HomeMy WebLinkAboutRES 494 Draft 03 2020-2022 COUNTY OF G + s. STATE OF G
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SOLUTION NO. 494_
(RAFT
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO NEGOTIATE A
SEVENTY-FIVE YEAR 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 MALAMA I KE
ALA `ULILI, PURSUANT TO CHAPTER 2,ARTICLE 19, SECTIONS 2-114 AND 2-1201
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, Hamakua, 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
Hamakua Sugar Company, Inc.; and
WHEREAS, Koholalele is a wahi pana(storied place) with abundant `aina(land, earth)
that historically provided sustenance and functioned as a safe place of refuge and learning for the
community of Hamakua; 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 Hamakua Community Development Plan prioritizes the protection
and restoration of natural and cultural resources in the Hamakua 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 Malama i ke Ala `01ili 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(a), 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(a) 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 Hamakua land as described herein shall be
leased by negotiation.
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BE IT FURTHER RESOLVED that the Council authorizes the Director of Finance to
negotiate a seventy-five year lease with Hui Malama i ke Ala `Ulili without notice or appraisal
pursuant to Chapter 2,Article 19, Section 2-120, of the Hawai`i 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 Hawai`i 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 Malama i
ke Ala `Ulili.
Dated at Hilo , Hawai`i,this 7th day of September , 2022 .
INTRODUCED BY:
C CIL MEMB R, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER X
County of Hawai`i on September 7, 2022.
KIERKIEWICZ X
KIMBALL X
ATTEST: LEE LOY X
RICHARDS X
VILLEGAS X
7 0 2 0
,�� Reference:
C-918.7/FC-186
CO ►E RK ERSON PRE ING OFFICER RESOLUTION NO. 494 22
(DRAFT 3)
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