HomeMy WebLinkAboutCOM 0122.001 2022-2024 Susan L.K. ee Loy 40° Office: (808)961-8396
Council Member ''' Fax: (808)965-8912
District 3 '� Email: sue.leeloy@hawaiieounty.gov
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HAWAVI COUNTY COUNCIL
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25 Aupuni Street,Hilo,Hawaii 96720m
DATE: March 7, 2023
TO: Heather Kimball, Council Chair; and
Members of the Hawaii County Co
FROM: Susan L.K. Lee Loy, Council
SUBJECT: Proposed Amendments to Resolution No. 60-23; A Resolution authorizing the
Director of Finance to enter into negotiations for the acquisition of Tax Map Keys
(3)2-1-018:006, 007, and 010 situated in the District of South Hilo, also known
as Kaumaui,utilizing the Public Access, Open Space, And Natural Resources
Preservation Fund.
Please find attached proposed amendments to Resolution No. 60-23. The proposed amendments
are illustrated below in Ramseyer format with respect to the contents of Resolution No. 60-23,
(material to be deleted is bracketed and stricken;material to be added is underscored).
1. The title is amended to read as follows:
"A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER
INTO NEGOTIATIONS FOR THE ACQUISITION OF A CONSERVATION
EASEMENT OVER A PORTION OF TAX MAP KEYS (3) 2-1-018:006, 007,AND
010 SITUATED IN THE DISTRICT OF SOUTH HILO,ALSO KNOWN AS
KAUMAUI, UTILIZING THE PUBLIC ACCESS, OPEN SPACE,AND
NATURAL RESOURCES PRESERVATION FUND."
2. The fifth WHEREAS clause is amended to read as follows:
"WHEREAS, Kaumaui, as shown on the picture and maps depicting its location and
attached hereto by reference as "Exhibit A", is included as priority number 2 on the
prioritized list of lands to be considered for an acquisition [as,,r-iefity,,,,,,, e f 2,] of a
conservation easement as submitted by the Commission in its 2021 Annual Report to the
Mayor dated December 10, 2021; and"
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Hawai i County Is an Equal Opportunity Provider and Employer Ref. Date�A t 2
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3. The sixth WHEREAS clause is amended to read as follows:
"WHEREAS, Kaumaui, located in the district of South Hilo, is approximately 3.02 acres
and is significant to the County of Hawaii for the following reasons:
(1) Acquisition of a conservation easement would preserve, restore, and revitalize
loko wai and anchialine ponds; and
(2) Acquisition of a conservation easement would provide learning space and
volunteer opportunities to build community capacity, share cultural values, and
develop sustainable practices for the future[.]; and"
4. The seventh WHEREAS clause is amended to read as follows:
"WHEREAS, [the ownef of the s*eet pfope.—ties is willing to sell these pafeels to the
County Of ice] Hui Ho`oleimalu6 acquired Kaumaui in February 2021 and has
signified its support to work with the County and the Hawaii Island Land Trust to
establish this conservation easement; now, therefore,"
5. The Enacting Clause is amended to read as follows:
"BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII 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 a conservation easement over a portion of tax map
keys (3) 2-1-018:006, 007, and 010 situated in the district of South Hilo, also known as
Kaumaui, utilizing the Public Access, Open Space, and Natural Resources Preservation Fund."
6. The BE IT FURTHER RESOLVED clause is amended to read as follows:
"BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to
initiate any funding mechanisms required for the acquisition of a conservation easement over a
portion of tax map keys (3) 2-1-018:006, 007, and 010 situated in the district of South Hilo, also
known as Kaumaui, in accordance with the terms of this resolution."
A draft copy of Resolution No. 60-23 is attached with these proposed amendments incorporated
therein.
Thank you.
SL:sc
Att.
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A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTERINT
NEGOTIATIONS FOR THE ACQUISITION OF A CONSERVATION EASEMENT
OVER A PORTION OF TAX MAP KEYS (3) 2-1-018:006, 007,AND 010 SITUATED IN
E DISTRICT OF SOUTH HILO,ALSO KNOWN AS KAUMAUI, UTILIZING THE j
PUBLIC ACCESS, OPEN SPACE,AND NATURAL RESOURCES PRESERVATION
FUND.
WHEREAS, in 2005, the Public Access, Open Space, and Natural Resources
Preservation Fund was established by Ordinance No. 05-85, as codified in Chapter 2, Article 42, j
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 Public Access, Open
Space, and Natural Resources Preservation 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, Kaumaui, as shown on the picture and maps depicting its location and
attached hereto by reference as "Exhibit A", is included as priority number 2 on the prioritized
list of lands to be considered for an acquisition of a conservation easement, as submitted by the
Commission in its 2021 Annual Report to the Mayor dated December 10, 2021; and
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WHEREAS, Kaumaui, located in the district of South Hilo, is approximately 3.02 acres
and is significant to the County of Hawaii for the following reasons:
(1) Acquisition of a conservation easement would preserve, restore, and revitalize loko
wai and anchialine ponds; and
(2) Acquisition of a conservation easement would provide learning space and volunteer
opportunities to build community capacity, share cultural values, and develop
sustainable practices for the future; and
WHEREAS, Hui Ho`oleimalu6 acquired Kaumaui in February 2021 and has signified its
support to work with the County and the Hawaii Island Land Trust to establish this conservation
easement; now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII 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 a conservation easement over a portion of tax map
keys (3) 2-1-018:006, 007, and 010 situated in the district of South Hilo, also known as
Kaumaui, 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 a conservation easement over a
portion of tax map keys (3) 2-1-018:006, 007, and 010 situated in the district of South Hilo, also
known as Kaumaui, 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 the Department of Finance;
and the Public Access, Open Space, and Natural Resources Preservation Commission.
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Exhibit
PRIORITY #2: KAUMAUI
(94.222%)
TMK Nos. (3) 2-1-018:006, 007, and 010, consisting of approx. 3.02 acres of the
Waiakea ahupua'a in the District of South Hilo, Hawaii
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Kaumaui is unique for its' natural resources; the loko wai (fresh water ponds) and anchialine
ponds which contains many endemic species. Purchase of a Conservation Easement (CE) will
ensure permanent protection of the 'aina and loko, and provide environmental, educational and
cultural benefits and a sense of place for the community.
Anticipated Use
• Preservation, restoration and revitalization of loko wai and anchialine ponds.
• 'Aina-based learning space and volunteer opportunities to build community capacity,
share cultural values and develop sustainable practices for the future.
Significance and Management
• Site of an onshore landmark for one of three 7ko'a or ko'a ahi (ahi fishing shrine).
• Strong support from the community, various organizations and agencies. Kamehameha
Schools, Edith Kanaka'ole Foundation, Ka 'Umeke Ka'eo PCS, Ke Ana La'ahana,
Hawaii Community College, University of Hawai'i at Hilo and Hui Malama Loko I'a of
KUA have been identified with the interest and capacity to provide resources.
• Unique opportunity to work with landowner and partner, Hui Ho'oleimaluo's generational
commitment to the stewardship and care of Kaumaui.
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Special Opportunity for Acguisition
• Hui Ho`oleimalub acquired Kaumaui in February 2021 and is willing to
participate in the PORK process.
• Hawai'i Land Trust will be co-holders of the CE with the County of Hawaii.
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