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HomeMy WebLinkAboutRES 516 Draft 01 2024-2026�tv w ti- COUNTY OF HAWAII :• STATE OF HAWAI`I RESOLUTION NO. 526 2*6 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEY NOS. (3)1-4-002:002, 017, 042, 047, 048, 058, 065, 072, 080, 082, 085, 092, AND 100, ALSO KNOWN AS KUMUKAHI, SITUATED IN THE AHUPUA`A OF KULA, DISTRICT OF PUNA, 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, Kumukahi, as shown in "Exhibit A", attached hereto and incorporated herein by reference, consists of approximately 1,967.96 acres, and is ranked as the third highest priority for acquisition in the Commission's 2025 Annual Report to the Mayor, dated December 31, 2025; 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, Kumukahi lies within the Ahupua`a of Kula, an area that supports a range of native species and interconnected ecosystems, and the integrity of this natural environment is increasingly threatened by unmanaged access, inappropriate use, and the introduction and proliferation of non-native invasive species along its coastlines; and WHEREAS, the acquisition of title and conservation easements for Kumukahi properties would be significantly beneficial to the County and our island community in the following reasons: 1. Preservation of a renowned wahi pana and wahi kupuna containing burial sites, heiau, and other historical features, including its significance as the hikina (eastern point) of Ko Hawai`i Pae`aina, symbolically representing beginnings, birth, and new life; 2. Preservation of Kumukahi as leina, a transitional place of deep spiritual significance to the Hawaiian people and lineal descendants; 3. Protection and stewardship of native ecosystems and coastal marine resources with the Kula Ahupua`a that support traditional gathering and fishing practices; 4. Providing managed public access for education, shoreline recreation, navigation, ceremonial practice, and traditional cultural practices, in partnership with lineal descendants and community organizations; and WHEREAS, the urgency of acquisition is heightened by the anticipated reopening of the Highway 132 section forming "Four Comers," which leads to Kumukahi, by December 2026, which will significantly increase public access to Kumukahi, necessitating established stewardship and management infrastructure; 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 or conservation easements, or both, for all or a portion of the properties identified as Tax Map Key Nos. (3) 1-1-002:002, 017, 042, 047, 048, 058, 065, 072, 080, 081, 082, 085, 092, and 100, also known as Kumukahi, situated in the Ahupua`a of Kula, District of Puna, utilizing the Public Access, Open Space, and Natural Resources Preservation Fund. 2 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 C. Kimo Alameda, Mayor of the County of Hawaii; Diane Nakagawa, Director of Finance; and members of the Public Access, Open Space, and Natural Resources Preservation Commission. Dated at , Hawai`i, this day of 20 INT/RODU'CCEED/ BY: COUNCIL MEMBER, COUNTY OF HAWAI`I COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER GALIMBA HUSTACE INABA KAGIWADA KANEALI`I-KLEINFELDER KIERKIEWICZ KIMBALL ONISHI VILLEGAS Reference: VOTE I AYES I NOES I ABS I EX I C-818/LAAC RESOLUTIONNO. 516 26 A LRB 2 5-180IIII PRIORITY #3 : KUMUKAHI (89.333%) TMK No (3)-1-4-002-002, 017, 042, 047-048, 058, 065, 072, 080-082, 085, 092, and 100, consisting of approximately 1,967.96 acres at Kumukahi in the ahupua'a of Kula, Puna (District 4) The coastline at Kumukahi holds great natural and cultural significance to the community. The easternmost point of our islands, Kapoho, sits within Kumukahi, just makai (toward the ocean) of what is referred to as, "Four Comers," the space utilized as the main entry point to Kumukahi. Visitors currently access Kumukahi east of the new road construction at Highway 137, traversing through private property to make their way down to the bay. The K-ilauea eruption of 2018 reshaped the landscape and covered the Kapoho and "Vacationland" communities as well as a large section of Highway 132, cutting off vehicular access to Kumukahi. Much of Highway 132 was reopened in 2019; however, the section leading to "Four Corners," that leads from the junction of Highway 132 and Highway 137 to the unaffected portion of Highway 132 near the nominated property(s) has not been reopened. Currently no public vehicular access to the property exists, though a rough 4-wheel drive access route across the new lava flow through private property is being used. The reconstruction of this 0.15-mile section leading from "Four Corners," is scheduled to reopen by December of 2026, increasing the need and urgency for established stewardship and management of this cherished cultural landscape. Anticipated Use: The proposed vision would involve consolidation of properties under a single community management and stewardship plan which supports the long-term protection of cultural traditions and practices of this wahi kupuna (ancestral place). Securing the land would enable robust discussion regarding the development and implementation of descendant -led and community -based stewardship and ensure protection and management approaches that are grounded in place -based knowledge systems and practices. Development of a Comprehensive Area Management and Stewardship Plan is intended The off -road access into Kumukahi traverses through multiple pa ilina (burial grounds) and other culturally sensitive areas. EXHIBIT A to identify and guide long-term protection of natural and cultural resources and will include strategies for managed access. Discussion regarding visitor -use and engagement, native species habitat establishment and protection, stewardship objectives and goals, outreach initiatives, and overuse preventative measures will require significant community planning and ensure that descendants, residents, local organizations, and other sectors of the community understand their unique roles and responsibilities. Sharing responsibility for the care, maintenance, and management of Kumukahi will build community capacity and instill a sense of kuleana in its future. Clearly defining these different roles and responsibilities will be paramount to ensure a mindful and culturally sensitive approach to decision -making, project planning, and the implementation of adaptive management techniques. The long-term goals associated with the acquisition and community -based stewardship of Kumukahi is to reinforce a multigenerational place -based stewardship model which perpetuates place -based modes of learning, lifestyles, and legacies. Implementation of this model could be accomplished through education outreach and cultural programming for youth, residents, visitors, and descendants that reinforce and revitalize traditional fishing, astronomy, cosmology, wayfinding, storytelling, record -keeping and otherwise significant and impacfful cultural lifestyle modes. Efforts to document and share the stories and knowledge of Kumukahi may include oral history programs and mapping initiatives. These efforts would seek to instill a sense of pride, love, and understanding of place to all those who enter Kumukahi and deter inappropriate behaviors that risk disturbance of culturally sensitive areas. This emphasizes access as a privilege and a responsibility, rather than an entitled right and deemphasizes cultural landscapes as purely recreational, allowing an individual with the opportunity to experience Kumukahi in a safe and meaningful way. Significance and Management: Kumukahi is known as the place ' which the sun first rises in Hawai'i, a place holding deep cultural significance to its people. It is traditionally referenced in mete, oli, and mo'olelo as the hiking or, eastern point," of Ko Hawai'i Pae'aina, the Hawaiian archipelago, symbolic of beginnings, birth, and new life. It is also a leina (transitional place) where spirits depart from this world and into an afterlife. From this we can infer that Kumukahi holds space for the beginnings and endings of life and Kumukahi is a storied place that represents beginnings and transitions. thus holds great significance regarding the lifetime which falls between the two. Traditional practices that continue in this space include navigation, ceremonial practice, environmental stewardship, lawai'a pono, and malama pa ilina. Opportunities to reinvigorate and support the utilization of Kumukahi for lifestyle practices and traditions would require protective measures that prevent further encroachment on these lands by development. Kumukahi is located within the larger extent of Kula Ahupua'a, within which a range of native species exist. The integrity of the natural environment that exists within Kumukahi is threatened by inappropriate use and access as well as the introduction and increased presence of non- native invasive species to its coastlines. Without protective measures in place and established stewards, Kumukahi is subject to severe misuse and overuse and this unmanaged access will lead to further degradation of a highly revered and beloved place. The acquisition will support meaningful and appropriate access to Kumukahi and in doing so, protect the ability of community to gather from and honor the space in perpetuity. Special Opportunities: All current landowners have been engaged in discussions regarding consolidated ownership of Kumukahi for protection in perpetuity and a considerable number of these landowners have expressed a willingness to sell or donate their properties. • The current County Council Member for this district is actively involved in the process of nominating this property and is committed to pursuing its acquisition and protection. Strengths and Weaknesses: ■ Strong community support and active descendant -led efforts to properly steward lands. ■ Supporting descendant -led and community -based collaborative land management planning within a heavily utilized coastal landscape which considers the protection and perpetuation of the environmental and cultural resources present. ■ Unification of the properties will lead to reestablishment of the connections between people -of -place and the place -based practices and traditions which shape them. Bringing together community through stewardship planning and implementation through these connections of people, place, and practices will then lead to a more resilient future for Kumukahi and the community -at -large. ■ Kapoho Land & Development, Kumukahi Properties LLC, and Roseanne Oda -Ching Trust have expressed a willingness to sell. • Lorraine Lorretta Tobin Trust and Frank Cole & Thomas Tobin (i.e. Tobin property interests) have expressed an openness to sell or establish a conservation easement. • No weaknesses which would undermine property(s) significance are notable. Concerns and Other Thoughts: TMK No. (3)-1-4-002-047 & 048 are owned by the State of Hawai'i and if transferred from the State of Hawai'i to the County of Hawai'i it would likely have to be through an Executive Order (ED) for a specific purpose (e.g. parks and recreation, community center and allied purposes, historic and cultural preservation purposes, etc.) and it would not be a fee simple purchase or as a conservation easement. PONC has not acquired land through this method and it is unclear whether this is a possible avenue for acquisition. An EO could be structured to mirror the PONC purposes, ensuring that these properties would still be protected in alignment with PONC standards, and a non- profit could potentially take over stewardship of these lands, but the property may not be eligible for PONC stewardship funds for management and maintenance. These are important areas for further discussion but do not hinder the significance of Kumukahi as a PONC nomination. The University of Hawaii property, TMK No. (3)-l-4-002-092 is also suggested to be transferred to the County and similar concerns should be considered. Report and Photos by: Cayla Crivello, Vice Chair, PONC Commission Hmvai'i CaantvisonEgwlOpponmityPrnviderandEmplayer