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HomeMy WebLinkAboutMIN LAAC 2024/01/23 (2022-2024)Committee on Legislative Approvals and Acquisitions 21st Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii January 23, 2024 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 10:40 a.m., in the Council Chambers, Kailua-Kona, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Ms. Michelle M. Galimba, Vice Chair Ms. Cindy Evans, Member Ms. Jenn Kagiwada, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member Absent & Excused: Mr. Matt Kaneali`i-Kleinfelder, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Daryn Arai (representing Stella Zamarripa (Larsen)) Dave Booth Mark Dubay (representing Huaka`i La) Keom Fox (representing Ala Kahakai Trail Association) Stephanie Scotto (representing Huaka`i La) Res. 409 (Comm. 683), in support. Res. 410 (Comm. 684), in support. Res. 410 (Comm. 684), in support. Res. 410 (Comm. 684), in support. Res. 410 (Comm. 684), in support. LAAC-21 ORDER OF RESOLUTIONS: Roy Santana (representing Huaka`i La) Lily Anne Souza January 23, 2024 Res. 410 (Comm. 684), in support. Res. 410 (Comm. 684), in support. CHR. INABA: Thank you. We'll take the first order of business, please. The Chair directed the Committee to proceed to the next order of business, Order of Resolutions. Res. 406-24: ACCEPTS THE DEDICATION OF ROADWAY PARCEL IDENTIFIED AS ALL OF THAT CERTAIN PARCEL OF LAND (BEING A PORTION OF LAND DESCRIBED IN AND COVERED BY ROYAL PATENT GRANT NUMBER 6586, LAND COMMISSION AWARD NUMBER 8689-B TO HELEANAOLE) SITUATED, LYING AND BEING AT KAPA`AU DISTRICT, OF NORTH KOHALA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, AND DESIGNATED AS TAX MAP KEY: 5-4-004-015 ("ACCESS ROAD") FROM KAPA`AU WATER WORKS COMMUNITY ASSOCIATION, A HAWAII NONPROFIT CORPORATION The landowner seeks to dedicate the roadway and all improvements for public roadway purposes. Reference: Comm. 680 Intr. by: Mr. Inaba (B/R) Motion to Approve: Ms. Lee Loy moved to recommend adoption of Res. 406-24. Seconded by Ms. Galimba. CHR. INABA: This is a resolution being brought to us by Corporation Counsel and we do have Deputy (Sinclair) Salas-Ferguson joining us today in Hilo. We ask if you could please come forward to just give us a quick overview and then we'll open it up to the Committee for questions. (Note: At this time, Deputy Corporation Counsel Sinclair Salas- Ferguson came forward to address the members of the Committee.) MR. SALAS-FERGUSON: Hi, good morning. Deputy Corporation Counsel Sinclair Salas-Ferguson. So, somebody from DPW (Department of Public Works) should be coming here, the Deputy Division Chief for the Engineering Division, who could probably provide more factual background on this, but I can give you a brief summary of what I know. So, this is a road lot that the County has been controlling and maintaining since the late 90's and this measure, this resolution, is essentially DPW's attempt to formalize the control and maintenance of this road. So, the ask from DPW is Page 2 LAAC-21 January 23, 2024 that Council approve the resolution and that would allow the current owners to transfer the deed to the County to formalize what's already in practice, the control and maintenance of the road by the County. CHR. INABA: Thank you, Deputy. We have Director Pause from DPW here. Director, would you like to add anything. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Committee.) MR. PAUSE: Yes. Stephen Pause, Director of Public Works. Sinclair is exactly correct in what he has stated. The only comment that I would add is that this road is currently and presently being maintained by the County. So, this is a form of clean up to just get the legal access to complete this. Thank you. CHR. INABA: Thank you. Opening it up for discussion. Any questions? There being none, all those in favor of forwarding Resolution 406-24 to Council with a favorable recommendation please say "aye." Vote on Res. 406-24: The motion to recommend adoption of Res. 406-24 (Approved) was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder —1. Excused: None. Res. 407-24: ACCEPTS THE DEDICATION OF A ROADWAY LOT, CONTAINING AN AREA OF 54,424 SQUARE FEET, IN THE KUPULAU MEADOWS SUBDIVISION, PHASE II, PORTION OF GRANT 9460 TO HENRIETTA D. HOLT, BEING IDENTIFIED AS TAX MAP KEY: 2-4-076-052, SITUATED AT WAIAKEA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM FOLIAGE PARTNERS, A HAWAII LIMITED PARTNERSHIP, KUPULAU ANTHURIUM PARTNERS, A HAWAII LIMITED PARTNERSHIP, AND ANDRAEA PARTNERS, A LIMITED PARTNERSHIP The landowners seek to dedicate the roadway and all improvements for public roadway purposes. Reference: Comm. 681 Intr. by: Mr. Inaba (B/R) Page 3 LAAC-21 January 23, 2024 Motion to Approve: Ms. Lee Loy moved to recommend adoption of Res. 407-24. Seconded by Ms. Galimba. CHR. INABA: Director Pause, I believe this is you again. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Committee.) MR. PAUSE: Thank you. So, this originally came to us from Council Member (Aaron) Chung sometime back. But the story on this particular subdivision was it was built to dedicable standards in 2009. Then there were some holdups with respect to an issue for a five-foot strip of land, which kind of kept it from really going forward. So, once again as I mentioned earlier, this is another attempt to just clean this up. You'll see the correspondence that the road meets all of our standards and we're just trying to go through the formality of getting this one finalized. Thank you. CHR. INABA: Thank you. Any questions? I do have a question. So, is this a road that has been maintained by the County as well? MR. PAUSE: So, Ms. Melanie Demello, I see is in the Hilo Chambers. The hard questions are for her today and the easy ones are for me. So, I don't know the answer to that. Melanie, maybe you could help? CHR. INABA: Heading over to Hilo. Ms. Demello. (Note: At this time, Public Works Deputy Chief of Engineering Melanie Demello came forward to address the members of the Committee.) MS. DEMELLO: Good morning, Council. Melanie Demello, Deputy Chief for Public Works Engineering Division. For this road, we have not been maintaining this road. But like Director Pause said, it does meet all dedicable standards and DPW did recommend dedication back in 2009, as well as today. CHR. INABA: Okay. So, because it's a newer subdivision, the condition of the road shouldn't have declined, it's at okay standards? MS. DEMELLO: I should say, additionally when Council Member Chung reached out, I think a couple years ago, we did do a dedication inspection at that time. I think that may have been a few years back. And we did a dedication inspection just to check if the maintenance of the road, if it was up to par. So, they did do some restriping, re -signage. The developer did that and subsequently we said it's in good condition for dedication. Page 4 LAAC-21 January 23, 2024 CHR. INABA: Great. Thank you so much. With that, there's a motion on the floor to forward Resolution 407-24 to Council with a favorable recommendation. All those in favor? Vote on Res. 407-24: The motion to recommend adoption of Res. 407-24 (Approved) was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder —1. Excused: None. Res. 408-24: AUTHORIZES THE DIRECTOR OF FINANCE 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: 2-5-001:011, SITUATED IN THE AHUPUA`A OF PUNAHOA, DISTRICT OF SOUTH HILO, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire approximately 1,052 acres of land to protect cultural and natural resources and open certain areas of the property for education, gathering, and cultural practices. The parcel is listed as priority number two in the 2023 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 682 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to recommend adoption of Res. 408-24. Seconded by Ms. Lee Loy. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you so much, Chair. I'm super excited about this possibility. It's the first PONC (Public Access, Open Space, and Natural Resources Preservation Commission) property. It's a request for conservation easement in District 2, first PONC property in District 2. I got a chance to go out there with Ms. Toni Bissen, who is here today. Toni, if you don't mind coming forward and Hamana (Ventura), I know you may want to come forward as well. We can't get to the actual property yet. It's very hard to access. But we are standing there adjacent to it and looking towards it, and it's a pretty amazing Page 5 LAAC-21 January 23, 2024 property. It's one of those properties that is actually not a coastal property that we're looking at for our PONC program. So, that is exciting. I want to let Ms. Bissen talk a little bit about her organization and the property, and what their vision is here. I believe she has one slide to share as well. So, Ms. Bissen, if you'd like. (Note: At this time, Executive Director of Pu`a Foundation Toni Bissen and Finance Department Property Manager Hamana Ventura came forward to address the members of the Committee.) MS. BISSEN: Perfect. Thank you so much, Councilwoman Kagiwada. Aloha mai kakou. My name is Toni Bissen. I'm the Executive Director of the Pu`a Foundation. Our foundation is stewarding this property, and we filed the PONC application back in January and it has meandered through the process and it's such an honor and a privilege to be before you at this time. I think we have one slide that gives more information, just a visual of the map. I'd like to do two things. One, I'd like to bring our property into this room. In 2022, Kumu Kekuhi provided for an opportunity for community people to write chants for wahi pana. And so, I was fortunate enough to be in that chant class and I provided this opportunity as we were going through the PONC. We adapted a chant that Aunty Edith had written about Keaukaha. But we worked on this chant. It was by Kekuhi and Kumu Manaia, and I'd just like to, if it is appropriate at this time, to bring Punahoa into this room. Chair Inaba, would that be okay? (At this time, Toni chanted in Hawaiian.) Mahalo. We wrote this chant because it talks a little bit about that special place, the place names. It talks about the birds, and it talks about water, and it talks about life. This program from our organization, just really a quick background. We were created out of an apology, regis, and reconciliation process on a part of the United Church of Christ for the complicity in the 1893 overthrow. This particular property came to our organization to be able to steward as an amazing gesture of justice and reconciliation. And so, this is the work of the Pu`a Foundation, and we work towards trauma to transformation kinds of issues. We focus actually on those who are incarcerated, especially women. And in this particular case, the trauma to transformation approach that we were taking for this property is facing the fungus that is hurting our `6hia. And so, the trauma to transformation work that we are doing, that is all part and core of this project, is about malama `aina, especially the `6hia. So, we went through the PONC process to be able to partner with the County to move forward on a particular conservation easement. We are in partnership with the United Church of Christ, which is a landowner above this property. This property that is before you right now is a 1,000I guess we no more the picture, yeah? Page 6 LAAC-21 January 23, 2024 MS. KAGIWADA: Sorry. They thought they had it, but they don't have it. MS. BISSEN: That's okay. MS. KAGIWADA: So, you guys have it in your pinkie file. MS. BISSEN: Great. Okay. That's okay. Thank you. But it just had a map snapshot provides a visual of the kinds of things that are on the property, in particular there are many hundreds of acres of kipuka. Kipuka are land areas in which the lava flow has gone around, and they are sacred places that are intact that we absolutely want to protect and make this a very special, very special project and property. In addition, as Council Member Kagiwada has mentioned, this is a mauka property, and this whole notion of mauka to makai and that preservation is also at the core of the work that we want to do. Again, underscoring the `ohia. So, there's big plans to be able to do this. First of all, being in partnership with the County would be amazing through the conservation easement. And there are big plans as to restore, protect, conserve the natural state of the forest as well as to be able to know, care and connect, and do the work that we hope to do educational wise, culturally, and having—it takes about 15 minutes from the airport to this property around mile marker 10, 11. Traditionally, halau have always gone onto this property to pick `ohia for Merrie Monarch, et cetera. Now that acreage is all under quarantine and is not able to be the place in which `ohia are picked for gathering. So, our hope and our efforts with the Punahoa Heritage Forest Project is in fact to work on the preservation of our `ohia, and then go from there. Thank you so much for allowing me to testify. CHR. INABA: Thank you very much. Council Member Kagiwada, you still have the floor. MS. KAGIWADA: Thank you. Yeah, just wanted to give Mr. Ventura a couple minutes here to talk about the property as well. Thank you. Thank you. MR. VENTURA: Thank you, Council Member Kagiwada. But you know, Toni said it all. It's hard for me to say anything more other than put my foot into my own mouth and get in my own way. So, I defer to you guys. MS. KAGIWADA: Thank you so much. Yes, looking for all your support and love to hear any comments. Thank you. Thank you, both. CHR. INABA: Thank you. Council Member Evans. Page 7 LAAC-21 January 23, 2024 MS. EVANS: Yeah, thank you. There's a comment on the resolution, either acquisition or conservation easement. How will you decide? MS. BISSEN: It's a conservation easement. MR. VENTURA: It's a conservation easement. MS. EVANS: So, right now it's under a conservation easement. So MS. BISSEN: No, we're the propertyyeah. MR. VENTURA: We're proposing to hold a conservation easement. MS. EVANS: I got it. Okay. Thank you. MR. VENTURA: Okay. MS. EVANS: I yield. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Mahalo for taking the time and setting that intention, and overcoming your nervousness to invoke and invite in those that have gone before us and the messages of the forest and the land. And as you were speaking, I just wrote a couple notes and one of them was ridge to reef, mauka to makai. And so, I see this alignment and I really recognize and cherish your poignant, pointing out that this isn't a coastal property. But as we continue to navigate the impacts of climate change, and shoreline erosion, and rising surf and tides, the need for conservation in our mauka lands and for our water and the forest that ensure that we have clean drinking water is pivotal to the health of our community just from a physical standpoint. But you're speaking of how you're utilizing this property and the connection to walk and be, and work upon, especially for women who may have been incarcerated or have things with the law, I think that it's an incredible program you're working on. Thank you for that. It breaks my heart that the gathering there, you know, had to be paused because of rapid `ohia death but also at the same time lifts my heart because that's what's necessary to do. Sometimes we have to say pause, we have to `a`ole, and make kapu in order for things to regenerate. And so, I'm really grateful to see Hamana sitting here with you, and I know how much time, effort, and really his intention of wisdom in deciding which properties. There're always the ones that I wish could be in my district, but really honoring the island as a whole and that need to equitably distribute resources, and also utilize this opportunity to protect and conserve properties like this. My one question is where off of Page 8 LAAC-21 January 23, 2024 Saddle Road is this? Just for my own understanding because I get to go to Hilo at least once a month. MS. BISSEN: It's around mile marker 10 and 11. It's 2,000 acres. The total project for the Punahoa Heritage holds about over 2,000 acres but in this particular PONC application it's 1,000 acres. And that's about mile marker 10 and 11, when you're going from the Saddle going from Hilo to Kona. MS. VILLEGAS: Okay. MS. BISSEN: And it bifurcates. MS. VILLEGAS: Okay. It goes right across. Okay. I'll have to look out for the mile markers and just kind of, to get some understanding. But when I do drive that road, the diversity of that ecosystem and what it holds and carries with the clouds and the rain, and the winds, and just that whole energy there. I`m really grateful that you're bringing this forward, and I'll be supporting it wholeheartedly. So, mahalo for this. I yield. MS. BISSEN: Mahalo. CHR. INABA: Thank you. Any furtheroh, Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you for being here. You know, I love the idea of this being a mauka property. We've seen a lot of makai parcels. So, really enjoy this. But also, just want to thank you for your stewardship because often times when we move properties into the open space fund, we don't have stewards. And that we already have an established stewardship program makes caretaking and stewardship of a thousand plus acres a lot easier. I do want to acknowledge your connection to Kumu Hula Leina`ala Heine, and our connection to Keaukaha with Lehua Kalima and her `ohana. And so, I do see this as a great full circle for not only the stewardship but the network and fabric of our native Hawaiians that continue to practice not only hula but the music that goes with it. So, thank you so much, Hamana. What a wonderful program that you're bringing forward for us to support. And I also love that we're flexing that conservation easement piece rather than just, you know, purchase of the entire property. So, love this. Love how we're just making it work around all the different tools that we have in the toolbelt with our PONC properties. Thank you, Chair. I yield. CHR. INABA: Thank you. Council Member Galimba. MS. GALIMBA: Thank you, Chair. Just briefly, I wanted to also thank you for taking on this project. Recently, a Hakalau Forest had an open day for people to Page 9 LAAC-21 January 23, 2024 come and hike, and so I know at least a few of my colleagues were there. And you know, it's just amazing what you can do up there on the mountain, as far as like helping native plants to come back and native birds and all the other life up there. So, I think it's great that you'll be sharing that with some folks that probably—it would help both, both the place and the people to connect and have meaning. So, thank you so much. MS. BISSEN: Thank you. CHR. INABA: With that and no further discussion, thank you both for being here and sharing of the features of this `aina and bringing them into this space. MS. BISSEN: Thank you. CHR. INABA: There is a motion on the floor to forward Resolution 408-24 to Council with a favorable recommendation. All those in favor please say "aye." Vote on Res. 408-24: The motion to recommend adoption of Res. 408-24 (Approved) was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba – 8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder –1. Excused: None. Res. 409-24: AUTHORIZES THE ACCEPTANCE OF A QUITCLAIM OF REAL PROPERTY, BEING A PORTION OF GOVERNMENT HOMESTEAD ROAD AND A 30 -FOOT -WIDE RIGHT OF WAY, SITUATED AT HONOMU, SOUTH HILO, ISLAND OF HAWAII, STATE OF HAWAII, BY ITS BOARD OF LAND AND NATURAL RESOURCES The County seeks to preserve and protect public access to the Hilo Forest Reserve. Reference: Comm. 683 Intr. by: Mr. Inaba (B/R) Motion to Approve: Ms. Lee Loy moved to recommend adoption of Res. 409-24. Seconded by Ms. Galimba. CHR. INABA: Director Pause, overview please. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Committee.) Page 10 LAAC-21 January 23, 2024 MR. PAUSE: Yes. Stephen Pause, Director of Public Works. So, this is a quitclaim from the DLNR (Department of Land and Natural Resources). This road presently provides access to the Hilo Forest Reserve and by accepting this, it's going to allow us to go a little further with, as I mentioned earlier, clean-up work. There's a road that goes up to the Forest Reserve access that was a paper road, DLNR, but the actual trail road is not exactly within this land that's being quitclaimed. So, we're working with the property owner up there. Eventually, by accepting the quitclaim we'll be able to clean this up, and get the right access for the county to be able to maintain that road and continue to provide that access to the Hilo Forest Reserve. Mr. Sinclair and Deputy Director Malia (Kekai) are both in Hilo. I don't know if you have anything to add to that. CHR. INABA: Anything to add in Hilo? (Note: At this time, Deputy Corporation Counsel Sinclair Salas- Ferguson came forward to address the members of the Committee.) MR. SALAS-FERGUSON: Nothing really to add, but just to reiterate what Stephen was saying. The actual road on the ground doesn't align with the title to the property that the County has. And so, this measure, like Stephen said, we're asking the County Council to accept the State's quitclaim, which means that the County is accepting whatever title the State has to the paper road, which would then allow the County to work with the current property owners to clean this up and essentially make the road on the ground match the legal ownerships, if that makes sense? It's really convoluted. But essentially, what Stephen said, we're trying to clean this up. CHR. INABA: Okay. Thank you. Bringing it back here to Kona. Council Member Galimba. MS. GALIMBA: Yeah. I think both Council Member Lee Loy and myself would like a repeat of that going slowly because we're kind of losing it. I'm grasping some parts of it. So maybe just to ask a little bit, question, maybe pick it apart, at least for my perspective. So, the land that the current road is on, physical road and the paper road are both owned by an individual who's here, whose name I forget. But the State has an easement over the paper road and not over the—is that correct? And so, we're getting the easement from the claim that the state has on that easement from the State and they're going to give it to the County. Is that more or less what it is? (Note: At this time, Public Works Deputy Chief of Engineering Melanie Demello came forward to address the members of the Committee.) MS. DEMELLO: Hi, Council. Sorry. This is Melanie Demello, Deputy Chief for Engineering. So, this road is a road in limbo. I'm sorry, it would be easier Page 11 LAAC-21 January 23, 2024 to describe probably with a map up. But essentially, there's a physical road on the ground, which has been deemed to be, but we call it a road in limbo. However, on paper it maps currently that physical road does not align with the right of way. So yeah, right now the physical road is on Ms. Larsen's property. And the State, as Sinclair mentioned, has quitclaimed the paper road area. So essentially, it's a, we use the term "land slob" in a sense to align the physical and paper roadways. MR. SALAS-FERGUSON: Can I add to this? So, there's a road on the ground right now and it's that Homestead Road; a physical road, and parts of it run through Stella Larsen's property. And then there's a demarcated road on the map, and that's what we call a Road in Limbo, where the ownership is kind of ambiguous and there's this, you know, push and play between the State and the County. So the ultimate plan for this is to clarify the ownership of the paper road first, which is what's happening today by accepting the quitclaim from the State. So, the State's saying, "Okay County, you have all ownership over the paper road." And then once the County gets that, then the County can work with Stella Larsen, the owner of the property, to clean up the alignment, which would be like Melanie just mentioned, which would be a road slob where we would swap the property. We'd say, "Okay, Stella Larsen, for this portion of your property, there's a physical road." So, you would give that to the County and then the County would relinquish its ownership rights and the paper road that runs through her property. Does that make sense? MS. DEMELLO: Yeah, I guess the end goal is to keep a physical and legal access to the forest reserve. Right now, you know, because it runs through a private property, it would be much cleaner to clean up the access so that the forest reserve access can be maintained. MR. PAUSE: And I wanted to add to that. Thanks for bringing that up, Melanie. The entire purpose here is to maintain access to the forest reserve, and what we have right now is a little bit of a mess that we're cleaning up by first getting the quitclaim from the State and then working with the private landowner to get access or legal ownership of the actual roadway that exists out there. Clear as mud, Council Member? MS. GALIMBA: No, it's much better. Thank you. And we'd better remember this process because we've got a lot of that going on in Ka`u, probably elsewhere. But yes, I just wanted to get very clear on it because it's not going to be the last time this kind of thing comes up. MR. PAUSE: And you're very accurate. There are a number of these that will be coming forward with as well just to kind of get thingsI call it a clean-up. But it's really just let's get everything aligned so that we're doing things properly. Thank you. Page 12 LAAC-21 January 23, 2024 MS. GALIMBA: Thank you very much. I yield. CHR. INABA: Thank you. Any further discussion? Sorry, Council Member Lee Loy, go ahead. MS. LEE LOY: Thanks, Chair. Thanks. I really did want to get clear on the process. I think my next question is, is the State helping us compensate for improvements to the road? I mean, I don't mind taking it so that we can get clear ownership but sometimes these roadways require a lot of MR. PAUSE: In this particular case, I believe we're going to work with the property owner to kind of get things a little bit in better shape. We've got, through our Roads in Limbo program, we've got the ability to provide materials, and get them there and work with them. So, we'll be working jointly to get the road into the best possible shape it can be. These are—I've been here before in front of you, questions about roads in limbo. At some point, there's a judgement call, and the judgement call here is we want to maintain and have legal access to the forest reserve. So, it's for the good of the community. So, we're working very diligently. And there are other situations where, you know, we have evacuation routes and other locations where it's just the best thing for the community to try to work and make these things, you know, come together and work within the framework that we're handed here. Roads in limbo are three very difficult words to explain. But again, in this particular case there's a benefit to the community to continue to have that access. There's also benefit to the community to try to get it fixed and try to get it right so that, you know, we're leaving a legacy behind where it's right. MS. LEE LOY: Thanks, Mr. Pause. I'm in absolute support. I just don't want them handing over stuff where we know they get funding for. Just another question and maybe clarifying for me, and this may be more for Sinclair. Has the Board of Land and Natural Resources already acted on this and is that pretty much the cadence? It goes to the board and then comes to us. MR. SALAS-FERGUSON: That's correct. Yeah, so DPW submitted the request almost two years ago, I believe. And then the board approved the quitclaim, but the County cannot accept that until the County Council accepts the State's quitclaim. So, that's the process. It's going to DLNR, they go through their process, and then we bring it to Council and ask that you guys accept that quitclaim. And then we'll go through the land swapping process that we kind of mentioned. That's the next step. We'll be back, Malia says. MS. LEE LOY: Thanks, Malia. Thanks, Sinclair. Thanks, Mr. Pause. Chair, in support of Resolution 409-24. Thanks. I yield. Page 13 LAAC-21 January 23, 2024 CHR. INABA: Thank you. Going back to Council Member Galimba. MS. GALIMBA: I just have one quick question. In the future, does it become not a road in limbo at the end of this? Just wondering. MR. PAUSE: That's correct. We'll take on maintenance of that road. That's correct. MS. GALIMBA: Thank you. CHR. INABA: Any further discussion? Sorry. Council Member Kimball. MS. KIMBALL: Sorry, Chair. I'm just going to add my two cents. I was going to ask Mrs. Larsen to show us with her fingers how many years she's been working on trying to solve this. I mean, two years through DLNR is a small piece of the overall. It's what, been a decade or something, that you've been working. Yeah. It's okay, you can stay back there. It's over a decade folks. It's been a really long time. And so, you know, the goal this is in my district. I support it. It's going to make sure that we have that continued access to the forest reserve. But just as kind of what Council Member Galimba and Lee Loy were referring to, this is a problem across the County and we're starting to develop a mechanism to address it. And as far as I know this is the first time DLNR has given up their ownership so that's actually a major hurdle to have gotten over. But anyway, I encourage my colleagues to support this so we can move on. Thank you. CHR. INABA: Thank you. In support as well. As we see more of these, when you bring this before the Council have you folks gone out to inspect the area that we'd be taking on to make sure that there's nothing funny that would cause the County issues? MR. PAUSE: Yeah. Generally speaking, before we come to you, we will have gone through and looked at the perspective land that we're taking on, correct. CHR. INABA: Okay. Thank you, Director. There's a motion on the floor to forward Resolution 409-24 to Council with a favorable recommendation. All those in favor? Any opposed? Page 14 LAAC-21 January 23, 2024 Vote on Res. 409-24: The motion to recommend adoption of Res. 409-24 (Approved) was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder —1. Excused: None. CHR. INABA: Thank you, Director. Res. 410-24: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LAND OR A CONSERVATION EASEMENT FOR ALL OR A PORTION OF THE PROPERTY IDENTIFIED AS TAX MAP KEY: 8-7-11:002, SITUATED IN THE DISTRICT OF SOUTH KONA, ALSO KNOWN AS `IO LANI KEA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire approximately 46.27 acres of land to protect cultural and natural resources and preserve portions of the ala loa or Ala Kahakai National Historic Trail. The parcel is listed as priority number twelve in the 2018 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 684 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to recommend adoption of Res. 410-24. Seconded by Ms. Villegas. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. I'd like to ask Keoni to come forward to give a short presentation on the site just so you can get a sense of the land that we are considering. (Note: At this time, Ala Kahakai Trail Association President Keoni Fox came forward to address the members of the Committee.) MR. FOX: Hello, Commissioners. Keoni Fox with Ala Kahakai Trail Association. I just had a few photos of the property to share with you, and you heard from our community group of trail stewards that are currently maintaining this section of the Ala Kahakai going south towards Kolo and Opihi Hale. Page 15 LAAC-21 January 23, 2024 (Note: At this time, Keoni Fox provided a PowerPoint presentation to the members of the Committee. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office. A copy of the PowerPoint presentation is made a part of the record, see Comm. 684. 1.) MR. FOX: So, thank you so much. MS. GALIMBA: Thank you, Keoni, very much. So, I just wanted to thank everyone who has come out in support of this resolution, and also for all of your work in maintaining the trail along this portion and other portions of the Ala Kahakai Trail. One thing we haven't really talked about is how protecting these lands also protects the ocean that's very visible and it's very much in need of being protected. Dr. Greg Asner came in a few months earlier and talked about how important it is to keep development away from the coast in order to preserve the marine life, especially the coral reefs. So, this again is the first PONC acquisition in South Kona. And I think it's going to do a lot of good in and of itself and also, hopefully an inspiration to other landowners to think about putting some of their lands, coastal land, into conservation easements as well or otherwise protect the coastline there in South Kona, as we have just amazing coral reef resources in South Kona. So, I ask for my colleagues' support of this resolution to enter into negotiations with the landowner. And I also want to thank the landowner for his very generous and sort of big picture thinking on offering this for sale to the County. So again, I ask for my colleagues' support. Thanks. CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Aloha and thank you for being here. The photos were really fantastic. Thanks for sharing those. Having had the opportunity and privilege to participate in some caretaking work at the Ala Kahakai Trail as it goes through `O`oma and the Kohanaiki property since I was young and worked with other young people, the testimonies here today resonate close to my heart for access to places that we can safely walk with our feet on the earth. We have the unique opportunity for it to be lava, that's fresh reflection of beginning and kind of the virgin states of what will become soil after time. But not only the history and the cultural relevance for being able to experience and walk in the footsteps of those that have come before us, I think that it resonates with me. It allows us that time to become available and download the wisdom, the truths, the stories, and the potential futures from this place. And so in protecting those things, we must protect the opportunities for our mo`opuna to walk these paths and really honor the sacred journey. So, I'm so grateful to all of you for the time, the attention, taking this opportunity to come and speak Page 16 LAAC-21 January 23, 2024 with us today, and this extension of this property, and these sacred spaces. I'm really grateful for the work that you're doing, and I'll be wholeheartedly supporting that today. So, mahalo plenty. I yield. CHR. INABA: Thank you. With that, just wanted to make a note that on the map page of the exhibit it does say District of Puna, but wanted to clarify. And we do have the TMK (Tax Map Key) as well that this is South Kona. But it is a report that wasn't produced by the Council so it's just a picture from the commission. With that, if there's no further discussion there is a motion on the floor to forward Resolution 410-24 to Council with a favorable recommendation. All those in favor? Vote on Res. 410-24: The motion to recommend adoption of Res. 410-24 (Approved) was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder —1. Excused: None. CHR. INABA: Mahalo to you all for being here today. A motion to adjourn please. Page 17 LAAC-21 January 23, 2024 ADJOURN- There being no further business, at 11:48 a.m., Ms. Kagiwada moved to adjourn MENT: the meeting. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Kdneali'i-Kleinfelder — 1. Excused: None. CHR. INABA: This meeting is adjourned at 11:48 (a.m.). Thank you. Approved: Mr. �Holeka Goro Inaba, Chair (Date) Legislative Approvals and Acquisitions Committee HI/tk Page 18