7. PUBLIC RECORDS, INSPECTION AND AVAILABILITY 7-1 INSPECTION OF PUBLIC RECORDS -7- All public records shall be available for inspection and copying by any person during established office hours and within reasonable timelines unless public inspection of such records is in violation of any other state or federal law. 7-2 WHERE AVAILABLE (a) The public may obtain information on matters within the jurisdiction of the Commission at the Department of Finance, County of Hawaii, by inquiring at the principle place of business. All rules, orders or opinions of the agency are on file and available for public inspection at the office during business hours at 25 Aupuni Street, Suite 1101, Hilo, Hawaii 96720-4252. (b) Inquiry may be made in person at the Agency during business hours or by submitting a request for information in writing to the Public Access, Open Space and Natural Resources Preservation Commission, c/o Department of Finance, 25 Aupuni Street, Suite 1101, Hilo, Hawaii 96720-4252. 7-3 COPIES OF PUBLIC RECORDS Copies of public records printed or reproduced for persons other than governmental agencies shall be given to any person provided the applicable fees or costs for publication, research, and postage are paid. 7-4 DENIAL OF INSPECTION Any person aggrieved by the denial by the officer having custody of any public record of the right to inspect the record or to obtain copies of extracts thereof may seek enforcement action pursuant to HRS Chapter 92. Dated: Hilo, Hawaii, December 28, 2015 PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION, COUNTY OF HAWAII, STATE OF HAWAII By: /^4(x, Its Vice -Chair Notice of Public Hearing: Hawaii Tribune -Herald: November 17, 2015 West Hawai'i Today: November 17, 2015 Date and Place of Public Hearing: December 17, 2015; Hawaii County Building, Puna Conference Room, 25 Aupuni Street, Suite #1501 Hilo, Hawaii 96720 - 8 - APPROVED: MAYOR, County of Hawaii Date: DEC 2 3 2015 APPROVED AS TO FORM: Deput oration Counsel Date: DEC 2 2 9015 I hereby certify that the foregoing amendments and revisions to the Rules and Regulations of the Public Access, Open Space and Natural Resources Preservation Commission of the County of Hawaii was received and filed in my office this 24th day of December 2015 . bounty Clerk COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE TENTH SUGGESTION FORMS (revised 11113117) December 28, 2017 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION Suggestion Form for Lands and/or Property Entitlements for Acquisition The Public Access, Open Space and Natural Resources Preservation Commission is taking suggestions for sites or projects to improve upon public access, open space, and natural resources preservation, pursuant to Chapter 2, Article 42, of the Hawaii County Code. Please use the form below to tell the Commission about a place or access you would like to see protected. Forms completed thoroughly will enhance assessment. The Commission welcomes re -submission of properties previously submitted where County Council has not taken action. Please use one form per suggestion. Name of site or project: Location or Address: Tag Map Key (TMK) number(s): Acreage: Property is (choose one): ❑ fee simple purchase request ❑ easement request 2i Provide (as Attachment A) a TMK map with the property boundaries and/or proposed access outlined or highlighted. ❑Puna ❑S. Hilo ❑N. Hilo ❑Hdmdkua ❑N. Kohala ❑S. Kohala ❑N. Kona ❑S. Kona ❑Ka`u Landowner(s): Purpose of suggested site (for public acquisition) or project (please check those that apply) ❑ Public outdoor recreation and education, ❑ Preservation of forests, beaches, coastal including access to beaches and areas, natural beauty, and agricultural mountains lands ❑ Preservation of historic or culturally important land areas and sites ❑ Protection of natural resources, including buffer zones ❑ Protection of watershed lands to preserve water quality and water supply i 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? 2 i 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. 2 i (Attachment D) — Provide verification of community organizations or individuals who are willing to be part of the long-term management /maintenance of this property. 2 i Provide (as Attachment E) other documentation relating to the suggested site or project that would assist the Commission in their assessments. Do not send original documents or pictures as they will not be returned. (Revised 11/13/17) Page I of 2 1) How would the general public benefit from this proposed acquisition or project? 2) Describe any significant historic, cultural or natural resources on the property (please be as specific as possible and attach any documentation; i.e. archaeological reports, if available) 3) Describe level of urgency (i.e. is property currently on the market/for how long, has an active re-zoning/subdivision application been filed, high public use, etc.) 4) Describe any special opportunities for acquisition that presently exist (i.e. special funding available, landowner willing to participate in process, etc.) 5) Has partnering with other government agencies, private or nonprofit entities to leverage resources been identified? ❑No ❑Unknown ❑Yes If yes, please describe. 6) Is the property or property easements (i.e. public access easements, agricultural easements, etc.) available for acquisition? [:]No ❑Unknown ❑Yes If yes, please describe. Contact Name: Mailing Address: Phone/Fax: E-mail: Please send completed forms to: Public Access, Open Space & Natural Resources Preservation Commission c/o 25 Aupuni Street, Suite 1101 Hilo, Hawaii 96720-4252 E-mail: maxine.cutlerkhawaiicounty_gov For further information contact: Maxine Cutler at (808) 961-8069 E-mail: maxine.cutlerkhawaiicounty_ og_v For online information go to: http:Hrecords.co.hawaii.hi.us/Weblink8/Browse.aspx?startid=13770&dbid=l SUGGESTIONS FOR THE CURRENT YEAR ARE DUE ON OR BY THE LAST BUSINESS DAY OF FERUARY FOR OFFICE USE ONLY: Attachments: ❑ A ❑ B ❑ C ❑ D ❑ E ❑ Other (Revised 11/13/17) Page 2 of 2 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE ELEVENTH ASSESSMENT CRITERIA FORM (revised 11113117) December 28, 2017 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION ASSESSMENT CRITERIA FORM Name of Site or Project: Location or Address: Land Area (Ahu ua `a): District: ❑ Puna ❑ S. Hilo ❑ N. Hilo ❑ Hamakua ❑ N. Kohala ❑ S. Kohala ❑ N. Kona ❑ S. Kona ❑ Ka`u TMK• Acreage: Landowner(s): Anticipated Use: Purpose of suggested site (for public acquisition) or project: ❑ Public outdoor recreation and education, ❑ Preservation of forests, beaches, coastal including access to beaches and mountains areas, natural beauty, and agricultural lands Preservation of historic or culturally ❑ Protection of watershed lands to preserve important land areas and sites water quality and water supply El buffer of natural resources, including buffer zones significance Special Opportunity for Acquisition and Management Evaluated, Reviewed, and Scored By: Commissioner: Dated: (Revised 11/13/17) Page I of SCORES Criteria 1 40 Criteria 2 30 Criteria 3 30 Maximum Pts. (100) Total Score = Dated: (Revised 11/13/17) Page I of 0 = Does Not Meet Any Requirement 2 = Unclear Information CRITERIA 1 SCORING: 4 = Partially Meets Requirements 6 = Meets All Requirements 8 = Exceeds All Requirements Criteria 1: Assesses whether the land or property entitlements meets the purposes of Public Access, Open Space and Natural Resources Preservation Fund, pursuant to Chapter 2, Article 42 of the Hawaii County Code 1983 (2005 Edition). (Revised 11113117) Page 2 of 3 A. Public outdoor recreation and education, including access to beaches and mountains ➢ Provide a wide variety of recreational opportunities for the residents and visitors of the County ➢ Maintain the natural beauty of recreation areas ➢ Provide a diversity of environments for active and passive pursuits B. Preservation of historic or culturally important land areas and sites ➢ Protect, restore, and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawaii ➢ Appropriate access to significant historic sites, buildings, and objects of public interest could be made available C. Protection of natural resources, including buffer zones ➢ Protect and conserve the natural resources from undue exploitation, encroachment and damage ➢ Protect and promote the prudent use of Hawai`i's unique, fragile, and significant environmental and natural resources ➢ Protect rare or endangered species and habitats native to Hawaii ➢ Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable ➢ Maintain and, if feasible, improve the existing environmental quality of the island D. Protection of watershed lands to preserve water quality and water supply ➢ Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources ➢ Protect scenic vistas and view planes from becoming obstructed ➢ Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty ➢ Identify, protect and maintain important agriculture lands on the island of Hawai `i ➢ Preserve the agricultural character of the island E. Protection of watershed lands to preserve water quality and water supply ➢ Protect and effectively manage Hawai'i's open space, watersheds, shoreline, and natural areas Total (40) Criteria 1 (Revised 11113117) Page 2 of 3 0 = Does Not Meet Any Requirement 3 = Unclear Information CRITERIA 2 & 3 SCORING: 5 = Partially Meets Requirements 7 = Meets All Requirements 10 = Exceeds All Requirements Criteria 2: Assesses the level of community support, including reported urgency and identified management/maintenance partners, based on the community input process. A. Level of community support based upon additional testimony, letters of support and/or suggestion forms received for property. B. Identified management/maintenance partners. C. Reported urgency. Total (30) Criteria 2 Criteria 3: Assesses whether the property or property easements could be acquired using the Public Access, Open Space & Natural Resources Preservation Fund and/or other means. A. Acquisition is feasible through the Fund and/or other means. ➢ Special opportunity for acquisition presently exists (i.e. special funding available, landowner willing to participate in process, etc.). B. Partnering with other government agencies, private or nonprofit entities to leverage resources has been identified. C. Property or property easements are available for acquisition Total (30) Criteria 3 (Revised 11/13/17) Page 3 of 3 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE T W E L E F T H 2017 LIST OF STEWARDSHIP GRANT APPLICATIONS SUBMITTED TO DEPARTMENT OF PARKS & RECREATIONS December 28, 2017 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION (PONC) 2017 LIST OF PONC STEWARDSHIP GRANT APPLICATIONS SUBMITTED Property/District PONC Date Received Tax Map Key(s) Applicant Comm. No. by P&R KAHUA OLOHU, KA'U 9-5-12:05 Ho'omalu Ka'u 17-022 8/30/17 KAIHOLENA, NORTH KOHALA 5-8-01:11,19, Malama Kohala Kahakai 17-026 8/31/17 20, & 24 "WA, KA'U 9-5-16:06 & 25 Na Mamo O Kdwd 17-024 8/31/17 The Honu Project 17-028 8/31/17 9-5-17:05 & 07 O'OMA BEACH, NORTH KONA 7-3-09:04 Kohanaiki `Ghana 17-023 8/30/17 PA'O'O, NORTH KOHALA 5-7-01:05 Malama Kohala Kahakai 17-025 8/31/17 WAIPI`O LOOKOUT, HAMAKUA 4-8-04:06 P6hdhd I Ka Lani 17-027 8/31/17 Total PONC Stewardship Grant Applications Submitted = 7 COUNTY OF HAWAII PUBLIC ACCESS, OPEN SPACE, AND NATRUAL RESOURCES PRESERVATION COMMISSION �Q.<.115 111111, r ill I III i APPENDIX TO THE T I R T E E N T H 2017 BIOGRAPHIES OF THE COMMISSION December 28, 2017 County of Hawaii Public Access, Open Space and Natural Resources Preservation Commission (POMC) TIMOTHY DeLOZIER TERM: 12/31/12-12/31/17 Council District l: Portion of South Hilo, North Hilo, Hamakua, Portion of Waimea (Pu`ue`o, Wainaku, Kai- wiki, Pauka`a, Papa`ikou, Onomea, Pepe`ekeo, Honomu, Wailea, Hakalau, Ninole, Papa`aloa, Laupahoehoe,,,. Waipunalei, 0`okala, Pa`auilo, Pa`auhau, Honoka`a, Kukuihaele, Wa`ipio, Ahualoa, Portion of Kamuela, P ant Acres, Nani Waimea, Kamuela Highlands, Kamuela Lakeland, Kamuela Meadows, Kamuela KAI`ENA Council Disti University 11 Pi`ihon r �. DR. WAYNE FRANK TERM: 12/31/12 - 12/31/17 Council District 4: Portion of Puna (Eastern) (Hawaiian Paradise Park, Hawaiian Beaches, Makai of Pahoa Town, Nanawale Estates, Leilani Estates, Pohoiki, Kapoho) 'Frank, with a PhD in Environment & International Development from Cornell University Masters of Science in Physiology & Nutrition, believes, "that the quality of life, and general well being of people is positively influenced by access to green spaces ... in the Hawaiian Is- lands, if action is not taken, rapidly [development] will rob the future residents of Hawaii of these opportunities." Dr. Frank recently retired as a Foreign Service Diplomat to the United ;f�America with commissions to aid and assist Third World Countries in Agriculture and ure. He is so happy to be home in the islands with his family and grandchildren.. .tea ,m } TERM: 1 5: Portion of Puna (Western) (W.H. Shipman Industrial Park, 9-1/2 mile E!M— ew, Glenwood, Orchidland Estates, Ainaloa, Hawaiian Acres, Ferf auka of Pahoa Town, Kaohe Homesteads, Kamaili Homestead s,, R RM: 12/31/16 CYNTHIA S.H. NAZARA TERM: 12/31/14 - 12/31/19 Council District 7: Portion of South Kona, Portion of North Kona (Portion of Kealakekua, Kona Scenic Subdi- vision, Kainaliu, Honalo, Keauhou, Kahalu`u, Holualoa, Kona Hillcrest, Pualani Estates, Sunse iew, Kuakini Heights, Kona Vistas, Alii Heights, Kona Industrial, Lono Kona) w. Baa uw. vv .wvv . ..,............... ... . v ......... ��..w v..v... ... ..............,.u. u Cynthia S.H. Nazara was born on 0`ahu and raised on Hawaii island. She attended Kamehame- ha Schools, graduated from McKinley High School and Leeward Community College. She has% worked as the Cultural Manager for Four Seasons Hualalai, Cultural Survey Hawaii and Cultur- al Monitor Coordinator for R.M. Towill Corporation. She is affiliated with the Hawaii Island Burial Council, West Hawaii Fisheries Council, Board Commissioner for the Kaloko- Honoko- hau National Park, KMLAC member/representing descendant, Makai Watch Coordinator for DLNR and President of the Kona Hawaiian Civic Club. Council District 8: Awilona (Kailua-View Es�fat Kailua Heights, Kealakehe, Honokohau, Kaloko, Ki Pu`uanahulu, Waikbloa Beach Resort) N#Uft Forest � e. Kekaulike believes in our body. mind. - to dVVdlll 'LL- the Old