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Home My WebLink AboutRES 494 Draft 02 2020-2022 sNTYr°�•'�,a�, s COUNTY OF C ��' n z. STATE OF HAWAII �T�•OFNhtl� SOLUTION NO. 494 22 (DRAFT 2) A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO NEGOTIATE A LONG-TERM LEASE OF APPROXIMATELY 1,000 ACRES OF COUNTY-OWNED, AGRICULTURAL-ZONED LANDS,BEING TAX MAP KEYS: 4-2-005:001 AND 4-2- 005:005, KOHOLALELE, HAMAKUA, HAWAII, WITH HUI MALAA I KE ALA `ULILI, PURSUANT TO CHAPTER 2,ARTICLE 19, SECTIONS 2-114 AND 2-120, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED). WHEREAS, the County of Hawaii is the owner of certain agricultural-zoned lands located in Koholalele, Hamdkua, Hawaii, identified as Tax Map Keys: 4-2-005:001 and 4-2- 005:005, comprising a total of approximately 1,000 leasable acres; and WHEREAS, in 1994, the Council of the County of Hawaii agreed to accept these lands via Resolution No. 232-94 and by Commissioner's Quitclaim Deed as a settlement agreement with Western Farm Credit Bank for retroactive real property taxes owed for lands used by Hamdkua Sugar Company, Inc.; and WHEREAS, Koholalele is a wahi pana(storied place) with abundant `diva(land, earth) that historically provided sustenance and functioned as a safe place of refuge and learning for the community of Hamdkua; and WHEREAS, Koholalele, today, provides a unique opportunity for keiki, through kupuna, to engage in `aina stewardship, cultural practices, and land restoration within the various environmental zones of the traditional ahupua`a(land division usually extending from the uplands to the sea) boundaries of Koholalele, using Native Hawaiian ancestral practices and data sciences; and WHEREAS, the 2018 Hamdkua Community Development Plan prioritizes the protection and restoration of natural and cultural resources in the Hamdkua region, such as watershed systems and agricultural lands, and encourages community-based collaborative management to address current and future needs relating to climate change resiliency, food security, ecosystem restoration, and community-led economic development; and WHEREAS, Hui litlalama i ke Ala `Ulili is a community-based 501(c)(3) charitable organization founded in 2015 whose mission is to reestablish the ecosystems that sustain the community through place-based educational initiatives and `aina-centered practices that cultivate abundance, regenerate responsibilities, and promote collective health and well-being; and WHEREAS, Chapter 2, Article 19, Section 2-114(c), of the Hawaii County Code 1983 (2016 Edition, as amended), provides in pertinent part that real property may be sold or leased through negotiation upon a finding by the Council that the public interest demands it, and also upon approval of the minimum conditions and selection criteria of the Council; and WHEREAS, Chapter 2, Article 19, Section 2-120(a)(2), of the Hawaii County Code 1983 (2016 Edition, as amended), provides in pertinent part that the Council may, by resolution approved by a majority of its members, direct the Director of Finance to negotiate the disposition of real property by leasing it to a nonprofit organization, at such rentals and on such terms and conditions as deemed proper; and WHEREAS, Chapter 2, Article 19, Section 2-120(b), of the Hawaii County Code 1983 (2016 Edition, as amended), provides such lease of real property to nonprofit organizations may be made without notice or appraisal as required in Chapter 2, Article 19; and WHEREAS,the Council finds that these lands are appropriate to be leased by negotiation for the purposes of`aina stewardship, Native Hawaiian farming and gathering practices, regenerative agroforestry, and diversified agro-ecological systems, which would fall within the goals and objectives of the Hamakua Community Development Plan while also benefiting the County, tenant(s), and the community; and WHEREAS, the Council does not wish for these lands to remain idle and become overgrown and susceptible to fire hazards; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to Chapter 2, Article 19, Sections 2-114(c) and 2-120(a)(2), of the Hawaii County Code 1983 (2016 Edition, as amended), the Council hereby finds that it is in the public's interest that all or a portion of approximately 1,000 acres of Hdmakua land as described herein shall be leased by negotiation. 2 BE IT FURTHER SOLVE that the Council authorizes the Director of Finance to negotiate a long-term lease with Hui Mdlama i ke Ala `Ulili without notice or appraisal pursuant to Chapter 2, Article 19, Section 2-120, of the Hawaii County Code 1983 (2016 Edition, as amended). BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said lease agreement on behalf of the County of Hawaii following its approval by the Council as noted herein. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Mayor Mitchell D. Roth,the Director of Finance, and Hui Mdlama i ke Ala `Ulili. Dated at , Hawai`i, this day of , 20 INTRODUCED BY: r COUNCIL MEMBER,, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii CHUNG DAVID I hereby certify that the foregoing RESOLUTION was by INABA the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER County of Hawaii on KIERKIEWICZ LEE LOY ATTEST: RICHARDS KIMBALL VILLEGAS Reference: C-918.2/FC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 494 22 3