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Home My WebLink AboutRES 263 Draft 01 2022-2024 COUNTY OF HAWAII STATE OF HAWAII ' �Ta'oF'M►�- RESOLUTION NO. 263 23 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF ALL OR A PORTION OF THE PROPERTY IDENTIFIED AS TAX MAP KEY (3) 2-8-008:100, SITUATED IN THE 'ILI OF PEPE`EKEO, AHUPUA'A OF MAKAHANALOA, DISTRICT OF HILO, UTILIZING THE PUBLIC ACCESS, OPEN SPACE,AND NATURAL RESOURCES PRESERVATION FUND. WHEREAS, Section 10-15 of the Hawai`i County Charter establishes a Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, Section 10-15(c) of the Hawai`i County Charter establishes that monies in this fund may be used to purchase or otherwise acquire lands and easements for public outdoor recreation and education; and WHEREAS, Section 2-215 of the Hawai`i County Code (hereinafter"the Code") establishes the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter "the Commission"), a duty and responsibility of which includes developing and submitting to the Mayor a prioritized list of qualifying lands worthy of preservation; and WHEREAS, the property, identified by Tax Map Key (3) 2-8-008:100, which includes shoreline of the `Ili of Pepeekeo, and consists of approximately 38.25 acres, is ranked the eighth highest priority for acquisition in the Commission's 2021 Annual Report to the Mayor dated December 10, 2021 (see "Exhibit A" attached hereto); and WHEREAS, Section 2-218(a) of the Code provides that: "The council shall, by resolution, select the land or lands to be preserved", and"Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands"; and WHEREAS, the shoreline of the `Ili of Pepe`ekeo property is currently for sale and the landowner is willing to negotiate with the County of Hawai`i in good faith; and WHEREAS, the acquisition of title and conservation of the shoreline of the `Ili of Pepeekeo property would be significantly beneficial to the County of Hawaii and our island community in the following ways: (1) protecting cultural and natural resources at the shoreline of Kukuilaumania, including a former ku`ula(fishing shrine); (2)preserving and planting native coastal plants to help control coastal erosion; (3) protecting fresh water springs, and streams, such as Waim 'au'au and Lonoka`eho, which are important freshwater resources; (4) reviving important agricultural lands as agroforest to feed the community; (5) facilitating responsible managed public access for critical fishing and gathering sites; (6) enabling community-based management and stewardship; and (7) maintaining the rural lifestyle and historical character of Pepeekeo; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that pursuant to Chapter 2, Article 42 of the Hawai`i County Code,the Director of Finance is hereby authorized to enter into negotiations for the acquisition of lands and/or conservation easements for all or a portion of the property identified as Tax Map Key (3) 2-8-008:100, situated in the `Ili of Pepeekeo, Ahupua'a of Makahanaloa, District of Hilo, utilizing the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FURTHER RESOLVED that the Director of Finance is authorized to initiate any funding mechanisms required for the acquisition of this land, 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 Mayor Mitchell D. Roth; the Director of the Department of Finance; the State of Hawai`i Department of Land and Natural Resources; and the County of Hawai`i Public Access, Open Space, and Natural Resources Preservation Commission. Dated at Kona , Hawai`i, this 18th day of October , 2023 • INTRODUCED BY: UNCIL MEMB R, COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii EVANS X GALIMBA 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 County of Hawai`i on October 18, 2023 KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X ATTEST: KIMBALL X LEE LOY X VILLEGAS X 9 0 0 0 Reference: C-460/LAAC-33 TY CLERK CH RPERSON&PRESIDING OFFICER RESOLUTION NO. 2I3 23 2 Exhibit A PRIORITY #8: SHORELINE of ka `iii of PEPEEKEO (77.556%) TMK No (3) 2-8-008:100, consisting of approx. 38.25 acres in the 'ili of Pepe'ekeo in the ahupua'a of Makahanaloa, District of South Hilo, Hawaii Ka 'Ili o Pepe'ekeo is an oceanfront property along the cliffs of Pepe'ekeo with two streams running through it and abundant fishing resources from ancient times, , continuing through the sugar plantation era, up to the present. Public access to this once- open coastline has been chronically blocked, despite shoreline public access easements that were required by the County when the lands received subdivision approval. Anticipated Use • Assure that shoreline public access for fishing, hiking, scenic enjoyment, and education will continue uninterrupted for future generations. • Help to protect and restore the living relationship between people and the ocean by enabling the sharing of traditional knowledge of fishing techniques and the area's history and legends by kupuna before their knowledge is lost. • Demonstrate a model of an East Hawaii ahupua'a in which a sustainable community monitors its resources and uses them to feed the people that live there. • Enable community-based resource management of Waima'au'au and Lonoka'eho streams, important freshwater sources for the Hilo Bay fishery, and vegetative management to limit coastal erosion and protect water quality. • Enable restoration of the hala groves, once abundant along the coastal cliffs, and the kukui trees along the storied pali of Kukuilaumania ("the smooth spread of kukui") and the eight headed stone of Lonoka'eho from which the multitudes bid farewell to Joseph Nawahi in 1892 when he sailed to Honolulu to serve as their representative in the Kingdom of Hawai'i's legislature. Significance and Management • The Makahanaloa Fishing Association (MFA, formerly the Pepe'ekeo Fishing Access Committee) is a community-based 501(c)(3) organization willing to partner and collaborate to help manage and maintain the property, including actively applying for grant funding. The Pepe'ekeo Community Development Corporation (PCDC, formerly the Pepe'ekeo Community Association) is also willing to collaborate and potentially provide some funding assistance. 1.19 • MFA has submitted a plan that proposes to steward this property in close collaboration with the PCDC, County of Hawaii, and surrounding neighbors. The plan includes working with the community to develop a community-based vision and scope of work, and management of the property to protect and monitor water quality. incorporate vegetative buffer zones to limit erosion, identify and improve the safety of the best locations for access, restore and study native plant and animal habitats, integrate education into all activities, and more. • The property is currently for sale for $1,900,000 and has been listed for several months. i ,. . :. . :M0�4i ..4R-•'T, Yet¢a A --� � r a r� ' is,�. d•, + $ li .s^ R Y :pit 4t' \ 1 ~ 7 4t- Special Opportunity for Acquisition • The manager of the subject property has submitted a letter "strongly supporting" the nomination of the property by the MFA. The owner has agreed to negotiate with the County of Hawai'i in good faith. • The MFA is willing to partner and collaborate to help manage and maintain the property. They have recently been awarded grants to support their activities in this area and continue to apply for more grants. The PCDC is committed to the acquisition and management effort. • Although three pedestrian, two vehicular, and three parking easements intended to facilitate shoreline public access to portions of the subject property were incorporated into the subdivision approval by the County of Hawai'i, public access is frequently blocked and discouraged by unmaintained thickets of tall brush, piles of tree cuttings. locked gates, and absent, misleading, or unauthorized "Keep Out" signage. • Fee-simple acquisition is suggested. 1.20 Strengths and Weaknesses Strengths Weaknesses Broad community interest and support exists, No written comments, pro or con, have been including commitments from MFA, PCDC, received from adjacent landowners. and local residents. Landowner is willing to work with the County. Time is of the essence. Property is for sale. MFA is willing to steward the property, has No matching funds have yet been identified already received grant awards, and is actively to assist with acquisition cost, although applying for more grants. fundraising is planned by MFA. A detailed Management Plan with clear objectives has been proposed by MFA. Plat map TMK Map t' a r- ► i ` M.: %!: 11 ; it 464‘.1. „' '1 , __' i't 5 f/1 280081000000 Q ( 1,.' l: , ` fTl' GAULT'S GULCHLLC • i 1 38.25 Acres Vaoue$1.615.9000 Pr , 0..it.s..- .. Ncx;F -r�t.n.:f•r ra .on�+•.c Ana nara `, t s-1 R a1, I 1 r �� s• i L. il .1) k 4 I li it, r :1, w 'J Io eri, s,,. ' I ,AN• t . �!a PANU l i . . ( . IR ...„*. ,. , OilIF ' 17e ;k 4c 1.21