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HomeMy WebLinkAboutRES 095 Draft 01 2024-2026JMtY^os 114 4C.%y �i�JGi COUNTY OF HAWAI`I STATE OF HAWAPI Tt OF•H' RESOLUTION NO. 95 25 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEY (3) 2-7-011:001 AND (3) 2-7-010:0279 SITUATED IN THE AHUPUA`A OF KAWAINUI AND ONOMEA, DISTRICT OF SOUTH HILO, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. WHEREAS, Chapter 2, Article 42 of the Hawaii County Code 1983 (2016 Edition, as amended) (hereinafter "the Code") establishes a Public Access, Open Space, and Natural Resources Preservation Fund; 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 the duties and responsibilities of the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter "the Commission") include developing and submitting to the Mayor an initial prioritized list of qualifying lands worthy of preservation and updating the list annually by December 31 of each year; and WHEREAS, Kawainui Makai, as shown in "Exhibit A", attached hereto and incorporated herein by reference, consists of approximately 81.19 acres, and is ranked as the second highest priority for acquisition in the Commission's 2024 Annual Report to the Mayor, dated December 19, 2024; and WHEREAS, the State of Hawaii Legacy Land Conservation Commission recommended a Legacy Land Conservation Program grant award in the amount of $1,000,000 to purchase Kawainui Makai, providing a significant amount of matching funding; and WHEREAS, Section 2-218(a) of the Code provides, in pertinent part, that "[t]he 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 lands where matching funding is available to leverage the County contribution"; and WHEREAS, the Kawainui Makai properties encompass and border both sides of Kawainui Stream, a major stream that meets the ocean with a sizable estuary and `ili`ili (pebble) beach along the Hilo-Hdmakua coastline, where the natural topography of Kawainui Makai enabled the landing and launching of canoes during calm seas, an asset that would have encouraged Native Hawaiian settlement; and WHEREAS, the acquisition of title and conservation for Kawainui Makai properties would be significantly beneficial to the County of Hawaii and our island community in the following ways: (1) To safeguard invaluable cultural resources of Kawainui Makai including several potential habitation, kilo and agricultural sites; (2) To preserve critical habitat for Hawai`i's aquatic organisms including all five species of o`opu and the endangered Hawaiian Damselfly; (3) To protect a large estuarine ecosystem which is dynamically abundant and provides essential nursury habitat for a variety of fish and invertebrates; (4) Revive important agricultural lands as agroforest to feed the community in addition to potentially generating income for the continued stewardship of this `aina; (5) To facilitate responsible managed public access for critical community fishing and gathering sites; (6) To enable community -based management and stewardship; and (7) To perpetuate the rural lifestyle and historical character of Hilo Paliku; and WHEREAS, the properties are currently for sale and the landowner is willing to negotiate with the County of Hawaii in good faith; and WHEREAS, Makahanaloa Fishing Association has proposed a stewardship plan which would engage the broader community and is willing to spearhead the stewardship efforts; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I 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 lands and/or conservation easements for all or a portion of the properties identified as Tax Map Key (3) 2-7-011:001 and (3) 2-7-010:027, situated in the Ahupua`a of Kawainui and Onomea, District of South 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. 2 BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable C. Kimo Alameda, Mayor of the County of Hawai`i; Diane Nakagawa, Director of Finance; Dawn N. S. Chang, Chairperson of the Board of Land and Natural Resources; and Alexandra Kelepolo, Chairperson of the Public Access, Open Space, and Natural Resources Preservation Commission. Dated at Hilo , Hawai`i,this 2nd day of April , 20 25 . INTRODUCED BY: UNCIL MEM ER, COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i GALIMBA X HUSTACE 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 KAGIWADA X County of Hawaii on April 2, 2025 KANEALI`I-KLEINFELDER X KIERKIEWICZ X ATTEST: KIMBALL X ONISHI X VILLEGAS X 7 0 2 0 Reference: C-164/LAAC-11 r/CTY CLERK HAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 95 25 3 EXHIBITA % -110 IR. V14,11, �.+ � Ve W-2 ea. W W�Aw IN 4e ,Q AM all Owl 1 W Kawainui Stream has been highly rated for its relatively undisturbed, natural conditions. Endemic freshwater and brackish species are becoming increasingly rare due to stream channelization, pollution, water diversions, development activities, competition from invasive, exotic species, etc. Kawainui Stream still appears to be a haven for endemic freshwater species, such as the hihTwai (Neritina granosa), 'o'opu, (five endemic species in need of study), 'opaekala'ole (Atyoida bisulcate), and Orangeblack Hawaiian Damselfly (Megalagrion xanthomelas). The beach is an important feeding ground for the Hawaiian hawksbill sea turtle (Eretmochelys imbricata). Outside of the Kawainui Stream gulch on more gently sloped terrain are approximately 50-acres of plantings of African Mahogany (Khoya senegalensis), Teak (Tectona grandis), Honduran Mahogany (Swietenia macrophylla), Queensland Maple (Flindersia brayleyana), and Pheasantwood (Senna siamea). The plantings were started in 2000 and extend all the way from the old Mamalahoa Hwy. to the ocean bluffs on both sides of the stream. Zu eeei �• T = _ a°•.aonss.•+a r� , ZDNED'm VPLM 2 7_.T-I l I...600f♦. TM K: 2-7-011:001 40.3 acres. North side of Kawainui Stream TMK: 2-7-010:027 40.89 acres. South side of Kawainui Stream 2 ANTICIPATED USE • The properties are presently for sale by the current owners, Na'Aina Kai Botanical Gardens, a family trust based on Kaua'i. • Under the current landowners, the properties have been quietly and informally accessible for ocean access by the community. It will be a significant loss of one of the few remaining publicly accessible coastal areas in Hilo-Hamakua, should new landowners purchase the property and close off the informal access. • Should a PONC purchase occur here, an extremely rare opportunity would open to the public. Not only are there ample recreational and food gathering opportunities here that would need to be carefully managed, but the rare estuary and massive freshwater stream system offer educational and research opportunities that could greatly benefit local and statewide knowledge of Hawaiian aquatic ecosystems. SIGNIFICANCE AND MANAGEMENT • The Kawainui Makai estuary and associated stream system is quite possibly one of the best -preserved on the island, due to its size and relatively undeveloped surrounding lands. • Public acquisition would afford a rare opportunity to protect and study a unique ecosystem whose benefits to the state's aquatic resources are not fully understood. • Ocean accessibility is scarce in North and South Hilo and Hamakua Districts. Public acquisition of this Kawainui/Onomea property would prevent loss of another rare ocean access in these districts. SPECIAL OPPORTUNITIES FOR ACQUISITION AND/OR MANAGEMENT • The properties are for sale, and the landowner is aware of PONC's interest and open to discussion with the county. • Presently, there are no PONC - acquired properties in North and South Hilo Districts. In the north side of Hawai'i Island, only one property has been acquired so far: 1.8-acres in Hamakua District at the top of Waipi'o Valley's lookout. Island -wide, there are no other PONC- acquired properties with similar abundance of perennial stream, estuarine, and riparian resources, and the associated, scientific research potentials. • Public acquisition of these parcels would present the opportunity for community management of a beloved area, cherished for its spectacular beauty, accessibility to the ocean, and abundant natural resources. The Makahanaloa Fishing Association has proposed a stewardship plan which would engage the broader community and is willing to spearhead the stewardship effort. A petition of support for the acquisition signed by close to 50 local residents has been submitted. • The Hamakua Community Development Plan Action Committee has endorsed the proposal to acquire these properties. • The Hawai'i State Division of Aquatic Resources has submitted a letter of support for this citizen -led effort to preserve the Lower Kawainui River. • Letters of support have been received from present and former County Council persons and several nonprofit organizations. • Much of the land along the lower elevations of the Hilo-Hamakua coast has been affected by extensive, past sugar cane cultivation. Much of what remained of the earliest Native Hawaiian settlement, i.e., trails, house sites, agricultural plots, shrines, temples, etc. were sadly scraped away and plowed under in favor of sugar cultivation. Remnants of early settlements continue to exist in Kawainui Gulch. Understanding of Native Hawaiian cultural practices of this part of the island could be increased through archaeological study, oral histories, and cultural surveys, should the properties be publicly acquired. • The tropical hardwoods that have been planted on the properties present unique and wide-ranging possibilities. Stewardship groups, in consultation with the community, students, and forestry professionals, could collaborate on ideas for potential uses of the high -value hardwoods. STRENGTHS AND WEAKNESSES Strengths • Preservation of a relatively accessible, pristine and massive stream system and estuary that are environmental assets to Hawaii Island and the state. • Protection and management of public access to the stream, estuary, and ocean, a rare opportunity in the Hilo-Hamakua region. • Continuation of multi -cultural traditions by conserving natural resources and the ability to access the ocean, estuary, and stream. e Opportunities and lessons to be learned from community management to ensure protection and perpetuation of the natural and cultural resources for future generations. The Makahanaloa Fishing Association is working collaboratively with groups and individuals in the local community to inform the public of the effort to acquire these properties, fundraise, and apply for cost -sharing grants and matching fund opportunities. • Potentials for historical, biological, and archaeological education and research to benefit Hawaii Island and the state. • Presence of mature tropical hardwoods that add to the value of the properties. Kawainui Stream's lower waterfall and estuary Weaknesses • Possibility that the land will be sold to a private interest, which could end the informal public access to the stream, estuary, and ocean that has been allowed by the current owners. • Long PONC acquisition process, which allows time for the property to potentially be sold to a private purchaser. • If not publicly purchased, the critically valuable estuary, stream, and near -shore aquatic resources could suffer from diminished water quality, should land alteration activities occur on the upper plateaus. Report by Ms. Deborah Chang, Commissioner Photos courtesy of Phaethon Keeney August 23, 2024 4