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-4 0 o COUNTY OF HAWAIII STATE OF HAWAIII RESOLUTION NO. 170 '21 (DRAFT 22) WHEREAS, in 2005, the Public Access, Open Space, and Natural Resources Preservation Fund (hereinafter "the Fund") was established by Ordinance No. 05-85, as codified in Chapter 2, Article 42, of the Hawaii County Code 1983 (2016 Edition, as amended) (hereinafter "the Code"); and WHEREAS, Section 2-214.1(c) of the Code provides that the Fund shall be used for acquiring lands or property entitlements in the County of Hawaii 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, acquisition of Wai'ele would be significant to the County of Hawaii for the following reasons: Preservation of historic and culturally important lands and sites that promote the perpetuation of native Hawaiian culture, tradition, and customary practices;