HomeMy WebLinkAbout2023 Annual Report to the Mayor 2023-11-17Public Access, Open Space, and Natural Resources
Preservation Commission
ʻAnaehoʻomalu Kapalaoa, North Kona, Hawaiʻi
Photo Courtesy of Trust for Public Land
PREAMBLE
PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES
PRESERVATION PROGRAM The purpose of the Public Access, Open Space and Natural Resources Preservation Program (PONP) has two main focus areas. The focused areas are: 1) facilitate the process of eligible properties for acquisition using the Preservation Fund “The Fund”, and 2) to manage these properties with the Preservation Maintenance Fund, “PM Fund.” The Public Access, Open Space and Natural Resources Preservation Commission (PONC) is a commission formed to assist in the process. The Commission’s purpose:
•To develop an initial island-wide prioritized list of qualifying lands worthy of preservation and submit it to the mayor. The list shall include the significance of each parcel or entitlement, identified the reason for its priority, and its anticipated use after acquisition.
•To update this list at any time, but at least annually by December 31 of each year.
•To explore methods of funding for conservation easements or land acquisition.
•To give emphasis to conservation easements or land acquisitions where the County’s contribution can be leveraged to obtain State, Federal, and/or private funding.
•To review Stewardship Grant Applications and make recommendations to the Department of Finance of eligible non-profit organization to provide stewarding efforts for property purchased with the Fund.
•Continued in-person public meetings alternating between Hilo and Kona.
The program is structured in a way that supports and remains focus on the values of this program: the people of Hawaiʻi County are the true recipients of this program, which protects our lands from developement, numerous cultural sites, and endangered species. Today Hawaiʻi is often referred to as the “Endangered Species Capital of the World.” Both species below play an important role in the Hawaiian ecosystem. The Mariana Eight-Spot Butterfly helps to pollinate other plants and animals. Laysan Duck act as scavengers that help keep our environment clean by eating algae, leaves, seeds, and invertebrates.
Mitchell D. Roth ^^•oe^!^ Deanna S.SakoMayor Sr/<y-''s^^ ^'•^ Finance DirectorDiane NakagawaDeputy DirectorHamana VenturaProperty ManagerCounty ofHawai'iDEPARTMENT OF FINANCE - PROPERTY MANAGEMENT DWISIONCounty Bldg. • 25 Aupuni Street • Suite No. 1101 • Hilo, Hawai'i 96720-4245Phone (808) 961-8234 • Fax (808) 961-8248PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCESPRESERVATION COMMISSIONNovember 13, 2023Mayor Mitch RothCounty ofHawai'i25 Aupuni Street, Suite 2603Hilo,Hawai'i 96720Dear Mayor Roth:Attached is the 2023 Annual Report of the County ofHawai'i Public Access, OpenSpace, and Natural Resources Preservation Commission (PONC), pursuant to Section 2-217(2) of the Hawai'i County Code.A voters' initiative established the Public Access, Open Space and Natural ResourcesPreservation Fund (Preservation Fund) in 2006. About 17 years later, 4,806.37 acres havebeen acquired in fee simple and 5,537.487 acres in conservation easements, all of whichshall be held in perpetuity for the use and enjoyment of the people ofHawai'i. Anothervoters' initiative established the Preservation Maintenance Fund (Maintenance Fund) in2010. A total of $470,615.77 in stewardship grant funds was awarded to stewardshipgroups in Jan. - Oct. of this calendar year.Our Commission is committed to doing our part to strengthen the program's utilization ofthe Preservation and Maintenance Funds in an accountable, transparent, and responsiblemanner. To that end, we formed Permitted Interaction Groups to improve:1. The Suggestion Fonn and the rating system that we are using to prioritize thesuggestions; and2. The Stewardship Grant Application Form that is now fillable with clearinstructions.The form revisions are intended to ease the tasks of suggesting properties and applyingfor stewardship grants. We will continue to assess how the newer forms are being usedand whether further improvements are needed.Hawai 'i County is an Equal Opportunity Provider and Employer
This year PONC received four Suggestions for County acquisition. One Suggestion waswithdrawn, and we highly rated the remaining three for County consideration. Weespecially thank those community groups and individuals who invest time and effort intoinforming us of lands that are valuable and appropriate for PONC consideration.Twelve Stewardship Grant Applications were submitted this year. A Pre-Review of GrantApplications to assist grant applicants was offered for the first time this year and will beoffered again next year. Reduction of the wait time for stewardship groups to receiveMaintenance Funds after grant approval is recognized as a need by all involved. Progressis being made and efforts are ongoing to improve that aspect of the process.Throughout the year, PONC has received capable guidance, assistance, and support fromCommission Secretary Maxine Cutler, Property Manager Hamana Ventura, and DeputyCorporation Counsel Jean Campbell. With their invaluable assistance over the past yearand a half, we updated our Rules of Practice and Procedure in May 2023.This is a dynamic program that is growing every year with new acquisitions, maintenanceinitiatives, and community involvement. Staff support is key to the success of ourCommission and the program.On behalf of the Commission, we greatly appreciate your support and interest in thisimportant County program.Mahalo a nui loa,^^<-^L ,Ck.Deborah ChangChairpersonCOMMISSION MEMBERS (DISTRICT)Deborah Chang, Chair (1), Alex Kelepolo, V. Chair (2), Shellie Bee Alan Naungayan (3),Amedeo Markoff (4), Deborah J. Ward (5), Jodie Rosam (6), Justin Lee (7),Cayla Crivello (8), and Kamuela Plunkett (9)
TABLE OF CONTENTS
Preamble
Chairman’s Letter to Mayor Roth
The Commission Report
2023 Prioritized List ............................................................................................. i
Commission Members ......................................................................................... i
Commission Meetings ........................................................................................ ii
Suggestion Forms ....................................................................................................... ii
Assessment Criteria Form .......................................................................................... ii
Stewardship Grants .................................................................................................... ii
Commission and Community Recommendations and Concerns ........................ ii
The Department of Finance Report
Acquisition Status Report ............................................................................................. iii
Preservation Fund ..............................................................................................iii
What is a Conservation Easement .................................................................... iv
Maintenance Fund ............................................................................................ iv
Status of Properties on Past Prioritized List ....................................................... v
Conclusion.......................................................................................................... v
Chapter 1. 2023 Prioritized List
1. ʻAnaehoʻomalu Kapalaoa (95.71%) ............................................................ 1.1
2. Punahoa Heritage Forest (85.29%) ................................................................. 1.6
3. Ke Ala Kahawai ‘O Waimea, “The Waimea Trail” (75.57%) ................... 1.11
Chapter 2. Rules and Procedures (amd. May 31, 2023)
Rules of Practices and Procedures ....................................................................... 2.1
Chapter 3. Stewardship
Stewardship Grant Applications FY2024 ................................................................ 3.1
County of Hawaiʻi website public folders are located here:
https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=13770&cr=1
2023 ANNUAL REPORT TO THE MAYOR
THE COMMISSION REPORTS
The Department of Finance, through its Public Access, Open Space and Natural Resources
Preservation Commission (PONC), is submitting this 2023 Annual Report to the Mayor, which includes
the 2023 Prioritized List of Properties that was submitted to this Commission on or before the deadline date
of January 31, 2023, according to the Hawai‘i County Code (1985), Edition 2005 Section 2-217.
This Commission is an advisory to the Mayor, and its sole responsibilities are: 1) Submit a
prioritized list of properties to be considered for acquisition to the Mayor and 2) Evaluate and make
recommendations specific to Stewardship Grant Applications.
In developing the 2023 Prioritized List, the Commission considered properties submitted on the
2023 Suggestion Forms, heard public testimony, reviewed communications, conducted interviews,
conducted site visits, and scored accordingly to the Assessment Criteria Form. The Commission developed
its prioritized ranking order based on reported urgency, anticipated use, significance, the benefit to the
public, unique funding opportunities available for acquisition, and a proposed management plan. This
year’s total possible score based on the total number was 800. In 2015, the Commission amended its rules
to include only those properties that scored 50% or higher on the prioritized list for consideration. In
Chapter 1, there are detailed descriptions, maps, and summaries of all three properties that scored above
the 50% threshold (Suggestion 23-01, 02, and 04). Suggestions 23-03 Keopu Flood Mitigation, N. Kona,
was withdrawn by the nominator. The Commission submits to the Mayor the 2023 Prioritized List.
2023 Prioritized List
No. % Sugg. Nomination Tax Map Key No.
1 96 23-01 ʻAnaehoʻomalu Kapalaoa, North Kona (3)7-1-003:010
2 85 23-02 Punahoa Heritage Forest, South Hilo (3)2-5-001:011
3 76 23-04 Ke Ala Kahawai ʻo Waimea, South Kohala
a.k.a. The Waimea Trail
49 parcels, approx. 11,458.82
acres. (see Chapter 1, No. 3)
Commission Members
Name Term CD.No.
Deborah Chang, Chair 12/31/27 1
Alex Kelepolo, Vice Chair 12/31/24 2
Shelly Bee Allen Naungayan 12/31/23 3
Amedeo Markoff 12/31/27 4 effective 10/20/23.
Debbie J. Ward 12/31/25 5
Jodie Rosam 12/31/26 6
Justin B. Lee 12/31/24 7
Cayla Crivello 12/31/25 8 Eligible for a full term.
Kamuela Plunkett 12/31/25 9 Eligible for a full term.
i.
Commission Meetings
For the calendar year 2023, regular, in-person public meetings started at 10:00 a.m. and alternated
between Kona and Hilo locations. The meetings are defined below.
January 9 (Kona) July 10 (Hilo)
March 13 (Hilo) September 11 (Kona)
May 8 (Kona) November 13 (Hilo)
Suggestion Form
There were slight revisions to the Suggestion Form found in Chapter 3. The last revision was
approved on October 14, 2020. The Department of Finance received four 2023 Suggestion Forms from
February 1, 2022, to January 31, 2023, the deadline period. The Commission ranked only three of the four
nominations. One of the Suggestions was withdrawn. The 2023 Prioritized List and summaries can be
found in Chapter 1.
Assessment Criteria Form
The Commission made revisions to the Assessment Criteria Form. The last revision was done on
November 15, 2018. (Chapter 3). This Assessment Criteria Form was utilized to assess the suggestion
forms received during the time, as mentioned earlier.
Stewardship Grants
This past year, the Commission received from the Department of Finance (12) 2023 Stewardship
Grant Applications and processed each application. This process included a review of the application,
conducted interviews with each applicant, and reviewed public testimonies.
Upon review of the applications, this Commission expressed many concerns and reservations about
the ease of using the new grant applications; semi and annual reports not submitted on time; management plan
grant requests were missing scope of work, quotes for this service, justification of project costs, grant funding
terms, compliance, and the delay of funding from past approved grants. The PONC was able to complete a
grant funding recommendation to the Department of Finance at its November 13, 2023, public meeting.
Commission Recommendations and Concerns
The following is a listing of recommendations and concerns identified by the Commission for the
upcoming year:
Encourages everyone to be safe, wear masks, and live well.
Funding resources for local non-profit organizations interested in stewarding County properties
purchased with the Preservation FUND in their districts can apply for a Stewardship Grant.
Grant awardees receive grant funding in a timely manner.
Publicize and encourage the public to submit 2024 Suggestion Forms by January 31, 2024.
Publicize and encourage the public to submit the 2024 Stewardship Grant Application by
August 31, 2024.
Hybrid meetings.
Hire a full-time employee for only PONC and Stewardship Grant Facilitator.
ii.
County of Hawaiʻi website public folders are located here:
https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=13770&cr=1
THE DEPARTMENT OF FINANCE REPORTS
Acquisition Status Report
The County completed three acquisitions, which are Halelua, North Kohala, and both Keahou Bay
#35 and Keahou Bay #106, both in North Kona. To date, the County has acquired 10,343.857 acres
consisting of approx. 5,537.487 acres in Conservation Easements and 4,806.37 acres in fee simple, which
will remain in open space protection in perpetuity. The Acquisition Status Report and Preservation Fund
balance are located on the County’s website public folders.
Preservation Fund
Each year, the public is invited to submit suggestions to the Public Access, Open Space, and Natural
Resources Preservation Commission. The deadline for suggestions is January 31. [See PONC Rules of
Practice and Procedure 4(a)] The Commission will evaluate the suggestions, conduct site visits, and score
the suggestions using their standard assessment criteria form. [See PONC Rules of Practice and Procedure
4(b)] This form covers the factors set forth in the County Charter and the County Code. [See Charter
Section 10-15(c)(1), Hawai`i County Code Section 2-214.1(c)(1), PONC Rules of Practice and Procedure
4(b)] Any suggestion receiving fifty points or more out of the possible 100 points will be included in the
Commission’s priority list recommendation to the Mayor. [See PONC Rules of Practice and Procedure
4(b)] Each year, the Commission prepares the updated prioritized list by December 31 and submits the list
to the Mayor in an annual report shortly after that for the Mayor's comment and recommendation. [See
PONC Rules of Practice and Procedure 4(c) & (d)]
Within 60 days of receipt, the Mayor will submit the list to the County Council. [See Hawai`i
County Code Section 2-218(a)] The County Council will, by resolution, select the lands to be preserved.
[See Hawai`i County Code Section 2-218(a)] The Council member within whose district the land is located
usually submits the resolution. The resolution authorizes the Finance Department to negotiate a possible
purchase of either the fee simple interest or an easement from the landowner. [See Hawai`i County Code
Section 2-218(d)]
Once on the prioritized list, with a resolution, a property may be purchased at any time. Priority is
given to the acquisition of coastal properties and properties that have commitments for matching funds.
[See County Charter Section 10-15(g) and Hawai`i County Code Section 2-218(a)] In addition to the
priorities set forth in the County Code, the Finance Department acts on properties with significant
community interest, which may be evidenced by active Council member support and involvement, active
community groups who have indicated they are interested in contributing to the stewardship of the property,
and interested landowners.
This program does not include the power of eminent domain, so the Finance Department will only
engage with a property owner who has indicated to the County that they are willing to sell their property.
The Preservation Fund may be used to purchase the fee simple interest in a property or a
conservation easement. [See discussion below describing conservation easements] The conveyance
document (either a deed or grant of a conservation easement) for every purchase using Preservation Fund
money must include the following provision:
"This land/easement was acquired with funds 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
iii.
Hawai'i County and may not be sold, mortgaged, traded, or transferred in any way." [See County Charter
Sections 10-15(h) and (i)]
Once a property is purchased with Preservation Fund money, the land can be used by the County
for any of the uses permitted by the Charter: for public outdoor recreation and education, including (a)
access to beaches and mountains, (b) preservation of historically 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. [See County Charter Sections 10-15(c)(1)(a)
–(d) and Hawai`i County Code Section 2-214(c)]. The specific activities identified as permitted uses of
the Maintenance Fund are presumed to be permitted activities on land purchased with the Preservation
Fund. [See County Charter Sections 10-16(g)(1)-(17)]
What is a Conservation Easement?
A conservation easement is a grant by a landowner of specific property rights to an easement holder
in perpetuity. The specific rights typically include all or most all of the development rights attached to the
property such that the property is no longer able to be significantly developed.
Typically, a conservation easement will describe the limited uses that will continue to be permitted
by the landowner and will include baseline surveys describing the conservation values of the property. In
effect, this will convey to the easement holder the right to subdivide, the right to build any structures, the
right to improve roads and install utilities, the right to make any land use changes, and all other rights to
develop the property, which the easement holder will not exercise. The easement holder will be responsible
for inspecting the landowner's use of the property and enforcing the terms of the easement.
If a landowner desires to be allowed to do limited development on the property, a conservation easement
may describe small areas of the property where development remains permitted. For example, an easement
may permit the construction of one dwelling on the property to serve as a residence for the landowner or
their caretaker to live on the property in order to monitor and steward the land or to conduct agricultural
operations if those remain permitted use.
Maintenance Fund
Properties purchased with Preservation Fund money are eligible for public safety and preservation
stewardship by community members through non-profit organizations, utilizing funds from the
Maintenance Fund established by the County Charter. [See County Charter Sections 10-16(g) and (h)]
Non-profit organizations or organizations operating under the umbrella of a non-profit organization may
apply for stewardship grants by submitting an application and required supporting materials by the annual
August 15 deadline. [See County Charter Section 10-16(h)(4) and PONC Rules of Practice and Procedure
4(f)] The Commission will review the grant applications, conduct interviews of applicants, and make
recommendations to the Director of Finance. [See PONC Rules of Practice and Procedure 4(f)]
The Charter identifies 17 expenditures that are presumed to be directly related to public safety
maintenance and preservation. [See County Charter Sections 10-16(g)(1)-(17)] Also allowed is the
payment of compensation for specific duties such as labor, educational workshops, and maintenance work
paid to an officer, board member, or employee of a recipient non-profit if those duties have been specifically
identified and officially approved in the detailed business plan submitted as part of the stewardship grant
application. [See County Charter Section 10-16(h)(6)]
After the County Council passes a resolution authorizing the grants, the Director of Finance will
enter into a grant agreement with the non-profit organization for the administration of the grant funds. The
non-profit is required to provide performance reports, which are reviewed by the Commission to verify that
iv.
grant objectives are being met. [See PONC Rules of Practice and Procedure 4(g)
Pōhāhā I ka Lani, a non-profit corporation, has successfully stewarded the Waipio Valley Lookout County
parcel since 2016. Thousands of volunteers have mālama this lot over the years, establishing healthy gardens,
landscaping maintenance, restoring bamboo fencing, and providing thousands of hours of education to the
children of Hawaiʻi
Status of Properties on Past Prioritized List
The County completed the Status of Properties on the Past Prioritized List, which can be found on
the County's website public folders. The list contains all properties that made the 50% threshold, ranked
by the Commission, what year they ranked, resolution information, and status since this program was
established in 2006.
Conclusion
Our island is incredibly rich in cultural heritage, consisting of thousands of acres of historical sites,
pristine native forests, and coastlines. Within our island, we are hosts to a variety of rare and endangered
species, such as the Nene bird, Horry Bat, Hawaiian Monk Seal, Hawksbill Turtles, numerous flora and
fauna, and other animals. The Open Space Program provides the means to facilitate the protection and
preservation in perpetuity these unique spaces which provides our posterities opportunities to learn, renewal
of traditional cultural practices, and public access to coastal lands. We must continue to support this unique
program.
Finally, we thank the members of our PONCommission for their dedication and valuable service
on this unique Commission.
Ms. Deanna Sako, Director of Finance; Mr. Hamana Ventura, Property Manager;
Ms. Maxine Cutler, Property Management Technician/Commission Secretary;
and Ms. Jean Campbell, Deputy Corporation Counsel.
Photo 1: Waipio Valley Lookout [Koaʻekea]. Photo courtesy of Pōhāhā I Ka Lani.
v.
COUNTY OF HAWAI‘I
DEPARTMENT OF FINANCE
2023 Annual Report to the Mayor
CHAPTER 1
2023 Prioritized List
Summaries from the Commissioners
November 15, 2023
1-1
PRIORITY #1: ʻANAEHOʻOMALU KAPALAOA
(Suggestion 23-01, Scored 95.71%)
Tax Map Key No. (3) 7-1-003:010, consisting of approximately 27 acres
of the Puʻuanahulu Ahupuaʻa in the District of North Kona, Hawaiʻi.
The 27.38 acre parcel located in Puʻuanahulu Ahupuaʻa in North Kona is currently owned by Waikōloa
Land and Cattle Company and was originally purchased for the purpose of expanding the Waikōloa Beach
Resort. Within this property is a concentrated and extensive network of intact ancient and historic trails
that serve as a connection between numerous significant biological-cultural areas including but not
limited to Keahualono Heiau, Hiʻiakaikaʻaleʻī Heiau, abrader quarries, habitation caves and complexes,
and countless petroglyphs. This coastal property is populated with native insects, native crustaceans, and
native plants, including the rare endemic Hawaiian caper, the native ʻōpaeʻula (Halocardina
rubra)maiapilo (Capparis sandwichiana) and the nalo meli maoli, or yellow-faced bees (Hylaeus sp.).
The ʻAnaehoʻomalu Kapalaoa property holds a special place in the Native Hawaiian community of
Puʻuanahulu and represents an opportunity to reconnect and sustain a generational relationship of
Puʻuanahulu ʻohana to place. The trail system, which spans the property, extends into the adjacent
properties, indicating long-held connections amongst people and place for generations into the past.
These connections have the potential to remain in place long into the future for generations to come with
Figure 1. One of several rocky outcroppings along the shoreline which are used by fishermen and marine life. *PC: La Crivello
1-2
the acquisition of this property. The continuum of this massive trail network extends mauka into
Puʻuanahulu, southwest into the Kīholo State Park Reserve, makai to Kahapapa and Kuʻualiʻi fishponds,
and at one time, the northeastern portion, which is now surrounded by Waikōloa Beach Resort, remained
completely intact.. It is critical that spaces such as this be protected immediately to supportthe continuity
of traditional, place-based practices.
ANTICIPATED USE
• Public access is primarily by foot only.
• Parking is located near the Lava Lava Beach Club, a short walk to the beach and the trail network
which provides direct access to the coastal and inland portions of the property, respectively.
• The coastal segment of the property is expected to remain accessible according to current access
standards. Future use of the coastal portion of the property would likely remain the same.
• Keahualono Heiau (Figure 2), a ceremonial platform built for Lonoikamakahiki, the boundary
marker between North Kona and South Kohala and the northern boundary of
Kekahawaiʻoleonākona (the waterless lands of Kona) is still used today to perpetuate traditional
Hawaiian practices.
• Hiʻiakaikaʻaleʻī Heiau, which is suggested to have served as a ceremonial space for healing and
regrowth, will continue to be used for traditional practices relative to this heiau.
• The Ala Nui Aupuni (Old Government Road) just east of the property is maintained across the
resort landscape, and is used for recreational and traditional cultural practices. The Ala Loa
(ancient trail network) within the lava flow of the property is still utilized by ʻohana of Puʻuanahulu
as a way to maintain connections and reconnect with ancestral knowledge and experiences
through traditional cultural practices (Figure 4). Ala Kahakai Trail Association, Ala Kahakai National
Figure 1. Keahualono Heiau, looking makai towards ʻAnaehoʻomalu. *PC: Trust for Public Lands.
1-3
Historic Trail, and community members intend on hosting trail work days to maintain these trail
systems throughout the property.
SIGNIFICANCE AND MANAGEMENT
• Nonprofit Nā ʻŌiwi o Pu‘uanahulu is the proposed future owner of 'Anaeho'omalu Kapalaoa, with
the County of Hawai‘i holding a Conservation Easement over the property to protect it in
perpetuity. Nā ʻŌiwi o Pu‘uanahulu plans to partner with nonprofit Hui Aloha Kīholo, descendant
families, and the community to steward this ʻāina as a kīpuka where families can reconnect to
their ancestral lands and the broader community can help mālama, care for, and restore its
precious cultural and natural resources.
• Currently, the Kīholo State Park Reserve is jointly managed by the Division of State Parks and Hui
Aloha Kīholo. Hui Aloha Kīholo acts as stewards of the Kīholo Bay, guided by lineal descendants of
the area. The property in Suggestion 23-01 could expand the protection on a landscape scale.
Several non-profit entities intend to be a part of the management of this parcel, including Nā ʻŌiwi
o Puʻuanahulu, Hui Aloha Kīholo, and Ala Kahaki Trail Association. Hui Aloha Kīholo and Nā ʻŌiwi
o Puʻuanahulu share many of the same individuals, many of which are lineal descendants and
cultural practitioners of the area. Thus, it is likely that the cohesive landscape-scale management
of the natural and cultural resources would be successful in the future.
• A lava tube network covered with petroglyphs and including a pristine anchialine pool complex
extends from beneath Hiʻiakaikaʻaleʻī to the coast (Figure 2 and 6), providing habitat to ʻōpaeʻula
(Halocardina rubra) and highlighting the unique underground water systems of
Kekahawaiʻoleonākona. Water is found to spring forth through these anchialine ponds from
underground aquifers and through punawai (springs) in the ocean.
• Areas of this region where water can be found were highly coveted and protected as they provide
the most fundamental resources for survival in a geographic area known for its harsh exposure to
the sun and heat. These precious coastal ecosystems are a part of the larger watershed which
extends to ʻAnaehoʻomalu Bay, a well-known site for traditional fisheries and fishing practices
which ʻohana continue to exercise today.
• The property contains many
native plant species known for
medicinal qualities and cultural
practices such as ʻuhaloa, kou,
milo, hala, and maiapilo
Figure 2. Rare maiapilo (Capparis
sandwichiana) thriving along the
coastline. *PC: Jodie Rosam.
1-4
SPECIAL OPPORTUNITIES FOR ACQUISITION AND/OR MANAGEMENT
• Because of the extensive resources on the property (primarily cultural resources), the landowner
is interested in selling the property for preservation.
• The resort adjacent to the property to the north has developed an extensive amount of coastline,
however; this property, along with the adjacent Kīholo State Park Reserve presents an
opportunity to protect one of the last undeveloped stretches of coastline in the area, while still
allowing public access of the shoreline and culturally significant resources.
Figure 4. An extensive trail
network within the lava
flows includes the Ala Loa,
which traverses through
the property and connects
to the overarching ancient
and historic trail system.
*PC: La Crivello.
STRENGTHS
• It is a potential site for protecting natural and cultural resources, providing public access, partnerships and
educational opportunities, and perpetuating Hawaiian cultural practices and access for continued practice.
• The protection of this property is critical to the management and protection of the Kona Watershed, as well
as groundwater recharge and coastal ecosystem health.
• The property is utilized by the public for fishing, gathering, surfing, cultural practices, and overall recreation.
• Nā ʻŌiwi o Puʻuanahulu and Hui Aloha Kīholo have expressed a willingness to play a role in ownership as
well as stewardship, ensuring descendant-led and community-based stewardship of the property.
• The landowner has provided a letter of intent to sell for preservation.
1-5
End of Summary Report by Ms. La Crivello, Commissioner.
Figure 5. Property location of TMK (3) 7-1-003:010 as relative to ʻAnaehoʻomalu Bay and the Lava Lava Beach Club.
1-6
PRIORITY #2: PUNAHOA HERITAGE FOREST
(Suggestion 23-02, Scored 85.29%)
TMK No.(s) (3) 2-5-001:011, consisting of approximately 1,052 acres
of the Punahoa Ahupua‘a, South Hilo, Hawai‘i.
The Punahoa Heritage Forest is comprised of nearly 2,000 acres of lowland wet forest (1,052 acres of
which are included in this suggestion) which serves as a critical component of the Hilo Watershed. It serves
as an integral component to the health of our human, plant, and animal communities as well as our marine
ecosystems. The forest is home to native insects, plant species, and endemic birds including the Hawaiʻi
ʻamakihi (Chlorodrepanis virens) and ʻio (Buteo solitarius). The kīpuka within the property contain not only
rare plant species but provide opportunities for restoration and research, as well as perpetuating cultural
practices and retaining human connections to ʻāina.
The Punahoa Heritage Forest is unique in that it binds together a greater continuous landscape across
existing land boundaries in order to preserve and protect watersheds and native plant and animal species
that are both ecologically and culturally significant. There is a partnership between the United Church of
Christ Hawaiʻi Conference Foundation (UCCHF), who owns the adjacent property to the north, and the
Pūʻā Foundation to protect the greater Punahoa Heritage Forest. Several ecologically and culturally
significant kīpuka straddle the boundary of both properties, and this partnership is key to the successful
protection of the greater landscape. It is critical that forests such as this are protected immediately in
Figure 1. Metrisoderos polymorpha) are the dominant canopy species. *PC: Jodie Rosam
Figure 2. Understory vegetation includes Kupukupu
(Nephrolepis cordifolia), Hāpuʻu (Cibotium menziesii, not
pictured), Uluhe (Dicranopteris linearis), and Paʻiniu
(Astelia menziesiana). *PC: Jodie Rosam
1-7
order to slow the spread of Rapid ʻŌhiʻa Death and maintain the genetic biodiversity on which the health
of Hawaiʻi’s ecosystem (and ultimately human) health rely.
ANTICIPATED USE
• The Pūʻā Foundation is seeking a Conservation Agreement (CE) on this property between the
County and themselves.
• The overarching goal of the Punahoa Heritage Forest is to balance conservation of the natural and
cultural resources of the forest with Hawaiʻi lifeways practices. The vision is to first understand
the natural and cultural resources on the property, and then safely open certain areas to the
public for education, gathering, cultural practices, etc. The Pūʻā Foundation is dedicated to
preserving and sharing Hawaiian culture with the public, while allowing the forest to flourish and
rejuvenate.
• Public access into the property in Suggestion 23-02 is by foot only, and this will likely be the case
in the future (due to the potential spread of Rapid ʻŌhiʻa Death). Pūʻā Foundation may choose to
open a larger parking area near Saddle Road, though a site would be carefully selected based on
the natural and cultural resources of the area. The Pūʻā Foundation sees fencing in the Punahoa
Heritage Forest as a priority.
• The Punahoa Heritage Forest is a convenient site for Univeristy of Hawaiʻi at Hilo students and
scientists to study forest composition, forest dymanics, seed dispersal, etc.
Figure 3. ʻIeʻie (Freycinetia arborea), an indicator of a
healthy forest, winds through the Olomea (Perrottetia
sandwicenses). *PC: Jodie Rosam
Figure 4. Olomea (Perrottetia sandwicenses) is common on the forest edge. *PC: Jodie Rosam
1-8
SIGNIFICANCE AND MANAGEMENT
• The UCCHCF property (922 acres included in the Punahoa Heritage Forest) is currently under a CE
agreement held by The Nature Conservancy (TNC) and the land owners. The Pūʻā Foundation
envisions the CE on the Suggestion 23-02 property to be cohesive with the greater landscape
rather than just by property boundary deliniations.
• There has been much discussion of the importance of landscape-scale preservation, potential
outlooks of the suggested three phase rollouts (including identifying pros, cons, and management
concerns) across the property, and next step suggestions (including collaborations with relevant
stakeholders and comprehensive flora / fauna and archaeological surveys).
• The Pūʻā Foundation highlights the need for a collaborative management effort of the property
and is open to potentially not putting the entire property into a CE in order to allow for minor
infrastructure on the property (i.e., composting toliets, gathering place) where no flora / fauna or
archaeological sites would be impacted.
SPECIAL OPPORTUNITIES FOR ACQUISITION AND/OR MANAGEMENT
• While this property is owned by the Pūʻā Foundation and is not currently under the threat of
development, the adjacent parcel to the south is being considered for koa logging. Because the
forest knows no boundaries, it is important to quickly gather information on the natural and
cultural resources of the property and the kīpuka within in order to inform the landowner to the
south and protect the greater landscape.
• The property is part of the greater Punahoa Heritage Forest with support from the UCCHCF, and
thus the Pūʻā Foundation has strong potential to leverage resources as a partner organization.
Figure 5. Stream entering two holding ponds, used by children as safe swimming holes. *PC: Deborah Chang
1-9
• Much of the surrounding land is owned by the State, and Pūʻā Foundation can likely form
agreements with the State to facilitate access and management. Furthermore, the kīpuka located
within the property have been a research site for students of UH Hilo and scientists within the
area, and the potential for collaboration will only continue to grow.
STRENGTHS AND WEAKNESSES
Strengths:
• It is a potential site for protecting
natural and cultural resources,
providing public access, partnerships
and educational opportunities, and
perpetuating Hawaiian cultural
practices.
• Both UCCHCF and Pūʻā Foundation
share a vision of conservation that
would encompass nearly 2,000 acres.
• The protection of this property is
critical to the management and
protection of the Hilo Watershed, as
well as groundwater recharge and
coastal ecosystem health.
• While the exact terms of the CE need
to be solidified in order to meet the
needs of the forest as well as of the
goals of the Pūʻā Foundation, it is clear
that an agreement between the Pūʻā Foundation and the County would have countless benefits
and would open up many opportunities within the community.
Weaknesses:
• A full flora / fauna and archaeological reconnaissance of the property is needed prior to making
informed decisions about the terms of the CE.
Figure 6. Clear fresh water collects in the holding ponds before
flowing makai. PC: Jodie Rosam
1-10
Figure 7. The Pūʻā Foundation and the UCCHF properties compose the nearly 2,000 acre Punahoa Heritage Forest. *Map from submitted application.
End of Summary Report by Ms. Jodie Rosam, Commissioner.
1-11
PRIORITY #3: KE ALA KAHAWAI `O WAIMEA (THE WAIMEA TRAIL)
(Sugges�on 23-04, Scored 75.57%)
TMK No.: (3) por�on of 49 parcels, consis�ng of approximately 11,458.82 acres
of the Lalamilo Ahupua‘a, South Kohala, Hawaiʻi.
The Waimea Trail is a grassroots community project that has grown to serve and connect Waimea
residents and visitors for almost 30 years. The vision of Ke Ala Kahawai ‘o Waimea as a “connected
greenway corridor for gathering, walking, biking, and sustaining a cherished rural landscape and lifestyle
for future generations. The goal is to create a roadless corridor, which will provide an accessible, non-
motorized vehicular pathway connecting residences, businesses, and the many schools in the area. As
envisioned by the Waimea Trails and Greenways (WTG) Committee, the proposed project consists of six
multi-TMK increments and will eventually connect to a 14-mile trail, from Waimea town to the coastal
shoreline.
ANTICIPATED USE
The historic community of Waimea is bisected by a four-lane highway, Hawai‘i Belt Road, which impedes
safe biking and walking. The current trail section serves as a safe alternative to walking or biking on the
very busy cross-island roadway.
Figure 1. The Waimea Trail. *PC: Deborah Ward
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PUBLIC OUTDOOR RECREATION
Acquisi�on of added increments would promote
public safety, ease traffic conges�on, encourage
outdoor recrea�on, and invite community educa�on,
as well as assis�ng in preserving expansive green
corridors along the Waikōloa and Keanuʻiʻomanō
streams, and historic and culturally significant lands
within the Lālāmilo, Keanuʻiʻomanō, ʻŌuli, Kawaihae,
Puʻukapu, Waimea/Waikōloa ahupuaʻa, in the district
of South Kohala, Council District 9.
EDUCATION :
By using the trail, school children and visitors can
safely plant na�ve trees, inves�gate stream-life, take
part in community efforts on the trail, and learn
about the rich cultural and agricultural history of the
region.
Figure 3. Waimea Trails and Greenways (WTG) Commitee and community volunteers are removing invasive grasses and have planted dozens of na�ve shrubs and trees, including this Acacia koa, na�ve to the area.
*PC: Deborah Ward
Figure 2. Signage. *PC: Deborah Ward
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HISTORIC AND CULTURAL IMPORTANCE
The watershed area of the Kohala mountains once supported several thousand na�ve Hawaiians, who
prac�ced subsistence agriculture, made kapa, and thatched dwellings. As the Europeans arrived in the
area, most of the sandalwood (Santalum ellip�cum) forests were harvested and the land became ideal for
grazing animals.
California longhorn catle were given as a gi� to Hawaiian King Kamehameha I by Bri�sh Captain George
Vancouver in 1793. In 1809, John Palmer Parker arrived to the area a�er jumping ship and over �me
became employed by the king to maintain the catle. Parker married Kipikane, the daughter of a high-
ranking chief, and as a family developed what is now Parker Ranch, the largest ranch in the area”( "Waimea
(Kamuela) Big Island of Hawaii - Brief History". 2012-03-17).
PROTECTION OF NATURAL AND CULTURAL RESOURCES
The extensive Kohala field system can s�ll be seen from por�ons of the proposed trail, and the Ala Kahakai
Trail follows the coastline over ancient fishermen’s trails and Hawaiian Kingdom roads that have been
connected through genera�ons of use to form a single con�nuous route. The Ala Kahakai also provides
access to some of the most pris�ne shoreline remaining in Hawaiʻi, as well as numerous anchialine ponds,
which are unique ecosystems given highest protec�on. The Waimea Trail envisions an opportunity for
residents and visitors to experience these lands on foot.
Figure 4 and 5.. The extensive Kohala field system, once used to
produce crops including dryland taro to nourish the indigenous
residents of the district, can be viewed from the Waimea trail
increment proposed for purchase. *PC: R. Vitousek
1-14
Figure 6. The WTG Commitee aims to extend the trail from Waimea to the sea, in defined increments. Hualālai, Mauna Kea, and the coastline can be viewed from this por�on of the proposed trail, when easements are secured from adjoining landowners.
SIGNIFICANCE
Waimea has experienced rapid popula�on growth, along with increased cross-island traffic. Lacking
sidewalks, pedestrians and bicyclists travelling along the road face dangerous condi�ons at all �mes of the
day. The Waimea trail could offer far safer pedestrian access to local businesses, schools and workplaces.
COMMUNITY SUPPORT
The Waimea Trails and Greenways (WTG) Commitee oversees the current increment of the Waimea Trail,
which is managed en�rely by community volunteers, with the occasional assistance of county and military
personnel.
URGENCY
For some segments of the proposed increments, time is of the essence, as lands for sale are anticipated
to be developed for housing, precluding later acquisition. This investment in public greenspace is
particularly important in the face of current and future development plans, which would increase housing
density, as well as traffic congestion, in the area.
1-15
Figure 8, 9, and
10. Na�ve
plants `ili`ahi,
`u`ulei, and
a`ali`I growing
on trail
corridor. *PC:
Deborah Ward
SPECIAL OPPORTUNITY FOR ACQUISITION
Acquisi�on of easements on two TMK proper�es adjacent to Parker School would provide trail access to
the students, enabling them to walk to school on the established trail facing Lindsay Rd. An easement for
one property is owned by The Lodge, an acreage of 9000 sq. �., and another is owned by Parker School,
which has commited to providing a por�on of the trail.
Secondly, a por�on of property owned by Hawaii Bap�st Church would connect to Church Row, a por�on
owned by Island Community Lending connects a state parcel to the Bap�st Church property.
Figure 7. PC: Clem Lam
A trail easement through Parker Ranch is sought across the stream from the Sandalwood subdivision.
Parker Ranch plans on developing the parcel someday into a Sandalwood-type development so ge�ng a
usable easement through this now is cri�cal to having a trail that can be built safely. This also moves the
1-16
trail further away from Sandalwood residents whose lots go to the center line of the stream. Na�ve plants
including sandalwood (`ili`ahi), `u`ulei, and a`ali`i have been planted along the trail corridor.
STRENGTHS AND WEAKNESSES
Weaknesses: One of the most complex problems concerns the lands in Increment 3, which are bisected
by the “Old Government Road.” To the Commissioners’ knowledge, this area has not been officially
surveyed by the Hawai‘i County in recent years. For this reason, it is unclear if the private landowners or
if the County of Hawai‘i possess the “right of way” on the old road. The research and effort that will be
required to survey, examine, and untangle this legal issue of right of way possession may possibly take
many years. Nevertheless, such a difficulty will not deter the Waimea Trail Commitee or the PONC
Commission from con�nuing to find a way forward so that these Waimea Trail lands may be purchased
and protected by Hawai‘i County with the use of PONC funds.
Strengths: Ke Ala Kahawai ‘O Waimea (The Waimea Trail) is an important effort to ensure the protec�on
and u�liza�on of historical, cultural, and environmental features of the district, as well as to ensure the
general safety of the people of Waimea. There are improvements that would make the trail more
accessible right in town; PONC conserva�on easement or fee simple purchase would be necessary so that
PONC maintenance funds could be granted.
Figure 11. PC: of Clem Lam
List of effected Tax Map Keys are located on the next page.
No. TMK No. (3) Owner GIS Acres
1 62001018 Hale Wailani 159.1640529
2 62001019 Queen Emma Foundation 797.1722359
3 62001051 Ouli Land Company 830.1460249
4 62001074 Hale Wailani 19.88519646
5 62001075 Hale Wailani 237.3212346
6 62001088 Bridge Aina Le'a 0.22947982
7 62001089 Bridge Aina Le'a 0.22789019
8 62002006 Queen Emma Foundation 360.4493836
9 62007001 Govt. County of Hawaii 7.67326922
10 64001032 Govt. State DHHL 47.22209711
11 64001053 Puʻu Ne'e Ne'e LLC 28.34725357
12 64001054 Puʻu Menehune LLc 12.86276574
13 64001060 Govt. State 0.75698445
14 64001114 Curtin, Dennis 0.83519173
15 64001146 Jones, Nancy L Trst 15.81335459
16 64001155 Jones, Nancy L Trst 19.01808731
17 64001999 Old Jeep Road (County/State/In Limbo?)10.24551142
18 65003001 Bank of Hawaii Trustees 1.7122592
19 65003002 Greenwood Center, LLc 5.04329981
20 65003004 Govt. County of Hawaii 1.16763113
21 65003005 Parker Ranch 1.00546583
22 65003031 Govt. County of Hawaii 0.03149326
23 65003044 Carter Professional Center 2.29178767
24 65003045 Canada-France-Hawaii Telescope 3.15181771
25 65004007 Govt. State 1.93866591
26 65004012 First Baptist Church of Waimea 1.77865412
27 65004015 Govt. State 2.43391888
28 65004025 Parker School 12.21009538
29 65004056 Hawaii Conf. Foundation 0.00920384
30 65004063 Parker School 1.47103597
31 65004099 Parker Ranch 5.556057
32 65004108 Curtin, Dennis 2.06464135
33 65005001 Puna Plantation Hawaii LTD 1.04099997
34 65005009 Apuakea Partners LLC 1.65964669
35 65005018 Parker School 1.21449453
36 65005020 Yim, Rowell A Trst 0.87223994
37 65005021 Kanilehua Traders LLC 0.42598489
38 65005023 Govt. County of Hawaii 0.01745799
39 65005025 Parker School 0.85105079
40 65009102 Govt. State 0.00461984
41 66001002 Govt. State 8353.090423
42 66001010 Govt. State 19.57154343
43 66001038 PR Mauna Kea 209.5815776
44 66001050 Govt. State 8.99915342
45 66001077 Govt. State DHHL 221.3190664
46 66003006 Govt. State 15.85880904
47 66003007 Govt. State 10.10672955
48 66003010 PR Mauna Kea 8.74807995
49 66003013 PR Mauna Kea 16.22250535
11,458.82
Suggestion 23-04 List of Tax Map Keys
End of Summary Report by Ms. Deborah J Ward, Commissioner
duplicates removed original listed 53 TMK.
1-17
COUNTY OF HAWAI‘I
DEPARTMENT OF FINANCE
2023 Annual Report to the Mayor
CHAPTER 2
RULES of PRACTICE and PROCEDURE OF THE
HAWAI‘I COUNTY'S PONC COMMISSION
Amended May 31, 2023
November 15, 2023
RULES OF PRACTICE AND PROCEDURE OF THE HAWAI'I COUNTY
PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION COMMISSION
RULE 1. AUTHORITY
These mles and regulations are promulgated by the public access, open space,
and natural resources preservation commission in furtherance of the county charter of
the County ofHawai'i, State ofHawai'i Sections 10-15 and 10-16 and pursuant to
Chapter 2, Article 42, Sections 2-214 through 2- 218, of the Hawai'i County Code,
1983 (2005 Edition, as amended).
RULE 2. GOALS
The goals of the commission are:
(a) to solicit suggestions from the community for lands considered to be
worthy of preservation;
(b) to provide the mayor of the County ofHawai'i with an island wide list of
prioritized properties;
(c) to review stewardship grant applications and to recommend recipients of
stewardship grants from the maintenance fund to the department of finance;
(d) 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
preser/ation fund; and
(e) to explore methods of funding land acquisition, stewardship, and make
recommendations to the mayor.
RULE 3. DEFINITIONS
Wherever used in these rules and regulations, the following terms shall be
taken to have the following meaning:
(a) "Charter" means the county charter of the County ofHawai'i, State of
Hawai'i.
(b) "Commission," "Chair," "Vice Chair" and "Commissioner" mean the
public access, open space, and natural resources preservation commission
of the County ofHawai'i, its chair, its vice chair and a member thereof,
respectively.
(c) "Council" means the county council of the County ofHawai'i.
(d) "Department" means the department of finance of the County ofHawai'i or
its authorized representative.
(e) "Director" means the director of finance of the County ofHawai'i.
-1 -2
(f) "HRS" means Hawai'i Revised Statutes, as may be amended from time to
time.
(g) "Mayor" means the mayor of the County ofHawai'i.
(h) "Meeting" means the convening of the commission for which a quomm is required 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 the chair of the commission, or in the chair's absence, the
vice chair, or in the absence of both the chair and the vice chair, the acting chair
appointed pursuant to Rule 6-2.
(k) "Public Record" shall have the meaning set forth 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 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 these mles of practice and procedure of the commission.
(m) "Secretary" means the secretary of the commission.
RULE 4. DUTIES AND RESPONSIBILITIES
The duties and responsibilities include:
(a) The commission staff may accept suggestion fonns from the public at any time
throughout the year and shall forward to the commission all complete suggestion forms
received by January 31 of each year to the commission for evaluation. The commission
may conduct interviews and perform site visits in accordance with Rule 6-4(h) and
other activities reasonably necessary to formulate a recommendation;
(b) The commission shall adopt and utilize a standard assessment criteria form for use in
evaluating and scoring each parcel or easement. The factors for scoring shall be those
set forth in the charter and Hawai'i County Code Section 2-214.l(c). The assessment
criteria form shall assign each factor set forth in the code a range of points, the total of
which shall be one hundred (100) points. The commission shall give emphasis to
acquisitions where the County's contribution can be leveraged to obtain State, Federal,
and/or private funds. Those proposed parcels or easements receiving fifty (50) points
or more of the total available assessment criteria points in confonnance with the
assessment criteria form shall be included in the priority list. Those parcels or
easements receiving less than fifty (50) points of the total available assessment criteria
points in conformance with the assessment criteria form shall be noted in the annual
report but not included in the priority list;
(c) From the submitted suggestions received annually, the commission shall develop and
submit to the mayor an island-wide priority list of qualifying lands or easements
worthy of preservation. The priority list shall prioritize parcels and easements on an
-2-2
island-wide rather than district basis. The list shall include the significance of each
parcel or easement identified, the reason for its priority, and its anticipated use after
acquisition;
(d) The commission shall update the priority list by December 31 of each year and
include the priority list in an annual report to the mayor, which shall be transmitted to
the mayor within a reasonable period of time following the annual update of the
priority list;
(e) The commission shall explore methods of funding land acquisition and make
recommendations to the mayor;
(f) The commission staff may receive grant applications from the public at any
time throughout the year and shall forward all complete grant applications
received by August 15 of each year to the commission for evaluation.
Incomplete applications and applications received after the August 15th
deadline shall be rejected for the current year but may be accepted for
following year consideration. The commission shall review stewardship
grant applications, business plans, management plans, agreements, and
other documentation accompanying grant applications. The commission
may conduct interviews and perform site visits in accordance with Rule 6-
4(h) and other activities reasonably necessary to formulate a
recommendation. The commission shall make recommendations to the
director of the department regarding applications for stewardship grants
from the maintenance fund. 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; and
(g) The commission shall 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.
RULE 5. PURPOSE
These rules govern the practice and procedure of the commission and provide a
systematic and democratic method of conducting meetings in order to ensure that all
persons will have an opportunity to participate in an open, productive, and orderly
manner.
RULE 6. ORGANIZATION AND PARLIMENTARY RULES
6-1. ORGANIZATION
The 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
-3-2
mayor and the approval of the council. The members shall serve staggered terms of
five years. Staff support shall be provided by the department.
6-2 ELECTION OF CHAIR AND VICE CHAIR
At the last regularly 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 chair or vice chair from
among its members at its last regularly 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 who shall
preside for only the meeting at which the acting chair is elected.
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 quomm to transact business. The affirmative vote of a majority of
those commissioners present shall be necessary to make any action valid.
6-4 MEETINGS
The commission may meet and perform its duties in any part of the County of
Hawai'i. Except as provided by law, all meetings are open to the public.
(a) Regular Meetings - Regular meetings of the commission for the transaction
of its business shall be held in person on the second Monday of every
alternate month, January, March, May, July, September, and November, or
as otherwise 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 upon the satisfaction of all requirements for a meeting set forth in
HRS §92-8.
(c) Conduct of Meetings - All meetings of the commission shall be conducted
in accordance with the State ofHawai'i Public Agency Meetings and
Records Law, HRS, Chapter 92, and the most recent edition of Robert's
Rules of Order.
(d) Notice - The commission shall provide written public notice of every
regular, special, or rescheduled meeting, or any executive meeting 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.
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(e) Adjournment - Meetings may be adjourned at any time by vote of the
commissioners present at the meeting, and unless otherwise specified in the
motion, every adjournment shall be deemed to be until the next meeting of
the commission.
(f) Continuation of decision making - Any matter which fails to be determined
by a majority concurrence of the commissioners present may be continued
to any subsequent regular meeting.
(g) Effective date of commission decision - Unless a specific effective date is
set forth, the effective date of a decision rendered by the commission shall
be the date of the meeting at which such valid decision was made.
(h) Site visits policy- Site visits shall be conducted according to the provisions
ofHRS §92-2.5:
(1) Site visits conducted by the full commission shall be properly noticed
and conducted according to these rules and ADA accessibility
requirements. All discussion shall be "on the record" and no decision
making shall occur while on the visit.
(2) Informal site visits may be conducted by only 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.
(3) Site visits may be conducted by up to four commissioners as a
"permitted interaction group" as set forth in HRS Chapter 92.
(4) All site visits shall be respectful of private property, and lacking owner
permission to enter the subject property, shall only be conducted from
nearby or adjacent public properties. Participating commissioners shall
obtain permission to enter onto private property from the landowner or
their representative and provide written evidence thereof to the
department.
6-5 MINUTES
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.
Minutes shall include:
(a) The date, time, and place of the meeting;
(b) The commissioners recorded as either present or absent;
(c) The substance of all matters proposed, discussed, or decided; and a record,
by individual commissioner, of any votes taken; and
(d) Any other information that any commissioner requests be included or
reflected in the minutes.
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The minutes shall be public record and shall be available within 40 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.
6-6 OFFICERS AND THEIR DUTIES
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. In the
absence of both the chair and the vice-chair, the meeting may proceed upon the
presence of a quorum of the members and the election by the members then present of
an acting chair to act pursuant to Rule 6-2 to act as the presiding officer for the
duration of the meeting. The presiding officer shall:
(a) Open all meetings of the commission by taking the chair and calling the
meeting to order;
(b) Call for the approval of the minutes of any preceding meetings when a
quorum is present;
(c) Maintain order and proper decomm based on Robert's Rules of Order;
(d) Announce the business before the commission in the order prescribed by
these rules;
(e) Review all matters properly brought before the commission, call for votes
upon the same and announce the results;
(f) Appoint all permitted interaction groups unless otherwise ordered by the
commission;
(g) Authenticate by signature all acts of the commission as may be required by
law, unless delegated to the director;
(h) Do and perform such other duties as may be required by law, or such as
may properly appertain to such office;
(i) Make known all rules of order when so requested, and to decide all
questions of order, subject to an appeal to the commission;
(j) Take into consideration such matters as shall not be within the scope of the
duties or powers of any permitted interaction group 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
(k) Represent the commission in all functions, as directed by the commission or
designate a representative from the membership of the commission.
(1) Set meeting agendas in consultation with staff,
6-7 STANDARDS OF CONDUCT
Disclosure of Interest - The conflict of interest provisions of the Hawai'i
County Code shall apply to the commissioners. Whenever a possible conflict of
-6-2
interest or other ethical question on any matter pending before the commission or any
of its permitted interaction groups is raised by anyone regarding a commissioner, the
affected commissioner shall promptly make a disclosure to the commission. When a
commissioner has made a disclosure and is deemed by the commission to have a
conflict of interest, such conflict shall apply to all subsequent actions relating to said
matter. The conflicted commissioner shall comply with the conflict of interest
provisions of the Hawai'i County Code.
6-8 SUSPENSION OF THE RULES
For good cause, the commission may vote to suspend the mles.
6-9 SEVERABILITY
If any provision of these mles 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
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 by inquiring at the principal place of business. All
mles, orders or opinions of the department are on file and available for public
inspection at the office during business hours at 25 Aupuni Street, Suite 1101, Hilo,
Hawai'i 96720-4252.
(b) Inquiry may be made in person at the department during business hours or by
submitting a request for information in writing to the commission, c/o Department of
Finance, 25 Aupuni Street, Suite 1101, Hilo, Hawai'i 96720-4252.
7-3 COPIES OF PUBLIC RECORDS
Copies of public records may be requested by members of the public and shall be
provided as required by HRS Chapter 92 and Chapter 92F, including if applicable the payment of
any fees or costs.
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 or Chapter 92F.
-7-2
Adopted on May 8, 2023, by the Public Access, Open Space, and Natural Resources
Preservation Commission:
i .£?<C
DEBORAH L. CHANG
Chairperson
^i^LJLg_J2^$
Date_J -'
Approved as to form and legality:
mLL
Deputy Corporation Counsel
^ AA^Z^
Date
Approved:
<^i^^ Qgff^
MITCHELL D. ROTH
Mayor, County ofHawai'i
r-^-^
Date
I hereby certify that the foregoing Rules of Practice and Procedure of the Hawai'i County
Public Access, Open Space, and natural Resources Preservation Commission was received and
filed in my office on this ^isf day of May, 2023.
JQH-HENRietCS
County Clerk
-8-2
COUNTY OF HAWAI‘I
DEPARTMENT OF FINANCE
2023 Annual Report to the Mayor
CHAPTER 3
November 15, 2023
STEWARDSHIP
2024 LIST OF STEWARDSHIP GRANT APPLICATIONS GRANT YEAR JULY 1, 2024 – JUNE 30, 2025 Deadline to file was on August 31, 2023
STU. 24- Applicant Property Tax Map Key No. (3)- Amount Requested $
01 Kohanaiki ‘Ohana O’oma Beach, N. Kona 7-3-009:004
41,400.00
02 Pōhāhā I Ka Lani Waipi’o Lookout, Hāmākua 4-8-004:006
114,940.00
03 Hawaii Enviromental Restoration, MA Waiʻele, Puna 1-4-003:003, 037
23,587.00
04 Hawaii Enviromental Restoration, MP Waiʻele, Puna 1-4-003:003, 037
7,990.00
05 Hawaii Farmers Union Kohala Chapter,
MP
Banyanʻs Tree, Hawi 5-5-015:042
29,500.00
05 Hawaii Farmers Union Kohala Chapter,
MA
Banyanʻs Tree, Hawi 5-5-015:042
29,000.00
06 Ho'omalu Ka’u Kahua Olohu 9-5-012:005
26,500.00
07 Friends of Amy BH Greenwell
Enthobotanical Gardens
Amy BH Greenwell
Gardens
8-2-013:002, 003, 014
8-2-014:043; 8-2-015:059 223,200.00
08 Ala Kahakai Trails Association,
Ranger Program
Waikapuna, Kaunamano,
and Kilokaʻa, Kaʻu
Various totaling 10
parcels 132,500.00
09 Ala Kahakai Trails Association, MP Kaunamano, Kaʻu 9-5-001, 004, 005, 006
9-5-012:001 80,000.00
10 Ala Kahakai Trails Association, MP Kiolakaʻa, Kaʻu 9-4-001-008, 009, 016,
017, and 023 173,500.00
11 Na Maka Haloa O Waipio Pohoʻiki, Puna 1-3-008:097
260,000.00
12 Malama O Puna, MP Waiʻele, Puna 1-4-003:003, 037
104,000.00
12 Malama O Puna Waiʻele, Puna 1-4-003:003, 037
369,699.00
= Conservation Easement by the County of Hawaiʻi MA = Maintenance Activities and Public Education MP = Management Planning