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HomeMy WebLinkAboutRES 632 Draft 01 2024-2026 J�tY OF N�1 COUNTY OF HAWAII •' • STATE OF HAWAI`I rE of•N' 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. f'44" i'tt 4, m z 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. • I «`4,y y"°", "«+aw",'m�'� r r ��#',ttA+`N^w ,Y ,y = - p 3 « r �n =3 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. A # :. '�{^ W °a v'"' '' , 4:z's"art P^" ,L *"w•,"` .,`r '»°' A xw R �rb � X t } _ % Y 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. 0 CRttPOY •M y.tn� r tr.rta Site 9014 tap Mt9 N •u rr� 19013 r .� �� -w uwtnrrpruw 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 '44 a ' w " MIM� ON ,r a a. 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