The URL can be used to link to this page

Home My WebLink AboutRES 145 Draft 01 2020-2022COUNTY OF HAWAM STATE 3 ° fJF•OP'N�`� SOLUTION NO. :145 21 i i !' • 1 ! ! 1 f ! ! ! ii f I1 1 1 1 � 1f t 11 , 11 ff' II _ 11 1i J1 1f 1 1I: fi I 1 WHEREAS, the Hawaii County General Plan, Section 6.3(d) Historic Sites -Policies states that "[p]ublic access to significant historic sites and objects shall be acquired, where appropriate"; and WHEREAS, the Hawaii County General Plan, Section 8.2 Natural Resources and Shoreline — Goals, states, in pertinent parts: "(a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. (b) Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources. (c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources.", and "(e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and natural areas."; and WHEREAS, the Hawaii County General Plan, Section 8.3 Natural Resources and Shoreline — Policies, states, in pertinent parts: "(i) Encourage an overall conservation ethic in the use of Hawaii's resources by protecting, preserving, and conserving the critical and significant natural resources of the County of Hawaii. (j} Encourage the protection of watersheds, forest, brush, and grassland from destructive agents and uses.", "(p) Encourage the use of native plants for screening and landscaping.", "(r) Ensure public access is provided to the shoreline, public trails and hunting areas, including free public parking where appropriate. (s) Establish a system of pedestrian access trails to places of scenic, historic, cultural, natural, or recreational values."; and WHEREAS, the Hawaii County General Plan, Section 12.3 Recreation -Policies, states, in pertinent parts: "(d) The use of land adjoining recreation areas shall be compatible with community values, physical resources, and recreation potential.", "(g) Facilities for compatible multiple uses shall be provided. (h) Provide facilities and a broad recreational program for all age groups, with special considerations for the handicapped, the elderly, and young children. (i) Coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered.", "(in) Develop a network of pedestrian access trails to places of scenic, historic, natural or recreational values. This system of trails shall provide, at a minimum, an island -wide route connecting major parks and destinations.", "(o) Develop facilities and safe pathway systems for walking, jogging, and biking activities. (p) Develop a recreation information dissemination system for the public's use. (q) Revise the ordinance requiring subdivisions to provide land area for park and recreational use or pay a fee in lieu thereof." ; and WHEREAS, in the North Kohala Community Development Plan, Strategy 1.2 calls on the County to "acquire coastal lands that should be preserved as open space"; and WHEREAS, the North Kohala Community Development Plan notes that "experts have identified Kohala's coast as one of the most intact cultural landscapes" in the State of Hawaii because of its high density of cultural and archeological sites. WHEREAS, the North Kohala Community Development Plan states that the area located makai of 'Akom Pule Highway is subject to the threat of future development with four privately - owned properties, identified as critical to maintaining the continuous cultural landscape, recommended for purchase — either in fee or through purchase of conservation easements — by a public entity that can protect these lands in perpetuity; and WHEREAS, Article X, Section 10-15 of the Hawaii County Charter provides for a Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, Section 2-215, Hawaii County Code, sets forth provisions for a Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter "Commission"); and WHEREAS, Section 2-217, Hawaii County Code, provides, in pertinent part, that the Commission's first duty and responsibility is, "[flo develop and submit to the mayor an island - wide prioritized list of qualifying lands worthy of preservation..." and for the priorities to be "...listed on an island -wide rather than district basis"; and M WHEREAS, Council Communication 105, dated January 14, 2021, from then -acting Mayor Lee E. Lord, transmitted the 2020 Annual Report of the Commission to the Council, pursuant to Section 2-218(a), Hawaii County Code; and WHEREAS, the 2020 Annual Report of the Commission cited the purchase of the Mdhukona Properties as a key priority, ranking it the number one priority for acquisition; and WHEREAS, Mahukona South, LLC owns nine of the eleven parcels that comprise the Mdhukona Properties with Mahukona North, LLC and Mahukona, LLC both owning one parcel each for an approximate total of 642.4551 acres in the District of North Kohala, which consist of- TMK Ahupua'a Acres 5-7-002:011 Kapaanui and Kou 232.8520 5-7-002:027 Kamano 1.0000 5-7-002:036 Kamano and Mdhukona 207.6030 5-7-002:037 Mdhukona 0.0600 5-7-003:001 Kaoma 0,5000 5-7-003:002 Mdhukona, Hihiu, and Kaoma 67.4490 5-7-003:003 Kou, Kamano, Mdhukona, Hihiu, and Kaoma 30.3921 5-7-003:007 Kaoma T 0.0620 5-7-003:008 Hihiu T 0.1720 5-7-003:010 Kou, Kamano, Mdhukona, and Hihiu 102.2950 5-7-003:018 Kaoma 0.0700 Total Acreage 642.4551 WHEREAS, the Mdhukona Properties contain over 175 cultural and archeological sites, fishing villages, and heiau that are still used today; and WHEREAS, the Mdhukona Properties located makai of 'Akoni Pule Highway also includes Ko'a Heiau Holomoana, an important and rare navigational heiau, which provides for the cultural practice of non -instrument navigation and open ocean voyaging; and WHEREAS, home of Kamehameha 1, Kohala remains a significant place, with the Mdhukona Properties continually providing spiritual, natural and marine resources for constitutionally protected cultural, religious, and subsistence practices; and WHEREAS, it is critical to preserve and maintain such unparalleled historical heritage within the Mdhukona Properties and its coastline, which are of great significance to our island's cultural landscape; and WHEREAS, in the interest of 1) preservation of cultural and natural resources, 2) facilitating public access and preserving portions of the Alaloa (Ala Kahakai National Historic Trail), 3) providing cultural, educational, and recreational opportunities, 4) protecting open space, and 5) preserving the historical character of Kohala and the Mdhukona Properties, the County should acquire a property interest in all or a portion of the Mdhukona Properties; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Director of Finance is authorized to enter into negotiations for the acquisition of lands and/or conservation easements for all or a portion of the Mdhukona Properties as described above. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to Honorable Mitchell D. Roth, Mayor; the Director of the Department of Finance; Suzanne Case, Chairperson, State of Hawaii Department of Land and Natural Resources; Dr. Sylvia M. Hussey, Chief Executive Officer, Office of Hawaiian Affairs; and the County Public Access, Open Space, and Natural Resources Preservation Commission. Dated at Hilo , Hawai`i, this 7th day of July , 2021. COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on July 7, 2021 ATTEST: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF H AI`I ROLL CALL VOTE Reference- C-284/FC-47 & PRESID FICE� R RESOLUTION NO. 145 21L 0 AYES NOES. ABS EX CHUNG X DAVID X INABA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X LEE LOY X RICHARDS X VILLEGAS X 8 0 1 0 Reference- C-284/FC-47 & PRESID FICE� R RESOLUTION NO. 145 21L 0