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HomeMy WebLinkAboutCOM 0333.002 2020-2022 Ashley L. Kierkiewiez Office: (868)961-8265 Council Member Fax: (868)961-8912 District 4 Puna ` � ashley.kierkiewicz@a hawaiicounty.gov 3 a i Gs•N'm"' 3 COUNTYHAWAPI 3 Hawaii County Buildings 25 Aupuni Street Hilo,Hawaii 96720 TO: Maile Medeiros David, Council Chair and Members of the Hawaii County Council FROM: Ashley L. Kierkiewicz, Council Memb DATE: August 3, 2021 SUBJECT: Proposed Amendment to Resolution No. 170-21; A Resolution Authorizing the Director of Finance to Enter Into Negotiations for the Acquisition of Wai`ele In the District of Puna, Utilizing the Public Access, Open Space, and Natural Resources Preservation Fund. Please see below a proposed amendment to Resolution No. 170-21. The proposed amendment is illustrated in Ramseyer format with respect to the contents of Resolution No. 170-21; material to be added is underscored. This amendment would add a new second BE IT FURTHER RESOLVED clause to read as follows: "BE IT FURTHER RESOLVED that in order to ensure proper and sustainable execution of stewardship strategies in developing the management plan for Wai`ele individuals and community groups with particular expertise relevant to all elements of the management of Wai`ele be consulted and part of the process for developing the management plan including but not limited to lineal descendants of Wai`ele individuals with direct familial and cultural ties to Puna roues and individuals with relevant cultural archaeological, biological and arboricultural expertise as well as members of the public currently utilizing the property for subsistence fishing and gathering_" A draft copy of Resolution No. 170-21 is attached with this proposed amendment incorporated therein. AK1j s Att. Comm. No. ° 1 Ref. To: �/ Ref. gateAUU 2021 Hawai`i County Is an Equal Opportunity Provider and Employer A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF WAI`FLE IN THE DISTRICT OF PUNA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE,AND NATURAL SOURCES PRESERVATION FUND. WHEREAS, in 2005, the Public Access, Open Space, and Natural Resources i Preservation Fund(hereinafter"the Fund") was established by Ordinance No. 05-85, as codified in Chapter 2,Article 42, of the Hawaii County Code 1983 (2016 Edition, as amended) (hereinafter"the Code"); and WHEREAS, Section 2-214.1(c) of the Code provides that 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 top reserve water quality and water supply"; and WHEREAS, Section 2-217 of the Code provides, in part,that a duty and responsibility of the Public Access, Open Space, and Natural Resources Preservation Commission(hereinafter "the Commission") is to develop and submit to the Mayor an initial list of qualifying lands worthy of preservation and to update the list at any time, but at least annually by December 31 of each year; and WHEREAS, Section 2-218(a) of the Code provides, in pertinent part,that: "The council shall, by resolution, select the land or lands to be preserved..." and"[w]here there are multiple lands under consideration at any one time,priority shall be given to coastal lands..."; and WHEREAS, acquisition of Wai`ele would be significant to the County of Hawaii for the following reasons: 1. Preservation of historic and culturally important lands and sites that promote the perpetuation of native Hawaiian culture,tradition, and customary practices; i t 7 2. Preservation and protection of remaining native Hawaiian archeological structures and raised trails in an area that has been undisturbed since the 1880s; 3. Protection of one of the last hala groves in the area; 4. Access for shoreline gathering, fishing, education, recreation, and cultural practices, mainly lauhala and la`au lapa`au; and I 7 WHEREAS,the old coastal village of Wai`ele in the ahupua`a of Kanekiki, situated between Nandwale Forest Reserve and Kahuwai, totals 165 acres with 2,000 feet of shoreline, and contains sacred treasures such as fresh water springs, rare groves of kukui, hau and kala trees, an ancient p6haku(stone) trail walked upon by Alii,the endangered `io (Hawaiian hawk) and `6pe`ape`a(Hawaiian bat), the rare pueo (Hawaiian owl), and ancient Hawaiian burial sites; and WHEREAS, authorization to negotiate for acquisition of Wai`ele using the Fund was previously adopted through Resolution 286-07, sponsored by then-Council Member Emily Naeole, but significant time has lapsed,the parcel has yet to be acquired, and the Council seeks to reestablish this authorization; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to Chapter 2, Article 42 of the Code, the Director of Finance is hereby authorized to enter into negotiations for the acquisition of Wai`ele, identified as tax map key numbers (3) 1-4- 003:003 and (3) 1-4-003:037, in the district of Puna, utilizing the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FURTHER RESOLVED that the acquisition of Wai`ele would honor the life and legacy of Rene Siracusa, who founded Malama O Puna, a non-profit volunteer service organization dedicated to protecting the precious natural resources and heritage of Hawaii, and who was pivotal in placing Wai`ele onto the Commission's priority list. BE IT FURTHER RESOLVED that in order to ensure proper and sustainable execution of stewardship strategies in developing the management plan for Wai`ele, individuals and community groups with particular expertise relevant to all elements of the management of Wai`ele be consulted and part of the process for developing the management plan, including but not limited to lineal descendants of Wai`ele, individuals with direct familial and cultural ties to 2 i I 7 i I i Puna, groups and individuals with relevant cultural, archaeological, biological, and arboricultural i expertise, as well as members of the public currently utilizing the property for subsistence fishing and gathering. I E IT FURTHER RESOLVED that the Hawaii County Council encourages public- private-philanthropic partnerships with organizations that possess the knowledge, skills, and capacity to contribute towards management and stewardship of Wai`ele. BE IT FURTHER RESOLVED that the Hawaii County Cultural Resources Commission is encouraged to support this potential acquisition, and to be part of co-creating stewardship and placemaking plans for Wai`ele. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to Honorable Mayor Mitchell D. Roth; the Director of the Department of Finance; the Director of the Planning Department; the Hawaii County Cultural Resources Commission; the Public Access, Open Space, and Natural Resources Preservation Commission; and Malama O Puna. 3