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HomeMy WebLinkAboutRES 081 Draft 01 2020-2022 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY (3) 7-7-004:063 SITUATED IN THE DISTRICT OF NORTH KONA, ALSO KNOWN AS MAGIC SANDS OF LA‘ALOA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. WHEREAS, in 2005, the Public Access, Open Space, and Natural Resources Preservation Fund was established by Ordinance No. 05-85, as codified in Chapter 2, Article 42, of the Hawai‘i County Code 1983 (2016 Edition, as amended) (hereinafter “the Code”); 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 entitlements in the County of Hawai‘i for the following purposes: “(1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply”; and WHEREAS, Section 2-217 of the Code provides, in part, that a duty and responsibility of the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter “the Commission”) is to develop and submit to the Mayor an initial list of qualifying lands worthy of preservation and to update the list at any time, but at least annually by December 31 of each year; and WHEREAS, Section 2-218(a) of the Code provides, in pertinent part, that: “The council shall, by resolution, select the land or lands to be preserved…” and “[w]here there are multiple lands under consideration at any one time, priority shall be given to coastal lands…”; and WHEREAS, Magic Sands of La‘aloa is shown on a map depicting its location and attached hereto by reference as Exhibit “A”, is included on the prioritized list of lands to be considered for acquisition as priority number 15, as submitted by the Commission in its 2020 Annual Report to the Mayor dated December 16, 2020; and WHEREAS, Magic Sands of La‘aloa , located in the district of North Kona, is approximately 8.814 acres and is significant to the County of Hawai‘i for the following reasons: Acquisition would preserve historic and culturally important lands and sites that promote preservation and perpetuation of native Hawaiian culture, tradition, and customary practices; and Acquisition would protect flood plains that are a threat to the public beaches; and Acquisition would preserve and teach the “living history” of this parcel which currently remains untouched and intact and therefore depicts how native Hawaiians lived and farmed in their natural surroundings.; and WHEREAS, the owner of the subject property is willing to sell the parcel to the County of Hawai‘i; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that pursuant to Chapter 2, Article 42 of the Code, the Director of Finance is hereby authorized to enter into negotiations for the acquisition of tax map key (3) 7-7-004:063 situated in the district of North Kona, also known as Magic Sands, utilizing the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of tax map key (3) 7-7-004:063 situated in the district of North Kona, also known as Magic Sands of La‘aloa, 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 Mitchell D. Roth, Mayor; the Director of the Department of Finance; and the Public Access, Open Space, and Natural Resources Preservation Commission. Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I COUNTY COUNCIL County of Hawai‘i Hilo, Hawai‘i ROLL CALL VOTE    AYES NOES ABS EX   CHUNG       DAVID       I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai‘i on _____________________________________. INABA       KĀNEALI‘I-KLEINFELDER       KIERKIEWICZ       KIMBALL      ATTEST: LEE LOY       RICHARDS       VILLEGAS              Reference:  COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.