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Home My WebLink AboutRES 161 Draft 01 2020-2022A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/ OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEYS (3) 9-4-001:008, 009, 016, 017, AND 023, SITUATED IN THE AHUPUA‘A OF KIOLAKA‘A AND WAI‘OMA‘O, DISTRICT OF KA‘Ū, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. WHEREAS, the Hawaiʻi County Charter, Section 10-15, and Chapter 2, Article 42 of the Hawai‘i County Code 1983 (2016 Edition, as amended) (hereinafter “the Code”), establishes a Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, the Hawai‘i County Charter, Article X, Financial Procedures, Section 10-15(c) provides as follows: “(c) Monies in this fund shall be used solely to: (1) Purchase or otherwise acquire lands and easements in the County of Hawai‘i for public outdoor recreation and education, including: (A) Access to beaches and mountains; (B) Preservation of historic or culturally important land areas and sites; (C) Protection of natural resources, significant habitat or eco-systems, including buffer zones; (D) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (E) Protection of watershed lands to preserve water quality and water supply.”; and WHEREAS, Section 2-217 of the Code provides, in part, that the duties and responsibilities of the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter “the Commission”) include developing and submitting to the Mayor an initial prioritized list of qualifying lands worthy of preservation and updating the list annually by December 31 of each year; and WHEREAS, the Kiolaka‘a Property, consisting of approximately 1,841 acres, is ranked the second highest priority for acquisition in the Commission’s 2020 Annual Report to the Mayor dated December 16, 2020 (see “Exhibit A”, attached hereto); 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 … lands where matching funding is available to leverage the County contribution.”; and WHEREAS, the Ala Kahakai Trail Association is a nonprofit community-based management and stewardship organization committed to the perpetuation and protection of cultural and natural resources for the Ka‘ū community and has secured positive recommendation from the State of Hawai‘i Legacy Land Conservation Commission and Board of Land and Natural Resources approval for a Legacy Land Conservation Grant Award in the amount of $1,475,000 to purchase the Kiolaka‘a Property and manage, protect and sustain its historical significance, unique cultural resources and natural environment for the residents of Ka‘ū and Hawai‘i island; and WHEREAS, the Kiolaka‘a Property is an exceptional cultural, environmental, and natural landscape that contains portions of the ancient Kamakalepo settlement, the Lua Nunu cave system, an intact native dryland forest, an extensive ancient trail network, native coastal plants, the Kapenako fresh water spring, a complex of anchialine pools, and the eastern shoreline of Ka‘alu‘alu Bay, a popular spot for fishing, diving, gathering, surfing, and camping; and WHEREAS, the acquisition of title or conservation easement(s) for the Kiolaka‘a Property would be significantly beneficial to the County of Hawai‘i and our island community as a method of preserving history specific to the ahupua‘a of Kiolaka‘a as follows: (1) protecting cultural and natural resources; (2) preserving native dryland forests, native coastal plants, fresh water springs, and anchialine ponds; (3) preserving portions of the ala loa or Ala Kahakai National Historic Trail; (4) protecting important agricultural lands; (5) facilitating responsible managed public access; (6) enabling community-based management and stewardship; and (7) maintaining the rural lifestyle and historical character of Ka‘ū; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that, pursuant to Chapter 2, Article 42 of the Hawai‘i County Code, the Director of Finance is hereby authorized to enter into negotiations for the acquisition of lands and/or conservation easement(s) for all or a portion of the properties identified as tax map key numbers (3) 9-4-001:008, 009, 016, 017, and 023 situated in the ahupua’a of Kiolaka‘a and Wai‘oma‘a, District of Ka’u, utilizing 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 lands or conservation easement(s) for all or a portion of the Kiolaka‘a Property, in accordance with the terms of this resolution. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to Honorable Mayor Mitchell D. Roth; the Director of the Department of Finance; the State of Hawai‘i Department of Land and Natural Resources; the State of Hawai‘i Office of Hawaiian Affairs; and the County of Hawai‘i 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.