HomeMy WebLinkAbout2008-12-31 (2008 PONC Annual Report to the Mayor)i
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William P_ Kenai
Ucyor
William T. Takaba
Managing Drreeior
Wally Lau
Deputy Managing Director
HAWAII COUNTY PUBLIC ACCESS, OPEN
SPACE AND NATURAL RESOURCES PRESERVATION
COMMISSION
c/o 25 Aupunr Street, Hilo, Hawaii 96720
Phonv 961.8069, Fax 961 -8248
December 31, 2008
Honorable William "Billy" Kenoi, Mayor
County of H.awai`i
25 Aupuni Street
Hilo, Hawa'i'i 96720
Dear Mayor Kenoi:
The Public Access, Open Space and Natural Resources Preservation Commission (PONC) wants
to say "thank you" to Mayor Harry Kim upon the completion of his second term, which included the
creations of this Commission. Mayor Kim, the County Council with the Department of Finance
accomplished the purchases of properties at Waipi`o and Kawa using the PONC funds. We loot: forward
to continuing progress with you, Billy, and the County Council.
Pursuant to Section 2- 217(2) of the Hawaii County Code, we are submitting the updated
prioritized list of properties. In addition to the prioritized list, this report includes Commission and
community concerns for your consideration_
This year, the Commission focused on Commission policies and practices, incorporating past
experiences and lessors learned to refine our process to be more efficient and effective. An on -going
concern is that the public, the Mayor and the County Council have realistic expectations of the
Commission and the use of the PONC funds.
We appreciate the County's successful application for State Legacy Land Program monies and
look forward to the completion of the independent appraisal now under review for the second Kawa
purchase.
If there are any questions or clarification needed, please contact Harry Yada, Property Manager at
961 -8009, or Amy Self, Deputy Corporation Counsel at 961 -8251.
Sincerely,
HANNAH SPRINGER
Chair
Hawaii County is an Equal Opportunity Provider and Employer
Commissioners: Terri Markovich; Larry Kolntatn. Sarah Moon;
Bill Gilmartin, Kim Garcia; Hannah.9pringer; E. Kalanl Flares
Public Access, Open Space and Natural Resources Preservation Commission
2008 Annual Report to the Mayor
December 31, 2008
Introduction
Pursuant to Section 2-218(a) of the Hawaii County Code, the County Council in 2008
passed Resolution Nos. 616-08 and 644-08 authorizing the acquisitions of the properties at
PaVo and Kaiholena that were on the 2007 Prioritized List. Based on the Mayor's
recommendation and County Council Resolution No. 451-06, the County is in the process of
negotiating the purchase of three additional parcels at Kdwd (See Appendix 4).
I
iiiiiii lig gill 11 1111 1111111 1111
Prioritized List
The 2008 Prioritized List is as follows:
Priority
Number Propeny
Kawa
2 Pa`o`o
3 Honolulu Landing
4 Wai'ele
5 Puapua`a
In developing the 2008 Prioritized List for this Annual Report, the Commission re-
examined those properties that were on previous Prioritized Lists including those properties that
were subject to County Council resolutions. See Appendix 2 for detailed descriptions and maps
of the prioritized properties. The Commission focused primarily on those properties that were
subject to County Council resolutions and the new suggestion forms received in 2008. This was
done in part due to the funds anticipated to be available in 2009 as well as a means to help
facilitate the prioritization of future acquisitions through the County Finance Department as
authorized by these resolutions.
Comprehensive List of Properties Submitted by the Public
The Comprehensive List is an alphabetized listing of properties submitted by the public
(see Appendix 3). A review of all materials submitted by the public is being conducted to assure
the completeness of the list to be included in next year's report.
Commission Meetings
For 2008, the Commission spent the year formalizing rules of practice and procedures,
exploring available funding sources, and re- examining properties that the County Council had
passed resolutions upon for acquisition.
The meetings scheduled in 2008 were:
January 14
Kona
February i 1
Hilo
March 10
Kona
April 14
Hilo
May 12
Kona
June 17
Hilo
July 14
Kona
August 11
Hilo
September 8
Kona
September 22
bona
-2-
[cancelled; no quorum f
[cancelled; no quorum]
[Special meeting — cancelled; no quorum]
October 13
Hilo
November 10
bona
November 24
Hilo [Special meeting]
December 8
Hilo
During these meetings the Commission continued to receive testimony from the public
and engaged in discussion with invited guests; Jane Rubey, State Coordinator of the Hawai` i
Wetlands Joint Venture, and Deanna Sako, Controller for the County of Hawai` i.
Suggestion Form
Although the Commission chose not to actively solicit for new suggestion forms for
2008, these forms were still accepted if they were submitted by the public. As a result, the
Suggestion Form [revised February 12, 20071 (see Appendix 6) remained available online for
public use.
There were a total of four suggestion farms that were received from the public between
June 30, 2007 and June 30, 2008.
Assessment Criteria Form
The 2007 Assessment Criteria Form [revised February 12, 20071 (see Appendix 7) was
utilized to assess the suggestion forms received during 2008.
Commission and Community Concerns
Thy following is a listing of concerns and problems identified by the Commission:
The priority adjustment ranking process should be refined, in consultation with the Office
of Corporation Counsel, Department of Finance, and the Mayor, to guide the (integration)
of newly suggested properties with lists submitted in previous years.
➢ An approved site visitation plan should be developed to enable the Commission to view
and better evaluate properties in preparation of the Prioritized List.
The Commission would like to encourage the Mayor and the Hawaii County Council to
request of the Conunission and County Property Manager clarification or more
information, as may be needed, prior to any recommended purchase actions on the
property listings.
Recommending properties for purchase is the stated goal of the Commission, However
the Commission and the public are concerned that active management, including
maintenance and enforcement needs must be addressed. Funding sources need to be
identified for management purposes.
The Commission has receiver) comments from the public that public access routes in
some areas are obstructed by adjoining landowners to discourage public use. The County
and State should resolve these problems when they are reported by the public.
.3_
Management Concerns
-4-
- 5 -
§ 2 -210
HAWAII COUNTY CODE
Section 2 -210. Expenditures from the disaster and emergency fund.
The rnonevs in the disaster and emergency Fund shall be only utilized for the following purposes:
(1) To repair county facilities and infrastructure damaged by a natural or man- caused disaster or
emergency.
(2) To clean up property, including roads and sewage systems, damaged by a natural or man - caused
disaster or other emergencies when such action serves a public purpose.
(3) To provide immediate response for services to deal with public: health and safety risks due to a
natural or man- caused disaster or emergency in the form of personnel, equipment, materials,
supplies, and service contracts.
(4) To match federal, state, and/or private grants -in -aid to develop or restore public property to a safe
and useable condition.
(5) To pay for operational expenses of the County after a disaster or emergency when the County is
unable to realize revenue at sufficient levels due to the disaster or emergency.
(6) To pay for administrative expenses, which shall not exceed five percent of this fund.
(2004, Ord. No. 04 -4, sec. 2: Am. 2006, Ord. No. 06 -98, sec. 2.)
Section 2 -211. Dissolution of the fund.
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. No. 04 -4, sec. 2.)
Section 2 -212. Reimbursement from grants.
If the County should receive reimbursement for money advanced by the disaster and emergency fund, the
grant money shall return to the disaster and emergency fund.
(2004, Card. No. 04 -4, sec. 2.)
Section 2 -213. Administration of the fund.
The director of finance shall administer the disaster and emergency fund, which shall include investment
of the fund_
(2004, Ord. No. 04 -4, sec, 2.)
Article 42. Public Access, Open Space, and Natural Resources Preservation Fund
Section 2 -214. Public access, open space, and natural resources preservation Fund.
(a) A public access, open space, and natural resources preservation fund is hereby established This special
fund shall be administered and managed by the finance department. Monies deposited shall be invested
in a conservative interest- bearing account that will allow monies to be available for property acquisition
and prevent any erosion of the fund's principal amount.
(b) The fund shall consist of monies from:
(l) The proceeds From the sale of any general obligation bonds, authorized and issued for the purposes
of this article:
(2) Council appropriations for the purposes of this article:
(3) Any source of revenue dedicated b% the I lawai'i County Charter or the liawai'i County Code For
the purposes of this article:
(4) Grants and private contributions intended for the purposes of this article;
SfJPP 4 (1 -200) 2 -64
At)ylJ,'NIS —1 RA "1 tt)N
t2-214
(5) Two percent of Hawaii County real property ux revenues collected annually (including penalties
and interest). Deposits will be made to the Fund on June 30, 2007 and them again on
December 31, 2007, and on December 3I and June 30, in successive years, with deposits being
calculated on all real property tax payments (including penalties and Ihttrest) received in the prior
six months. Additional deposits and adjustments may be made at the discretion of the Finance
Director; and
(6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as received.
(c) In adopting each fiscal year's operating budget, the council shall appropriate a minimum of $250,000 to
the public access, open space, and natural resources preservation fund.
(1) Nothing in this section shall prevent the council from appropriating amounts in excess of the above
minimum amounts to this fund.
(d) The fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the
following purposes:
(1) Public outdoor recreation and education, including access to beaches and mountains;
(2) Preservation of historic or culturally important land areas and sites;
(3) Protection of natural resources, including buffer zones;
(4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and
(5) Protection of watershed lands to preserve water quality and water supply.
(2005, Ord. No. 05 -85, sec. 2; Am. 2005, Ord. No. 05 -166, sec. 1; Am. 2006, . Ord. No. 06 -151, sec. i ; Am.
2006, Ord. No. 06 -169, sec. 1; Am. 2007. Ord. No..07 -21, sec. 1.)
Section 2- 215. Public access, open space, and naturnI 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 terra 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 pam.
(f) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the
performance of their duties. Necessary expenses may be paid in advance as per diem allowance pursuant
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,
() No person shall, by reason of occupation alone, be barred from serving as a member of this commission_
7_ yr SUPP 4 (7- 2007)
§ 2 -21 S
UU'l'4'AII COUNTY CODE
(lr) The council shall act to confirm or reject any appointment made to the commission by the mayor within
forts -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 terra shall not affect a member's
eligibility to represent the district to which the member was appointed,
(2005, ()rd. No. 05 -166. sec. 2.)
Section 2 -216. Oath of affirmation.
Before beginning their duties, each member appointed shall subscribe to the oath or affirmation before
some person duly qualified to administer oaths;
"1. do solemnly swear (or aflirm) that l will support and defend the Constitution
of the United States and the {Constitution of the State of Hawaii, and that I will faithfully discharge mN duties
as a member of the public access, open space, and natural resources preservation commission to the best of my
abilitv."
(2005, Ord. No. 05 -166, sec. 3.)
Section 2 -217. Duties and responsibilities of the commission.
The duties and responsibilities of this Commission are:
(I) To develop and submit to the mayor, an initial island -wide prioritized list of qualifying lands
worthy of preservation within six months of being confirmed to the commission by the council.
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) Ca update this list at any time, but at Ieast annually by December 3 l of each year; and
(3) To explore methods of funding land acquisition and make recommendations to the mayor.
(4) The commission shall give emphasis to land acquisitiuns where the County's contribution can be
Leveraged to obtain State, Federal, and/or private funds.
(2005, Ord. No. 05 -166, sec. 4.)
Section 2 -218. Prioritized fist 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 fist to the council with
comments and recommendations. The council shall, by resolution, select the land or lands to be
preserved. Linder 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 this fund.
(d) Adequate staff to carry out the provisions of this article and to manage the land acquired shall be
provided in the department of finance to maximize the use of available funds by minimizing the payment
of commission to outside agents to put together founding plans and to ensure that the County is a good
steward ufany land that comes under its control through this article.
(2005. Ord. No, 05 -166, sec. 5; Am. 2007, Ord. No. 07 -21, sec. 2.)
SUPP.4 (7- 2007) 2 -66
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PUBLIC ACCESS, OPEN SPACE, &
NATURAL RESOURCES PRESERVATION COMMISSION
COMPREHENSIVE LIST OF PROPERTIES SUBMITTED BY THE PUBLIC
(DECEMBER 31, 2008.)
Property
Tax Map Key :'Number
Add a bike /foot path on conservation land (South
Kona)
8 -3 -04
Ali'i Drive
Various
Botelho ranch, 5C Ranch, KK Ranch
4 -3 -10:02 & 08
Burial Cave (Puna)
1- 6- 90 :79;
1 -6 -91:54
Cape Kunirikahi Regional Park
1- 4 -42 :52
Great Crack —Ka`5 (Southwest Rift of Kilauea
Volcano)
Hakalau Milk Site
9 -8 -02
2- 9- 02:80; 3 -1- 01:01, 02: 03-,3-2-02
Halawa (Coastal Makai)
NIA
Haleino Heiau, South Kohala
Ha u Point, North Kohala
Ha`ena Point, North Kohala
Hawaii Consolidated Railway
N/A
Hawaii Railway Company
N/A
Hawaiian Railroad Co. (Mal)ukona, Upolu Point,
Kauhola, Niuli`i)
lone 5
Hawaii (West Railway
NIA
Hawaii (Kona and Ka`u Railway)
NIA
Hoku`ula Battleground
6 -5 -01:20
H6'ea Plat, North Kohala
H61ualoa Beach
7- 6 -16 :32
Homestead Road Trail (South Kohala)
6 -4 -01:60
Honaunau & South Kona Forest .Reserve
8 -3; 8 -4
Honoli`i
(Although included on the Comprehensive Dist and
considered, this property did not originate from a
Prioritized List from this Commission. It was
included due to the County Council's passing of f Bill
No. 06 -150 approving its acquisition and Resolution
No. 544 -06 prioritizing it's acquisition together with
other authorized purchases utilizing the Public
Access, Open Space and Natural Resources
Preservation Fund)
2- 6 -I2 :23 & 33; 2- 6- 14 :01; 2- 6 -26 :03 & 04
Honolulu Landing
1 -4- -03.19 & 20
Hualalai Summit
7 -02
Judd Trail Ali`i Dr. to Marnalahoa H
Zone 7
Ka`awali'i Gulch shoreline
3- 6 -05 :15
Kahawaili'ili` Gulch
4-4-0511
Kahena Ditch road
Property
Tai. Map Key Number
4- 4- 15:012
_Ka`ohe
Kaihoiena
5 -8- 01:11;
5- 8- 011:19 -23
Ka Lae (South Point)
9 -3 -01
Ka Lae to Kawalu (Ka`u Coast)
9 -3 -01 to 9 -4 -01
Kamehameha Pond (North Kohala)
5- 2 -02 :08 & 5 -2 -05:18
Karnoa Point
7- 7- 04 :12, 51, 52, 54
Ka alaoa
N/A
Ka oho- Vacationland tide pools
1 -4 -02:51 & por, 88; 1 -4- 68:01, 04 -20
Kapulena Landing aka O ala House
4- 7 -03 :01
Ka`u Coast -
9 -1; 9 -2; 9 -3; 9 -4; 9 -5 (coastal lands)
Ka`il Dr land Forest & ancient Hawaiian home sites
94-02:03
Ka'u forest Reserve
9 -5 -05: 08,13,14,15,18,20; 9 -6-
03 :06,07,08,09
Kawa/Kawa`a Bay
9- 5-17 :07, 05,
9 -5- 16.25, 06
Kawela (Kamakamaka Paint)
4- 6 -02 :02
Kealakehe Regional Park
7 -4 -20
Ke`a nuku
Portion of 6 -7 -01
Keanakolu Koa Forests
4- 1 -06 :07
Ke`ei Beach
8 -3 -06
Ke`eku Heiau
7 -8 -13
K1holo Bay
7 -1 -02
Kohala Lighthouse, Ka`ahola Point
Koholaleie Landing (Pa'auilo)
4- 2 -03 :03
Kukuihaele (Old Landing aka Station & nearby
areas)
4- 8- 01:01,04
Kukuihaele (Old Quarry and Breakwater )
4 -8 -07:15
Kukui ahu Heiau
5- 6 -01 :75
Lalamilo Farm Lots Perimeter Buffer Zone
6 -6 -05:27
Lapakahi State Historical Park A-Tea (Gordy
propert y)
5- 7 -01 :20
La akahi State Historical Park Area Reish property)
5 -7- 01:11
Lower Crane Haul Poad (Wai i`o, Honoka`a)
Zone 4
Mahai`ula to Hualalai
7 -2 -05
Mahukona Historical Area
(Kamano, Kau, Hihiu, Kamoa)
5- 7- 02 :11; 5- 7- 03:01 -03; 5- 7- 03:07 -08; 5 -7-
03:10-,5-7-03:18
Makalawena
7 -2 -04
Malanahae aka Malanahae Landing
64-03 :21
Maulua Gulch
34 -02:01 & 03
Maulua Nui
_
3 -7 -01:11
Mau`Umae Beach ((queen Enuna Estate coastal
parcel)
6 -2 -02:06
-2-
Property
Tax Map Ke Number
Mulier lands adjoining Kealoha Park
2-1-16:02,06
Na`alehu/Wai `ohinu (native forest above
communities)
9 -5 -08:01
Naohuleahua ``Two Bald Men Village"
9 -3 -01
NInole. Ka`u
9 -5 -19
North American Properties (Ka`apana, Olelo Moana,
Ka`ohe)
8 -7 -12:01 & 03;
8 -7 -01:06
Old Railroad Way (Honomu- Pepe`ekeo)
2-1
Il
7 -3- 09:04 & 22
_`O'oma
Papa`ikou Mill Beach
Paradise of South Kona., LLC
2- 7- 04:118
9 -2 -01:72
Poho`iki Road [Puna
1 -3 -08
P6hue Beach
9 -2 -01:01
Pololu Trail
5 -1 -04:29
Property makai of Kohala Intermediate School
Puako Forest Project
6 -8 -01:22
Puaka- Waimea Trail
6 -6 -01
Pualena Crater
1-345 & adjacent parcels
Puapua`a
7 -5- 20:22, 24, 28, 34
Public access to Haina Landing and Pa`auhau
Landing
NIA
Puhia ele
Portions of 7 -2 -03 & 7- 2- 04:04 & 14
Punalu`u Beach Park and adjacent lands (including
Ninole Springs and pond)
9-6-01.06,11,12, 03;
9 -5 -19 :coastal portions of various parcels
Punalu`u to Manuka Bay
Pu`u Makanau
9 -5 -18
Pu`u 4`o Ranch P`ihonua
2 -6 -18:01
Load to the Sea, Ka`u
9 -2 -02
Sandalwood Conservation Buffer Zone
ILIA
South Kohala Regional Park
6- 8 -01 :01
South Kona Forest Reserve (Yee Ha }.
8 -8 -01
S ringwater next to Kawaikalia gulch
4 -7 -03:01
Takashiba's Farm, South Kona
8- 2- 01:01; 8- 2 -02 :01
Wai`ahalHonl's
Wai`ele
1 -4- 03:03& 37
Waika`alulu Gulch aka Fishtail
4- 4 -02 :04
Waika una
9 -5 -07
Waimea Field System
6- 6- 01:02,06 & 48
Waimea Streamside Park
6- 6 -03 :06
Waimea Town Center Equestrian Trail (South
Kohala)
6 -7 -02
-3-
SUMMARY OF KAWA PURCHASE
On January 30, 2008, the County of Hawai` i completed its second purchase utilizing funds from
the Public Access, Open Space and Natural Resources Preservation Fund. The purchase price
was $1,920,000.00 and consisted of approximately 234 acres (Tax Map KeyTdl 9 -5 -017: 007) of
coastal property adjacent to Kawa Bay in the District of Ka`u, Island of Hawaii.
The purchase was partially funded by a $1,214,750.00 grant from the State of Hawaii,
Department of Land and Natural Resources, Legacy Land Program. The balance of
approximately $705,250.00 was funded through the Public Access, Open Space and Natural
Resources Preservation Fund. The transaction is an ideal example of leveraging funding from
the Public Access, Open Space and natural Resources Preservation Fund with State and Federal
sources in the purchase and preservation of coastal open space.
The Kawa area is one of the few surfing areas in the District ofKa`u containing an abundance of
both cultural and natural resources. With the prior purchase of acreage at Honu`apo through a
partnership between the State and County, the Kawa purchase is another major step towards the
preservation of this dramatic coastline.
The County is currently negotiating a purchase of another 550 acres at Kawa and has secured
grant awards of another $1,500,000.00 from the State of Hawaii, Department of Land and
Natural Resources, Legacy Land Program and $1,000,000.00 from the U.S. Fish and Wildlife,
Recovery Land Acquisition Program.
Based on its acquisition of the property at Kawa, its _jurisdiction over the acreage at Honu`apo
and its possible acquisition of additional acreage at Kawa, the County of Hawaii has contracted
with the planning firm of Townscape, Inc. for the preparation of a Management Plan from
Honu`apo to Kawa. The development of the Management Plan will be the first step towards the
County's obligation towards stewardship of the lands. In the process of the development of the
Management Plan, it is the hope that the County will be able to identify public, private and non -
profit partnerships for the preservation, management and enhancement of cultural, natural and
recreational resources within the lands it controls and along the entire coastline.
RULES OF PRACTICE AND PROCEDURE OF THE HAWAVI COUNTY PUBLIC
ACCESS, OPEN SPACE AND NATURAL RESOURCES
PRESERVATION COMMISSION
RULE L AUTHORITY
These runes and regulations are promulgated by the Public Access. ripen Space and Natural
Resources Preservation Comm ission pursuant to Chapter 2, Article 42, Section 2215, of the
14awai6i County Code, 1983 (2005 Edition).
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.
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 11awar i, State.. of Hawaii.
(c) "Commission," "Chair," "Vice Chair" and the "Commissioner" mean the public
Access, Open Space and Natural Resources Preservation Cottzmission 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 1-lawai`i, State of
Hawai `i.
(e) "Director" means the Director of finance of the County ofHawai`i.
(f) "HRS" means Hawaii Revised Statutes.
(g) - Mayor" shall mean the Mayor of the County of Hawaii. State of I-lawai`i.
(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 tivhen appropriate to the context, not only individuals, but
corporations. firms, associations. societies, and federal, state and county departments
or agencies_
(j) "Presiding Off'iccr' 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 Mules 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) Develop an initial island -wide prioritized list of qualifying lands worthy of
preservation and submit it to the Mayor. Priorities shall be listed on an island -wide
rather than district basis_ The list shall include the significance of each parcel or
entitlement identified, the reason for its priority, and its anticipated use after
acquisition;
(b) Update this list at any time, but at least annually by December 31 of each year;
(c) Explore methods of funding land acquisition and make recommendations to the
Mayor; and
(d) Give emphasis to land acquisitions where the County's contribution can be leveraged
to obtain State, Federal, and /or private funds.
RULE 5. PURPOSE
The intent and purpose of the Rules of Practice and Procedure of the Hawaii County Public
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 G. ORGANIZATION AND PARLIAMEN'T'ARY 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 w. rve
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.
6 -2. ELECTION OF CI4AIR AND VICE CHAIR
At the regular November meeting of each year, the Commission shall elect a. Chair and Vice
Chair from among its members. They shall serve for a term of one gear or until their successors are
duly elected. No member shall succeed himself or herself as Chair. In the event the Commission is
not able to elect a regular Chair or Vice Chair from among its members at its first November
meeting, the incumbent Chair may serve on a hold -over basis for a term not to exceed ninety (90)
days. In the absence of both Chair and Vice Chair, the remaining members shall elect an Acting
Chair.
6-3 QUORUM AND NUMBER OF VOTES NECESSARY FOR A DECISION
A majority (five) of all the Commissioners to which the Commission is entitled shall
constitute a quorum to transact business. The affirmative vote of a majority of those
Commissioners present shall be necessary to make any action valid.
6 -4 MEETINGS
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 ol' general circulation in
this county at least twenty -four (24) hours in advance of such meeting. If the
regwrement 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 teh-wision stations with local audience. Such announcements shall
be broadcast at least twenty -four (24) hours in advance of such meting. 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 [lie
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 beard of the
Hawaii Count Building, A brief resume of the principal business to be takers up at
such meeting shall be stated in the posted notice as well as in the notice released to
the ne,,N S rne~dili.
(e} Videoconference — ,Pct.rsuant 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 ifa quorum of the Commission is physically
present in one location.
(d) Notice — The Commission shall be given written public notice of any regular,
special, or rescheduled meeting, or any executive meeting when anticipated in
advance in compliance with HRS § 92 -7. The notice shall include an agenda, which
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.
(e) 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.
(f) Continuation of decision makin Any matter which fails to be validated by a
majority com:urrence 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.
-4- ifs, u ,v •d '1t: ?CJI[iS,
6 -5 MINUTES
(a) Minutes — In accordance with IiRS § 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 tit 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 -24 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
(a) Presiding Officer — The Chair shall be the presiding officer of the
Commission and the Vice Chair shall be the presiding officer in the absence
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 decorurn based on Robert's Rules of
Order;
(4) Almounce the business.befere the Commission in the order prescribed
by these rules;
(5) Review all matters properly brought before the Commission, call for
votes upon the salve and announce the results;
(6) Appoint all committees unless otherwise ordered by the Commission,
(7) Authenticate by signature all acts of the Commission as may be
required by law. unless delegated to the Director:
(8) )o and perform such ether 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 Conntnission;
(10) Take into consideration such platters 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 anti 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 Mules 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 how's and within reasonable timelines unless public inspection of such records is
in violation of any other state or federal law.
7 -2 WHEIa- AVAILABLE
(a) The public may obtain information on matters within the jurisdiction of the
Commission at the Department of Finance, County of Hawaci, by inquiring
at the principle place of business. All rules, orders or opinions of the agency
are on Me and available for public inspection at the office during business
hours at 25 Aupuni Street, Rm. 1187 Hilo, Ilawai`i 96720.
(b) Inquiry may be made in person at the Agency during business hours or by
submitting a request for information in writing to the Public Access, Open
Space and Natural Resources Preservation Commission, c/o Department of
Finance, 25 Aupuni Street, Rm. 118, Hilo, Hawaii 9672 0.
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.
- 7 - (Pmsed 1012010N.)
COUNTY OF I11AWAI' i
PUBLIC ACCESS, OPEN SPACE, A.'YD '.k'1 U RAL RESOURCES
PRESERVATION COMMISSION
2007 Suggestion Form
for Lands and/or Property Entitlements for Acquisition
The Public. Access, Open Space, and Natural Resources Preservation Commission is taking suggestions
for sites or projects to improve upon public access, open space, 4ind 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.
Please use one form per suggestion.
Name of site or project:
Location or Address:
Tax Map Key (TMK) number(s):
Acreage:
Provide (as Attachment A) a TMK map with the property boundaries and/or proposed
access outlined or highlighted.
Puna I IS. Hilo I IN. Hilo I IHarnakua i 1N. Kohala I 1S. Kohala
LN. Kona ❑S. Kona ❑Ka'u
Landowner(s):
Purpose of suggested site (for public acquisition) or project (please check those that apply)
❑ Public outdoor recreation and education, ❑ Preservation of forests,
including access to beaches and beaches, coastal areas, natural
mountains beauty, and agricultural lands
Ir Preservation of historic or culturally ❑ Protection of watershed Lands
important land areas and sites to preserve water quality and
water supply
❑ Protection of natural resources, including
buffer zones
2 011, 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'
2100- Provide (as Attachment C), if available, additiunai 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 he contacted for further
information about this proposed acquisition or project. Also, identify community
organizations or individuals who are willing to be part of the long -term management/
maintenance of this property.
0 Provide (as Attachment U) other dncumentetion relating to the suggested site or project that
would assist Commission in their assessments. Do not send original documents or pictures
as they will not be returned.
Page I of 2
Flow would the general public benefit from this proposed acquisition or project:`
Any reported urgency? ❑No ❑Unknown ❑Yes If yes, please describe.
Is there a special opportunity for acquisition that presently exists (i.e. special funding available,
landowner willing to participate in process, etc.)? []No ❑Unknown ]Yes
If yes, please describe.
Has partnering with other government agencies, private, or nonprofit entities to leverage
resources been identified? ❑No [:]Unknown ❑Yes If yes, please describe.
Are the land or property entitlements available for acquisition? ❑No ❑`Unknown DYes
Are there other methods of protection in addition to acquisition that would accomplish protection
of resources? ❑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 101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
Fax: (808) 951 -8622
For further information contact:, Stacie Waltjen at 561 -8251
For online information go to: http.11www.hawaii- county.com /finance /ponc.htm
SUGGES'T'IONS FOR 2007 ARE DUE ON OR BY JU NE 29, 2007
(Suggestions received after this date will he considered in 2008.)
FOR OFFICE USE ONLY:
Date Recd. Altacbmetits: ❑ :1 ❑ B [❑ C ® D ❑ Other
Page 2 q'f 2
Cou.PiTY of HA►wAI`T
PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION COMMISSION
2007 Assessment. Criteria Form
Name of Site or Project:
Location or Address:
Ahu ua`a•
❑Puna S. Iiilo ❑N. Hilo ❑Hamakua ❑N. Kohala DS. 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, ❑ Presenration of forests,
including access to beaches and beaches, coastal areas, natural
mountains beauty, and agricultural lands
❑ Preservation of historic or culturally ❑ Protection of watershed lands
important land areas and sites to preserve water duality and
water supply
❑ Protection of natural resources, including
buffer zones
County Zoning
State Land Use
SMA
Flood Zone
Hazards 1 Constraints
Wetlands
Archaeology f Historic Sites
Listed in Hawaii County
Fixed Assets
Listed in Inventory of Public
Shoreline Access 1979)
Listed in Hawaii State
Re ister of Historic Places
Existing, Le al Public Access
Management /VXainten ance
Partnershi Identified
S ecial Funding Opportunity
Possible Cast
1 Identified in 2005 General Plan
CATEGORY I, I
SCORES
Criteria 1
Criteria 2
Criteria 3
Criteria 4
SUM (Criteria 14)
Final Score (SUM -f- 4) 1 1
Assessed 8y: Date:
(rev. 2112107) Ngc 1 of 4
C]UTERL% SCORING: 0=N0
I = Unknown (needs more assessment /research)
2 = Somewhat (site only partially meets criteria)
3 = 'Yes
Criteria I: Assesses whether the land or property entitlements meets
the purposes of Public Access, Open Space, & Natural Resources Preservation
Fund pursuant to Chapter 2, Article 42 of the Bawai`i County Code 1983
(2005 Edition).
=Total (13) Criteria X I
(rev V l 2107} Pagc 2 of 4
Public outdoor recreation and education, including access to beaches and mountains
I
Preservation of historic or culturally important land areas and sites
Protection of natural resources, including buffer zones
Preservation of forests, beaches, coastal areas, natural beauty, and agricultural lands
Protection of watershed lands to preserve water quality and grater supply
=Total (13) Criteria X I
(rev V l 2107} Pagc 2 of 4
Criteria 2: Assesses whether the land or property entitlements coheres to and
furthers the vision and goals of Hawaii County's 2045 General Plait.
Total (15) Criteria Z 1 10/o
(rev. 211:)07) Page 3 or 4
12.2 Recreation - GOALS
(a) Provide a wide variety of recreational opportunities for the residents and visitors
of the County.
(b) Maintain the natural beauty of recreation areas.
(c ) Provide a diversity of environments for active and passive pursuits.
6.2 Historic Sites - GOALS
(a) Protect, restore, and enhance the sites, buildings, and objects of significant historical
and cultural importance to Hawaii.
(b) Appropriate access to significant historic sites, buildings, and objects of public
interest should be made available.
8.2 Natural resources & Shoreline - GOALS
(a) Protect and conserve the natural resources from undue exploitation, encroachment
and damage.
(c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant
environmental and natural resources.
(d) Protect rare or endangered species and habitats native to Hawaii.
(e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and
natural areas.
7.2 Natural Beauty - GOALS
(a) Protect, preserve and enhance the quality of areas endowed with natural beauty,
including the quality of coastal scenic resources.
(b) Protect scenic vistas and view planes from becoming obstructed.
(c) Maximize opportunities for present and future generations to appreciate and enjoy
natural and scenic beauty.
14.2.2 Land Use (Agriculture) - GOALS
(a) Identify, protect and maintain important agriculture lands on the island of Hawaii.
(b) Preserve the agricultural character of the island.
4.2 Environmental Quality - GOA11.S
(a) Define the most desirable use of land within the County that achieves an ecological
balance providing residents and visitors the quality of life and an environment in which
the natural resources of the island are viable and sustainable.
b) Maintain and, if feasible, improve the existing environm ental quality of the island.
Total (15) Criteria Z 1 10/o
(rev. 211:)07) Page 3 or 4
Criteria 3: Assesses the level of community support, including reported
urgency, based on the community input process.
Total (9) Criteria 3 1 °/I
Criteria 4: Assesses whether the land or property entitlements could be
acquired using the Public Access, Open Space, & Natural resources
Preservation Fund and /or other means.
I Additional testimony and/or Ietters of support received for site or project.
+ Partnering with other government agencies, private, or nonprofit entities to
leverage resources has been identified.
Benefit to the general public.
Land or property entitlements are available for acquisition.
Reported urgency.
Total (9) Criteria 3 1 °/I
Criteria 4: Assesses whether the land or property entitlements could be
acquired using the Public Access, Open Space, & Natural resources
Preservation Fund and /or other means.
Total (9) Criteria
Page 4 of 4
Acquisition is feasiblo through the Fund and/or other means.
■ Special opportunity for acquisition presently exists (i.e. special fanding
available landowner willing to participate in . rocess, etc.).
+ Partnering with other government agencies, private, or nonprofit entities to
leverage resources has been identified.
Land or property entitlements are available for acquisition.
Total (9) Criteria
Page 4 of 4