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HomeMy WebLinkAboutRES 415 Draft 01 2020-2022A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LAND OR A CONSERVATION EASEMENT FOR PROPERTY IDENTIFIED AS TAX MAP KEY NO. (3) 8-7-001:002 SITUATED IN THE AHUPUA‘A OF KA‘OHE AND KNOWN AS WAI‘OHE, DISTRICT OF SOUTH KONA, 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 1015(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 Wai‘ohe Property in the ahupua‘a of Ka‘ohe consisting of approximately 220 acres of land, is included on the prioritized list of lands to be considered for acquistion as priority number 15, as recommended by the Commission in its 2021 Annual Report to the Mayor dated December 10, 2021 (see “Exhibit A”, attached hereto); and WHEREAS, the ahupua‘a of Ka‘ohe is the habitat for two endangered species, the Hawaiian Hawk and the Hawaiian Hoary Bat as well as being a habitat for numerous endemic bird and plant species; and WHEREAS, the acquisition of title or conservation easement for the Wai‘ohe 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 Ka‘ohe, which is known to have healthy, vibrant, old growth ‘Ōhi‘a, some of which are estimated to be 600 to 800 years old; 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 land or a conservation easement for property identified as tax map key (3) 8-7-001:002 situated in the district of South Kona, also known as Wai‘ohe, 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 land or a conservation easement for property identified as tax map key (3) 8-7-001:002 situated in the district of South Kona, also known as Wai‘ohe, 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 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.