HomeMy WebLinkAboutRES 632 Draft 01 2024-2026A 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) 1-5-088:009, 010, 011, 012, AND 013, ALSO KNOWN AS WAIAKAHIʻULA VILLAGE OCEAN ACCESS, AND TAX MAP KEY NOS. (3) 1-5-063:042 AND 043, ALSO KNOWN AS WAIAKAHIʻULA BURIAL
SITE 19014 AND AGRICULTURAL COMPLEX SITE 19013, BOTH SITUATED IN THE AHUPUAʻA OF WAIAKAHIʻULA, DISTRICT OF PUNA, USING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
FUND.
WHEREAS, Section 2-218 of the Hawaiʻi County Code 1983 (2016 Edition, as amended) (hereinafter, “the Code”) states that the Council shall, by resolution, select land or lands to be preserved
from the annual prioritized list developed by the Public Access, Open Space, and Natural Resources Preservation Commission; 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 for public
benefit and the preservation of natural resources, historic or culturally important land, forests, beaches, coastal areas, natural beauty, and watershed lands; and
WHEREAS, Waiakahiʻula Village Ocean Access, consisting of approximately 1.07 acres, as shown in “Exhibit A”, attached hereto and incorporated herein by reference, and Waiakahiʻula Burial
Site 19014 and Agricultural Complex Site 19013, consisting of approximately 0.435 acres, (hereinafter, “Waiakahiʻula Burial and Agricultural Complex Sites”) as shown in “Exhibit B”,
attached hereto and incorporated herein by reference, are ranked as the fifth and sixth highest priorities, respectively, for acquisition in the Public Access, Open Space, and Natural
Resources Preservation Commission’s 2025 Annual Report to the Mayor, dated December 31, 2025, as contained in Communication No. 757; and
WHEREAS, Section 2-218(a) of the Code provides, in pertinent part, that “[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, both properties are coastal lands located within the Ahupuaʻa of Waiakahiʻula, an area that supports interconnected native ecosystems and culturally significant landscapes,
the integrity of which is increasingly threatened by unmanaged access, incompatible uses, and the spread of invasive species along the coastline; and
WHEREAS, in 2024, in violation of the 2013 Burial Treatment Plan recommended by the Hawaiʻi Department of Land and Natural Resources, State Historic Preservation Division, the Waiakahiʻula
Burial and Agricultural Complex Sites were desecrated by machine-driven development; and
WHEREAS, acquisition of the properties, including fee interest and conservation easements, would provide substantial public benefit by:
Preserving a renowned wahi pana and wahi kūpuna encompassing a traditional Hawaiian fishing village and ancestral burial site;
Protecting Waiakahiʻula as leina, a transitional place of deep spiritual significance to the Hawaiian people and lineal descendants;
Protecting the area from desecration and incompatible development while stewarding native ecosystems and coastal marine resources that support traditional gathering and fishing practices;
and
Providing managed public access for education, shoreline recreation, navigation, cultural ceremonies, and traditional practices in partnership with lineal descendants and community organizations;
and
WHEREAS, the landowners of the Waiakahiʻula Burial and Agricultural Complex Sites are willing to sell, with at least one property owner desiring to construct a vacation rental if the
property is not sold quickly; and
WHEREAS, the need to acquire the properties is made more urgent by ongoing development pressure, including recent development proposals, that threaten the natural, cultural, and historical
significance of Waiakahiʻula, making timely action necessary to ensure their permanent protection and stewardship; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that pursuant to Section 2-218 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) 1-5-088:009, 010, 011, 012, and 013 and Tax
Map Key Nos. (3) 1-5-063:042 and 043, both situated in the Ahupuaʻa of Waiakahiʻula, District of Puna, using 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 these lands 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 Hawai‘i; Diane T. Nakagawa, Director of
Finance; and Deborah Chang, Chairperson of the Public Access, Open Space, and Natural Resources Preservation Commission.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
ASHLEY KIERKIEWICZ
Council Member