HomeMy WebLinkAboutRES 141 Draft 01 2022-2024
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF A CONSERVATION EASEMENT OF TAX MAP KEY (3) 7-6-004:003 SITUATED IN THE DISTRICT OF
NORTH KONA, ALSO KNOWN AS HISTORIC 88 TEMPLES WALK, 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 Hawai‘i
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 Hawai‘i 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, Historic 88 Temples Walk is included on the prioritized list of lands to be considered for an acquisition of a conservation easement as priority number 7, as submitted by the
Commission in its 2022 Annual Report to the Mayor dated December 23, 2022 (see “Exhibit A”, attached hereto); and
WHEREAS, Historic 88 Temples Walk, located in the district of North Kona, is approximately 2.488 acres and is significant to the County of Hawai‘i for the following reasons:
Acquisition of a conservation easement would include a safe walking path and pedestrian access to public venues and other destinations in Hōlualoa Village; and
Acquisition of a conservation easement would provide opportunity for community involvement through recreation, education in “an outdoor classroom”, and social interaction; and
Acquisition of a conservation easement would facilitate the restoration of the historic walls, walk/pathway, and Shikoku Pilgrimage Monument; and
WHEREAS, the owner of the subject property is willing to participate in the conservation easement process; 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 a conservation easement of tax map key (3) 7-6-004:003, also known as Historic 88 Temples Walk, located in Hōlualoa Village in the district of North Kona, 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 key (3)
7-6-004:003 situated in the district of North Kona, also known as Historic 88 Temples Walk, 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.
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
EVANS
GALIMBA
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
KAGIWADA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
LEE LOY
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.