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Home My WebLink AboutRES 372 Draft 01 2008-2010 �JM�v os p...i COUNTY OF HAWAII -.;6k..- /_• STATE OF HAWAII RESOLUTION NO. 372 10 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF THE LUCILE P. KINGMAN TRUST PARCELS (TMKs: 7 -7 -008: 020 and 7 -7 -008: 031) IN THE AHUPUA'A OF PAHOEHOE 2 AND PAHOEHOE 3 NORTH KONA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED). WHEREAS, the Lucile P. Kingman Trust own three distinct parcels totaling approximately 6.1838 acres in North Kona located between Mile Marker 3.5 and 4.0 on Ali`i Drive. The Trust property consists of: TMKs 7 -7 -008: 020, 031, and 100. This resolution concerns only two tax map key parcels which shall be known as "Kingman Property" and consists of: 7 -7 -008: 020, consisting of approximately 1.3016 acres and a house; 7 -7 -008: 031, consisting of approximately 4.7100 acres; and WHEREAS, the public desires open space and a community park in the area; and WHEREAS, section 2 -214, Hawai`i County Code, established the Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, section 2 -215, Hawai`i County Code, established the Public Access, Open Space, and Natural Resources Preservation Commission; and WHEREAS, section 2 -217, Hawai`i County Code, provides, in pertinent part, that the Commission's first duty and responsibility is: "To develop and submit to the Mayor an initial island -wide prioritized list of qualifying lands worthy of preservation..." and for the priorities to be "...listed on an island -wide rather than district basis. "; and WHEREAS, section 2 -218, subsection (a), Hawai`i County Code, states, in pertinent part: "Where 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." Matching funds are being solicited; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition) Chapter 8 - Natural Resources and Shoreline, Section 8.2 — Goals, states, in pertinent part: (a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. (b) Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources. (c) Protect and promote the prudent use of Hawai`i's unique, fragile, and significant environmental and natural resources. (e) Protect and effectively manage Hawai`i's open space, watersheds, shoreline, and natural areas. (f) Ensure that alterations to existing land forms, vegetation, and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition) Chapter 8 - Natural Resources and Shoreline, Section 8.3 — Policies, states, in pertinent part: (i) Encourage an overall conservation ethic in the use of Hawai`i's resources by protecting, preserving, and conserving the critical and significant natural resources of the County of Hawai`i. (j) Encourage the protection of watersheds, forest, brush, and grassland from destructive agents and uses. (1) Work with the appropriate State, Federal agencies, and private landowners to establish a program to manage and protect identified watersheds. (p) Encourage the use of native plants for screening and landscaping. (r) Ensure public access is provided to the shoreline, public trails and hunting areas, including free public parking where appropriate. (s) Establish a system of pedestrian access trails to places of scenic, historic, cultural, natural, or recreational values; and WHEREAS, there shall not be any hunting on these parcels, but trapping may be allowed to remove dangerous or destructive animals; and WHEREAS, the 2009 Annual Report from the Public Access, Open Space and Natural Resources Preservation Commission cited the purchase of the Kingman Property, as a key priority and ranked it number four in its "Hawai`i County Public Access, Open Space and Natural Resources Preservation Commission, 2009 Annual Report to the Mayor, December 31, 2009 "; and WHEREAS, the Kingman Property, which is directly mauka of Ali`i Drive, Magic Sands Beach Park (also known as White Sands or Disappearing Sands Park), La'aloa Bay Beach Park, and Pahoehoe Beach Park, offers a unique opportunity to further supplement, enhance and protect those important public shoreline and recreational areas; and WHEREAS, these parcels are currently offered for sale and listed privately with a real estate broker; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition) Chapter 6 - Historic Sites, Section 6.3 - Policies, subsection (d), states: "Public access to significant historic sites and objects shall be acquired, where appropriate. "; and WHEREAS, the Kingman Property includes a portion of the Great Wall of Kuakini, which was recommended for preservation on TMK: 7 -7 -08: 031 in the Pahoehoe 3` Ahupua`a, 2 North Kona District, Island of Hawai`i, which shall be preserved in place and buffered before any development occurs; and WHEREAS, the Kingman Property also includes five previously known burial sites; and WHEREAS, the Hawai`i Island Burial Council (HIBC) has determined that such burials shall be preserved in place, and a revised Burial Treatment Plan is pending before the HIBC. Those five burial sites shall require an approved Burial Treatment Plan, be preserved in place, and be buffered before any development occurs; and WHEREAS, such burials have been identified as being Kipapa Family burials, and the HIBC has recognized and may continue to recognize descendants from this family; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition) Chapter 5 - Flooding and Other Natural Hazards, Section 5.2 — Goals, states, in pertinent part: (c) Control pollution. (d) Prevent damage from inundation. (e) Reduce surface water and sediment runoff. (f) Maximize soil and water conservation; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition), Chapter 5 - Flooding and Other Natural Hazards, Section 5.3 - Policies, states, in pertinent part: (j) The County and the private sector shall be responsible for maintaining and improving existing drainage systems and constructing new drainage facilities. (n) Develop drainage master plans from a watershed perspective that considers non- structural alternatives, minimizes channelization, protects wetlands that serve drainage functions, coordinates the regulation of construction and agricultural operation, and encourages the establishment of floodplains as public green ways. (p) Where applicable, natural drainage channels shall be improved to increase their capacity with special consideration for the practices of proper soil conservation, and grassland and forestry management; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition), Chapter 12 - Recreation, Section 12.3 — Policies, states, in pertinent part: (d) The use of land adjoining recreation areas shall be compatible with community values, physical resources, and recreation potential. (g) Facilities for compatible multiple uses shall be provided. (h) Provide facilities and a broad recreational program for all age groups, with special considerations for the handicapped, the elderly, and young children. (i) Coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered. (m) Develop a network of pedestrian access trails to places of scenic, historic, natural or recreational values. This system of trails shall provide, at a minimum, an islandwide route connecting major parks and destinations. 3 (o) Develop facilities and safe pathway systems for walking, jogging, and biking activities. (p) Develop a recreation information dissemination system for the public's use. (q) Revise the ordinance requiring subdivisions to provide land area for park and recreational use or pay a fee in lieu thereof; and WHEREAS, the community requires a park providing open space and walking trails; and WHEREAS, in the interest of: 1) preservation of cultural resources, 2) reducing flooding and protecting access to the North Kona coastline, 3) improving flood control measures, 4) increasing pedestrian safety, 5) ensuring recreational opportunities for both residents of Hawai`i and tourists, and 6) providing for the public health, safety, and welfare, the Kingman Property as described for TMKs: 7 -7 -008: 020, and 031, as shown in the attachment labeled "Exhibit A ", should be acquired by the County pursuant to Chapter 2, Article 42 of the Hawai`i County Code; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Director of Finance is authorized to enter into negotiations with the Lucile P. Kingman Trust for the Kingman Property, specifically those parcels described as TMKs: 7 -7 -008: 020 and 7 -7 -008: 031, pursuant to the terms of this resolution; and BE IT FURTHER RESOLVED that the director of finance is authorized to initiate any funding mechanisms required for the acquisition of the Kingman Property, in accordance with Chapter 2, Article 42, Hawai`i County Code, relating to the Public Access, Open Space, and Natural Resources Preservation Fund and Commission, and possibly including but not limited to funds from private sources, County departments and agencies, general obligation bonds, state and federal grants, Scenic Byways /Corridor funds, Heritage Corridor funds, and /or Office of Hawaiian Affairs funds; and BE IT FURTHER RESOLVED that there shall not be any hunting on these parcels, but trapping may be allowed to remove dangerous or destructive animals; and BE IT FURTHER RESOLVED that the County welcomes individuals, including recognized Kipapa descendants, who are willing to share their expertise and engage with others in an open process to form a new or collaborate with an existing community -based non - profit organization that contains diverse community membership with expertise in economics, education, Hawaiian cultural practices, shoreline management, fundraising, community building, landscaping to include native plants endemic to the region, but not excluding non - native species, and any other necessary skills and who are dedicated to providing input, support, and assistance in maintenance of the Kingman Property and the burials and other cultural resources located therein; and BE IT FURTHER RESOLVED that the Department of Parks and Recreation shall maintain control of and provide for management of this parcel and its facilities and amenities, as this property will be a public resource; and 4 BE IT FURTHER RESOLVED that the Kingman Property includes a portion of the Great Wall of Kuakini which was recommended for preservation on TMK: 7 -7 -08: 031 and the Great Wall of Kuakini shall be preserved in place and buffered by a minimum of 15 feet from the center of the wall on each side or as recommended by the State Historic Preservation Division, whichever distance is greater, before any development occurs; and BE IT FURTHER RESOLVED that prior to any development of these properties, (1) a revised Burial Treatment Plan approved by HIBC and State Historic Preservation Division (SHPD) shall be implemented with all burial sites properly buffered according to the approved Burial Treatment Plan, and (2) the County will have consulted with and given due consideration to the recommendations and input of SHPD recognized Kipapa descendants as to any matters (e.g. buffers, access, signage, landscaping, perpetual care and maintenance, etc.) concerning burials and other significant cultural resources located on these properties; and BE IT FURTHER RESOLVED that the open space, burial preserves, and other park lands of these properties shall be named "Kipapa Park "; and BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Honorable Mayor William Kenoi, the Director of the Department of Finance, the Director of the Department of Parks and Recreation, the Office of Hawaiian Affairs, the Hawai`i County Public Access, Open Space, and Natural Resources Preservation Commission, and the management of the Kailua Village Business Improvement District. Dated at Kona , Hawai`i, this 21st day of September , 2010. INTRODUCED BY: COUNCIL M MBER, COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i ENRIQUES X FORD X hereby certify that the foregoing RESOLUTION was by GREENWELL X the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN X County of Hawaii on September 21, 2010 IKEDA X NAEOLE - BEASON X ATTEST: ONISHI X YAGONG X YOSHIMOTO X 9 0 0 0 Reference: C -884 FC -177 COUNTY CLERK CHAIRMAN & •' SIDING OFFICER RESOLUTION NO. 10 5