HomeMy WebLinkAboutCOM 0122.002 2022-2024 x<vock
Susan L.K. Lee Loy l "', Office: (808)961-8396
1 808
Council Member Fax: ( )965-8912
District 3 '" Email: sue.leeloy@hawaiicounty.gov
A A `I COUNTY COUNCIL
25 Aupuni Street,Hilo,Hawaii 96720
DATE: March 7, 2023 0;t
TO: Heather Kimball, Council Chair; and
Members of the Hawaii County Council
FROM: Susan L.K. Lee Loy, Council M
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 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 pfiaf4y nunabef 2,] of a
conservation easement as submitted by the Commission in its 2021 Annual Report to the
Mayor dated December 10, 2021; and"
Comm. No.
—p Tos_ An
Ref. ®ots MA m..7 2023
Hawai'i County Is an Equal Opportunity Provider and Employer
i
i
I
3. The sixth WHEREAS clause is amended to read as follows:
i
"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 avi%er-of the siibjeet pfopeffies is willing to sell these pafeels te the
Gaun�y of Hawai'fl
EAS,
ice] Hui Ho`oleimaluo acquired Kaumaui in February 2021 and has
signified its support to work with the County 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 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 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.
2
I
i
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INT
NEGOTIATIONS FOR THE ACQUISITION OF A CONSERVATION EASEMENT OF
TAX MAP KEYS (3)2-1-018:006, 007,AND 010 SITUATED IN THE DISTRICT OF
SOUTH HILO, ALSO KNOWN AS KAUMAU1, UTILIZING THE 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,
of the Hawaii County Code 1983 (2016 Edition, as amended) (hereinafter"the Code"); and
7
WHEREAS, Section 2-2141(c) of the Code provides that the Public Access, Open
Space, and Natural Resources Preservation Fund shall be used for acquiring lands or property
E
entitlements in the County of Hawaii for the following purposes: j
"(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
k
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 fi
"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
3
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 to establish this conservation easement; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAIII 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 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 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.
4