HomeMy WebLinkAboutRES 632 Draft 01 2024-2026 J�tY OF N�1
COUNTY OF HAWAII •' • STATE OF HAWAI`I
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RESOLUTION NO. (632 26
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) 1-5-088:009,010,011,012,AND 013,ALSO KNOWN AS
WAIAKAHI`ULA VILLAGE OCEAN ACCESS,AND TAX MAP KEY NOS. (3) 1-5-
063:042 AND 043,ALSO KNOWN AS WAIAKAHI'ULA BURIAL SITE 19014 AND
AGRICULTURAL COMPLEX SITE 19013,BOTH SITUATED IN THE AHUPUA`A OF
WAIAKAHI`ULA,DISTRICT OF PUNA,USING THE PUBLIC ACCESS, OPEN
SPACE,AND NATURAL RESOURCES PRESERVATION FUND.
WHEREAS, Section 2-218 of the Hawaii 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,Waiakahi`ula Village Ocean Access, consisting of approximately 1.07
acres, as shown in"Exhibit A", attached hereto and incorporated herein by reference, and
Waiakahi`ula Burial Site 19014 and Agricultural Complex Site 19013, consisting of
approximately 0.435 acres, (hereinafter, "Waiakahi`ula 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 Ahupua`a of
Waiakahi`ula, 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 Hawaii Department of Land and Natural Resources, State Historic Preservation Division,the
Waiakahi`ula 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:
1. Preserving a renowned wahi pana and wahi kupuna encompassing a traditional
Hawaiian fishing village and ancestral burial site;
2. Protecting Waiakahi`ula as leina, a transitional place of deep spiritual significance to
the Hawaiian people and lineal descendants;
3. Protecting the area from desecration and incompatible development while stewarding
native ecosystems and coastal marine resources that support traditional gathering and
fishing practices; and
4. 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 Waiakahi`ula 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 Waiakahi`ula,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
2
Map Key Nos. (3) 1-5-063:042 and 043, both situated in the Ahupua'a of Waiakahi`ula, 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 Hilo , Hawai`i, this 16th day of September , 20 26.
INTRODU ED BY:
ASHL KIERKIEWICZ
Council Member
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii 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 September 16, 2026
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
ONISHI X
VILLEGAS X
9 0 0 0
Reference: C-1004/LAAC-44
Y CL CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 63 k
I IIIII ICI I I UIII III I
3 LRB 26 021 D4
EXHIBITA
PRIORITY#5: WAIAKAHI'ULA VILLAGE OCEAN ACCESS
(Suggestion 25-08, Score 73.571%)
TMK Np.(s) (3) 1-5-088:009-013, consisting of approximately 1.07 acres of the
Waiakahi'ula Ahupua'a, in the District of Puna, HawaiT
Aerialimage of the suggested parcels,taken from the Zillow.com listing.Note the blowhole and the well-defined trail to access
the coast
The properties included in this suggestion are approximately 500' east of the Waiakahi'ula County
Beach Park and of Suggestion 25-01. This suggestion includes two ocean front lots (TMKs (3) 1-5-
088:012, 0.21 ac and :013, 0.19ac), one oceanfront flag lot(TMK(3) 1-5-088:009, 0.26ac), and two
adjoining mauka lots (TMKs (3) 1-5-088:010, 0.19ac and :011, 0.22ac). These properties lie within Lava
Zone 2, within the tsunami evacuation zone, and partly within the Special Management Area. All lots
are zoned residential.
All five properties have been cleared in the recent past and have sparse vegetation, TMK(3) 1-5-
088:013 is quite small and a good portion of the property has a blow hole with consistent wave action.
Any attempted development of this lot would be hindered by such a feature,which is very important to
note. Currently, the properties are used by community members as an access point to the coast for
fishing, sightseeing, whale watching and walking.
Because of the nature of these properties, having been recently cleared for development purposes (as
much of the Puna coastline is being inundated with large, part-time homes), they serve as an access
point for the Waiakahi'ula community. Local fishermen have had their coastal access restricted by an
Hawaii ConnA,i�an Equal Opportunity Provider and Employer
unprecedented increase in ocean front development, directly impacting lifestyle and sustainable food
supply for local community members. These restrictions cannot be over-emphasized, and protecting
bits of what is left is critical for maintaining Hawaiian lifeways and the overall well-being of residents of
Waiakahi`ula and greater lower Puna. These properties may not contain native vegetation,visible
archaeology, etc. today, but they are part of an extensive historical fishing village that spans the
Waiakahi`ula coastline.Additionally, any development on these properties will likely'result in sewage
leakage/runoff into the marine environment, depleting already sensitive nearshore marine'
ecosystems.
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Suggested parcels(outlined in yellow)sit about 500'from A trail traverses the ocean front properties,offering coastal
Waiakahi'ula Beach Park and Suggestion 25-01.Note the access for fishing,recreation,whale watching,etc.
ocean front development along the coastline in the top-left of
the photo.
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A blowhole dominates a significant portion of TMK(3) 1-5-088.013.
Hawai`i Coun6 is an Equal Oppor hnrih{Provider and Employer
ANTICIPATED USE
• Allow public access for fishing,whale watching, and recreation.
• Maintain open view planes along the coast.
• Mitigate coastal erosion.
SIGNIFICANCE AND MANAGEMENT
• These properties are recognizably part of a continuous archaeological landscape which includes
Waiakahi'ula Fishing Village.
• Nominators of Suggestion 25-01 support the acquisition of these properties and intend to help
with management.
• Malama O Puna has stated that they intend to help with the management of the properties if
acquired by the County.
SPECIAL OPPORTUNITIES FOR ACQUISITION AND/OR MANAGEMENT
• Properties are near Suggestion 25-01 and to County owned and managed Waiakahi'ula Beach
Park. They are also near Honolulu Landing, a previously nominated PONC parcel with a current
County Council resolution.
• TMK(3) 1-5-088:012 is currently fisted on the open market for$278,888.
STRENGTHS AND WEAKNESSES
Strengths:
• Acquiring these parcels would ensure that coastal access and open view planes are
maintained.
• These properties represent a much larger historic fishing village that spans the Waiakahi'ula
coastline (including Honolulu Landing, Waiakahi'ula Beach Park, the properties in Sugg 25-01,
etc
• Preserving these properties allows for an opportunity to mitigate coastal erosion and re-
introduce native vegetation to the area.
• The blowhole on (3) 1-5-088:013 likely inhibits building on the property_
Weaknesses:
• No willing sellers, though all property owners have been informed of the process.
Summary Report by:Jodie Rosam, Chair, PONC Commission,September 8, 2025
Haivai'i County is an Equal Opportunity Provider and Employer
EXHIBIT B
PRIORITY#6: WAIAKAHFULA BURIAL SITE 19014&AGRICULTURAL COMPLEX SITE 19013
(Suggestion 25-01, Score 73.286 o)
TMK No.(s) (3) 1-5-063:042 and (3) 1-5-063:043,consisting of approximately 0.435 acres of the
Waiakahi'ula Ahupua'a, in the District of Puna, Hawaii.
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Site 19014 as is visible from Papio Street.
The 0.45 acres included in this nomination in Waiakahi'ula Ahupua`a in Puna are currently owned by
two different landowners, one of which is actively pursuing the development of a vacation rental. The
properties are adjacent to one another, with TMK(3) 1-5-063:042 bordering Kahakai Boulevard. Both
properties span the distance between Papio Street and Puna Parkway, and 9,474 and 9,470 square
feet, respectively. These properties lie within Lava Zone 2, within the tsunami evacuation zone, partly
within the Special Management Area, and are zoned residential.
These properties are just mauka of Waiakahi'ula County Beach Park, separated only by a small
community road (Papio Street). Waiakahi'ula Beach Park serves as a place for'ohana to gather and
recreate, lawai'a to access the coastline for fishing, 'aina-based learning opportunities for Pahoa High
School Students, stewardship opportunities for community members, a place to practice cultural
protocols, and a reminder of the importance of this sacred land to Hawaiians who were born here, died
here, and everything in between for generations—both historically and currently. This park
encompasses a small portion of the Waiakahi'ula fishing village and contains many archaeological
features.
Hawaii Count}=is an Equal Oppornnddy Provider and Employer
In 1974,the Bishop Museum conducted an archaeological survey in the area and identified a burial
platform (Site 19014)and an adjacent agricultural complex(Site 19013). In 1998, a follow-up site
inspection was conducted, confirming the presence of both sites, and another AIS was conducted in
2013 specifically, recommending a burial treatment plan (BTP)for Site 19014.A BTP was prepared
later that year, including buffer requirements and fencing requirements during any development of the
site.
Site 19014 (a burial) and Site 19013 (an agricultural complex)still exist today and are located on the
parcels included in this nomination. However, in 2024, both sites were negatively impacted during
machine-driven attempted development, which triggered response from law enforcement, Hawaii Burial
Council, Division of Conservation and Resources Enforcement, and the State Historical Preservation
Division(SHPD). The active development of TMK(3) 1-5-063:043 has already impacted these sites,
without regard to the Burial Treatment Plan (BTP) recommended by SHPD. At the time of the site visit,
no BTP requirements have been completed or even attempted, and obvious desecration of the burial
platform and associated features had already occurred.
The nominators of this parcel have a great working relationship with the County Department of Public
Works and have worked together to install white street markers to prevent parking within the buffer area
mandated by the BTP. Additionally, they are very active members of the Puna community and have
(since the time of the site visit)worked with the County to install informational signage around the
Waiakahi'ula Beach Park. They also have phenomenal community support.
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Suggested parcels outlined in yellow.Source.Google Earth SHPD Sites 19013 and 19014 site map(image from the
imagery and Hawaii County Property Tax website. submitted application)_
Nawai'i County is an Equal Opportunity Novider and Employer
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Signage within the Waiakahi'ula County Beach Park informs White street markers were installed by Department of Public
visitors of the historical significance of the area and the Works to prevent parking within the BTP buffer
mandated protections therein.
ANTICIPATED USE
• Implement preservation measures outlined in the BTP,thereby preserving 'iwi kupuna that are
on site.
• Continue 'aina-based educational opportunities for the Waiakahi'ula and greater Puna
communities.
SIGNIFICANCE AND MANAGEMENT
• These properties are recognizably part of a continuous archaeological landscape which includes
Waiakahi'ula Fishing Village.
• Both TMKs contain 'iwi kupuna which need immediate protection.
• Failure to adhere to BTP recommendations has resulted in the desecration of a portion of the
burial site and adjacent features. It is likely that development of these properties will directly
negatively impact these sites in the very near future.
• A 501(c)(3)with the mission of stewarding the cultural and historical sites of Waiakahi'ula
Ahupua'a will manage the sites.
• Na Hoa 'Aina o Waiakahi'ula has a Friends of the Park agreement to steward the cultural sites
within the Waiakahi'ula Beach Park.
• Mala La'au will provide native plant species for out planting on site as prescribed by the BTP
and in the adjacent Waiakahi'ula Beach Park.
• Kawai'ula is dedicated to community engagement and the development of Hawaiian cultural
protocols and the training for the Waiakahi'ula Ahupua'a and greater Puna community.
• 'Aha Lamaku 'OiaTo will continue to partner with community organizations and leaders to
provide 'aina-based service learning and culturally relevant leadership training.
• If purchased, the intent is to work with the County of Hawaii and Department of Public Works
(DPW)to adhere to BTP prescriptions and maintain road access to the community. Some of the
burial sites are located within the County Easement.
• DPW has already installed white markers to prevent parking within the buffer site. Because of
the BTP buffers, this may include blocking off the one-block portion of Papio Street and have
access to nearby homes through Puna Parkway, which would not block any access to homes.
Hawai'i Cowin-is an Equal Opportunity Provider and Eptplotjer
SPECIAL OPPORTUNITIES FOR ACQUISITION AND/OR MANAGEMENT
• These properties are adjacent to Walakahi`ula Beack Park, a County Park that provides
recreation opportunities and coastal access.
• Conversations with the County of Hawaii Department of Public Works are underway with the
intent to come up with a plan that will adhere to BTP prescriptions and still provide access to
adjacent homeowners.
• Acquisition of these properties is urgent and should be done as soon as possible to prevent
further desecration to archaeological sites. The owner intends to develop property into a
vacation rental immediately.
• Parking commonly occurs on the burial site buffer—implementation of the BTP buffers will
prohibit vehicles within the buffer.
STRENGTHS AND WEAKNESSES
Strengths:
• Both TMKs have willing sellers.
• Ample community support(over 60 letters of support included and over 250 signatures from an
online petition).
• Several organizations are willing to steward and manage the area(see above in Significance
and Management).
• The urgency to preserve these properties and the cultural sites within them is high—time is of
the,essence before further desecration occurs.
• If acquired,BTP prescriptions will be adhered to, and`iwi kupuna will be protected in
perpetuity.
Weaknesses:
• None identified.
Concerns or Other Thoughts
This nomination serves as an opportunity to directly protect SHPD-recognized historic sites that still
remain in Waiakahi`ula, and expand on the community engagement and stewardship of the area.This
nomination should be considered high urgency, as at least one property owner is ready to begin
construction of a vacation rental if the property is not sold quickly.
Summary Report by Jodie Rosam, Chair, PONC Commission, September 8, 2025
Hmvai`i County is an Equal Opportunity Provider and Emplover