HomeMy WebLinkAboutRES 351 Draft 01 2012-2014 (-",30r-,944:,.
COUNTY OF HAWAII -+f.��" / STATE OF HAWAII
RESOLUTION NO. 351 14
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF THE KA`U PARCELS WITH TMKS:
9-5-011:001, 9-5-011:004, 9-5-011:005, and 9-5-011:006 IN THE AHUPUA'A OF
KAUNAMANO; AND TMK: 9-5-012:001 IN THE AHUPUA'A OF POUPOUWELA,
PURSUANT TO CHAPTER 2, ARTICLE 42,HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED).
WHEREAS, EWN Enterprises LP owns five distinct parcels totaling approximately
1,264.395 acres in the District of Ka`u located between mile marker 61 and 64 near the Hawai`i
Belt Road (Mamalahoa Highway 11), hereinafter referred to as the "Kaunamano properties."
The properties consist of:
TMK Ahupua'a Acres
9-5-011:001 Kaunamano 680.180
9-5-011:004 Kaunamano 200.000
9-5-011:005 Kaunamano 0.18
9-5-011:006 Kaunamano 0.64
9-5-012:001 Poupouwela 383.395
Total Acreage 1,264.395
WHEREAS, Chapter 2, Article 42, Hawai`i County Code, provides for a Public Access,
Open Space, and Natural Resources Preservation Fund; and
WHEREAS, Section 2-215, Hawai`i County Code, sets out provisions for a Public
Access, Open Space, and Natural Resources Preservation Commission (hereinafter
"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, Communication No. 168, dated February 21, 2013, from Mayor William P.
Kenoi, transmitted the 2012 Annual Report of the Commission, pursuant to Section 2-218(a) of
the Hawai`i County Code; and
WHEREAS, the 2012 Annual Report of the Commission cited the purchase of the
Kaunamano properties as a key priority, ranking this property as the number four priority for
acquisition; and
WHEREAS, the Hawai`i County General Plan, Section 8.2,Natural Resources and
Shoreline, 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 Hawaii's unique, fragile, and significant
environmental and natural resources.
(e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and
natural areas."; and
WHEREAS, the Hawai`i County General Plan, Section 8.3, Policies, states, in pertinent
part:
"(i) Encourage an overall conservation ethic in the use of Hawaii's resources by
protecting, preserving, and conserving the critical and significant natural
resources of the County of Hawaii.
(j) Encourage the protection of watersheds, forest, brush, and grassland from
destructive agents and uses.
(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,the Kaunamano properties, which are makai of the Mamalahoa Highway to
the coastline, contain four miles of coastline mostly used by campers, fishermen, and opihi
pickers for recreational and subsistence purposes. Additional resources include lua and moa.
Native plants include `akuikuli (sea purslane) and `ilima near the shoreline; and
WHEREAS,the windy coastline has almost constant breezes and has been considered a
prime area for electricity production from windmills and the Kaunamano area is used by
recreational kite fliers on a regular basis; and
WHEREAS,the northern-most portion of the properties abuts Honu'apo Bay; and
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WHEREAS, in 2004, Haun & Associates conducted an Archaeological Inventory Survey
of the Kaunamano properties and identified 444 sites with more than 3,900 features including
enclosures, mounds, platforms, walls, salt pans, walled terraces, trails, petroglyphs, papamu
(playing board), heiau, and a refuge cave, ceremonial sites, and 28 burial sites with another 13
probable 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, the Kaunamano properties include a World War II era firing range and
representative portions of a railroad grade as well as a prominent stone railroad trestle, which
may appeal to residents and visitors; and
WHEREAS, the Hawai`i County General Plan, Section 6.3(d). Historic Sites, states, in
pertinent part: "Public access to significant historic sites and objects shall be acquired, where
appropriate."; and
WHEREAS, the Hawai`i County General Plan, Section 12.3, Recreation, 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
island-wide route connecting major parks and destinations.
(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, these properties are currently offered for sale and listed privately with a real
estate broker, with an asking price of$10,800,000; and
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WHEREAS, in the interest of 1) preservation of cultural and natural resources, 2)
increasing pedestrian walking trails and possibly preserving portions of the Ala Loa(Ala
Kahakai Trail), 3) assisting the National Park Service in re-establishing the Ala Loa , 4)
providing open space, 5) ensuring recreational opportunities for both residents of Hawai`i and
tourists, and (6)preserving the historical character of Ka`u, the Kaunamano properties should be
acquired by the County; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Director of Finance is authorized to enter into negotiations for the acquisition of the Kaunamano
properties as described above pursuant to the terms of this resolution.
BE IT FURTHER RESOLVED that the Director of Finance is authorized to initiate any
funding mechanisms required for the acquisition of the Kaunamano properties, 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 may utilize any other funds from any
other sources, private or governmental, as said funding is available.
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.
BE IT FURTHER RESOLVED that the Department of Parks and Recreation shall
maintain control of and provide for management of the Kaunamano properties.
BE IT FURTHER RESOLVED that prior to any development of these properties, (1) a
revised Burial Treatment Plan approved by HIBC and the 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 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.
BE IT FURTHER RESOLVED that the County or another designated entity outside of
the County shall pay for a biological study specifically to determine if endangered species exist
on the property and appropriate mechanisms (buffering) to protect such endangered species on
the land are implemented. The County shall request that the State Department of Land and
Natural Resources conduct a marine study in the adjacent ocean waters to determine if there is a
need to protect any species on the shoreline and in the ocean.
BE IT FURTHER RESOLVED that upon acquisition of the Kaunamano Properties, the
County Council will consider a bill for an ordinance to add this property to the Parks and
Recreational facility schedule as codified in Section 15-68.1 of the Hawai`i County Code, and
that this park will be named the "Kaunamano-Honu'apo Park."
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BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to the Honorable Mayor William Kenoi, the Director of Finance, the Director of the
Department of Parks and Recreation,the Hawai`i State Department of Land and Natural
Resources, the Hawai`i State Office of Hawaiian Affairs, and the Hawai`i County Public Access,
Open Space, and Natural Resources Preservation Commission.
Dated at , Hawai`i, this day of , 20 .
INTRODUCED BY:
COUNCIL MEMB R, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii EOFF
FORD
I hereby certify that the foregoing RESOLUTION was by ILAGAN
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawai`i on
KERN
ONISHI
ATTEST: POINDEXTER
WILLE
YOSHIMOTO
Reference: C-763/FC
COUNTY CLERK CHAIRMAN&PRESIDING OFFICER RESOLUTION NO. 351 14
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