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HomeMy WebLinkAboutRES 531 Draft 01 2020-2022 J�gIt OF.,4!s COUNTY OF C *: eaSTATE OF G RESOLUTION NO. 531. 22 A RESOLUTION AUTHORIZING E DIRECTOR OF FINANCE TO ENTER INT NEGOTIATIONS FACQUISITION OF TAX MAP KEYS (3) 7-8-012:035 AND 106 SITUATED IN THE DISTRICT OF NORTH KONA,ALSO KNOWN AS KEAUHOU BAY, UTILIZING THE PUBLIC ACCESS, OPEN SPACE,AND NATURAL RESOURCES S PATI N FUND. WHEREAS, in 2005,the Public Access, Open Space, and Natural Resources Preservation 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 Public Access, Open Space, and Natural Resources Preservation 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"; 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, Keauhou Bay, as shown on the picture and maps depicting its location and attached hereto by reference as "Exhibit A", is included on the prioritized list of lands to be considered for acquisition as priority number 13, as submitted by the Commission in its 2021 Annual Report to the Mayor dated December 10, 2021; and WHEREAS, Keauhou Bay, located in the district of North Kona, is approximately 26,390 square feet and is significant to the County of Hawaii for the following reasons: (1) Acquisition would preserve historic and culturally important lands and sites that promote preservation and perpetuation of native Hawaiian culture, tradition, and customary practices; and (2) Acquisition would protect sacred burial grounds, natural resources, and buffer zones; and (3) Acquisition would protect and preserve from exploitation, as well as teach the living history of these parcels, which includes the surrounding bay and marine life, as a historically culturally important site. WHEREAS, the owner of the subject properties is willing to sell these parcels to the County of Hawaii; 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 tax map keys (3) 7-8-012:035 and 106 situated in the district of North Kona, also known as Keauhou Bay, utilizing the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of tax map keys (3) 7-8-012:035 and 106 situated in the district of North Kona, also known as Keauhou Bay, in accordance with the terms of this resolution. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Mitchell D. Roth, Mayor; the Director of the Department of Finance; and the Public Access, Open Space, and Natural Resources Preservation Commission. Dated at Hilo , Hawai`i, this 5th day of October , 20 22. INTRODUCED BY: �f. OUNCIL MEMBER, ' OUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawai`i CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by INABA X the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER X County of Hawaii on October 5, 2022 KIERKIEWICZ X KIMBALL X ATTEST: LEE LOY X RICHARDS X VILLEGAS X 8 0 1 0 ice. `01°1 - r Reference: C-970/FC-195 1► CLERK I SON&PRE 111M OFF CER RESOLUTION NO. 531 PRIORITY #13: KEAUHOU BAY (65.222%) TMK No. (3) 7-8-012:035 amd 106, consisting of approx. 26.390 sq. ft. of the Keahou 1&2 ahupua'a in the District of North Kona. Hawaii * G 40 i�+ yyC fjt Y � ,a I, 1! " , u Fronting the sparkling turquoise waters of Keauhou Bay, this is the last available parcel once owned by Kamehameha Nui. A pristine property of unparalleled beauty, this site contains a seawall and a ramp leading to the bay, which will provide easy access for all recreational activities. A jewel of a parcel, if purchased by PONC. it could continue to enrich the lives of the public for many years to come. Anticipated Use • Public Outdoor Recreation, The site is potentially subject to high public recreational use. The property's seawall and ramp provide easy access to old and young for swimming. fishing, kayaking, boogie boarding and a host of water activities. • Historic and Cultural lmportance: This beautiful property was presented by King Kamehameha to Kalanianoano Kaleinoanoa and his heirs: they kept the property in the family for over two hundred years until it was sold to the present owners The unspoiled property is only a few feet away from the royal crypt of Chief 1.31 EXHIBIT A i Kanehoa, the son of the original recipient of the land; and the land is also within a very short walking distance of the historic rock (now a monument) where the stillborn King Kamehameha III was prayed over by Kapihe until the infant king moved and cried. ® Protection of Natural Resources: By purchasing this property, the County of Hawaii will protect and preserve from exploitation and damage this historically culturally important site and the surrounding bay with its marine life. • Protection of. . . Beaches. Coastal Areas, and Natural Beauty:An admittedly small but precious plot of land, the Keauhou property represents the last of King Kamehameha's legacy for his people. The parcel literally and figuratively symbolizes the natural beauty of Keauhou Bay, its coastline teeming with fish, and its fertile and verdant land. These were the gifts that Kamehameha intended to be given to his people—past, present, and future. Upon his deathbed, Kamehameha's last words were: "P oni wale no `oukou i ku'u P0170 `a'ole e pau"("Endless is the good that I have given you to enjoy;'). By purchasing this property for the County of Hawaii, this land will be protected and stewarded for the people in perpetuity, as Kamehameha desired it would be. Significance and Management • Numerous community members have written letters to the POMC Commission to support the purchase of the Keauhou property. Some writers are lineal descendants of the original owners to whom Kamehameha Nui awarded the property. Other writers are local residents who feel a great affinity to the property because of its beauty and cultural history. Still other writers are those who wish to assist in the maintenance of this property. • Mr. Edward Rapoza, one of four present owners, has already spoken to a number of Keauhou Bay stake holders and has assisted them in forming a "Keauhou Bay Kuleana" to maintain the property. He has further demonstrated his support and commitment to the community group by pledging to donate an initial funding to „assist the County in future management should the parcels become part of the open space program." Community letters received from Mr. Rapoza and from some of the stake holders verify that the group is organized and is determined to care for the property. • Urgency: The property has already been cleaned and prepared for sale. In addition, both water lines and electrical lines have been installed to potentially build two homes (one on each property). Mr. Rapoza has already stated clearly that he and the three other owners would like TONG to purchase this property for the people of the Big Island, but if POMC chooses to forego the purchase, he and the owners will sell the property on the open market. This will be PONC's only opportunity to purchase this special property, as it is the only remaining lot on the bay that can be sold. All other lots are owned by Kamehameha Schools or by private owners who have already built homes on their property and do not wish to sell. 1.32 Special pportunity for Acguisition The four owners are all willing sellers but agree that if PQNC does not purchase the land. they intend to sell it on the open market. • The owners have not sought any other funding partners. ® There are no easement issues- 0 The owners request a fee simple purchase. Strengths and Weaknesses Strengths Weaknesses i Rare and Valuable Property: This is the A Management Plan for the property is still �last undeveloped property for sale on i being developed by the volunteer group Keauhou Bay (Keauhou Bay Kuleana). Historical/Cultural Ties: King While the land is beautiful, Kamehameha 1 awarded this land to Chief historically/culturally important, and easily Kanehoa's parents, Kalanianoano ; accessible, the parcel is small at 26,390 Kaleinoanoa and his wife, Kamehaiku. square feet. The land remained in pristine condition for over two hundred years and was sold to a hui of the four current owners. Historical/Cultural Ties Crypt of Chief I The ramp and seawall have been inspected Kanehoa is located within a few feet of the and found to be foundationally secure. This is property. The property is a very short j a weakness because it makes the property walking distance to the historic rock (now more attractive to potential buyers should I a monument) where Kapihe prayed over PONC forego the purchase. and revived the stillborn Kauikeaouli (King Kamehameha 111). Excellent Recreational Activities: The -- ADuring testimony on July 12, 2021. PONC� ramp and seawall provide access to Commissioner Deborah Chang stated that swimming, fishing, kayaking, boogie I both Kamehameha Schools and Hawaii boarding, and a host of other water I County claim ownership of the access road 1 recreational activities. that leads to the property. FAccess Road to the Property There is a i nearby parking area and an access road It the property. 1.33 I s. Y u _ 1.34 KEAUHOU BAY—TMKs 3/7-8-012-035 and 106 3/7-8-012-035 3/7-8-012-106 Keauhou Bay Ks��Laa eav .t EXHIBIT "A"