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C}UNTY OF HAWAI`I :. STATE OF I-IAWAPI
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RESOLUTION NO. 1 2 3
(DRAFT 2)
A RESOLUTION EXPRESSING GRATITUDE TO GOVERNOR JOSH GREEN, M.D., FOR
ISSUING ANEMERGENCY PROCLAMATION RELATING TO THE PROPERTY
FORMERLY KNOWN AS UNCLE BILLY'S HILO BAY HOTEL AND URGING THE
DEPARTMENT OF LAND AND NATURAL RESOURCES TO COMMUNICATE THE
CRITICAL PATHWAY AND TIMELINE TO ENSURE EFFICIENT IMPLEMENTATION
AND COORDINATION WITH THE COUNTY.
WHEREAS, the former Uncle Billy's Hilo Bay Hotel, comprised of approximately 1.83
acres, is located on State of Hawaii land under the jurisdiction of the Department of Land and
Natural Resources (DLNR), situated at Waidkea, South filo, Hawaii, identified by Tax Map Keys:
(3) 2-1-005:033, 034, 035, and 045; and
WHEREAS, in June 2017, then Board of Land and Natural Resources (BLNR) Chair,
Suzanne Case, in an official media release regarding the closure of the property noted, "the Board has
kept a close eye on this property over two years and prepared a report on its condition. Recognizing
this building was at the end of its useful life and out of an abundance of caution, we are taking these
steps now to close this chapter and prepare for a new phase of revitalization of Banyan Drive"; and
WHEREAS, matters related to properties located at the Banyan Drive Peninsula, under the
jurisdiction of DLNR, have appeared on the agenda of the BLNR approximately 29 times from
January 2018 to July 2023; and
WHEREAS, for the past six years, Hawaii legislators representing the area have attempted
to collaborate with DLNR and BLNR to address concerns regarding the deplorable conditions of the
former Uncle Billy's Hilo Bay Hotel and other State-owned properties located within the Banyan
Drive Peninsula; and
WHEREAS,the former Uncle Billy's Hilo Bay Hotel has experienced numerous fires,
squatters, illegal activity, and security issues that have disrupted the surrounding community and
diverted precious resources since hotel services ceased in June 2017; and
WHEREAS, according to data supplied by the Hawaii Police Department, attached hereto as
Exhibit A, officers responded to 6,479 calls for service/incidents in the area commonly known as
Banyan Drive Peninsula from September 2018 to April 2023, and based on a two-officer response,
the estimated cost for responding to these calls ranges from $319,000 to $459,000, depending on the
officers' rank; and
WHEREAS, according to data supplied by the Hawaii Fire Department, attached hereto as
Exhibit B, fire personnel responded to 946 calls for service/incidents in the Banyan Drive Peninsula
area from May 2018 to May 2023, and based on a conservative estimate,the cost for responding to
these calls is approximately $122,000; and
WHEREAS, a significant number of these calls for service/incidents involved activities
occurring on or near the premises of the former Uncle Billy's Hilo Bay Hotel and its adjacent parking
lot, which have adversely affected the public safety and welfare of the surrounding properties and
community; and
WHEREAS, the hazardous conditions at the former Uncle Billy's Hilo Bay Hotel pose a
serious and imminent threat to the health, safety, and welfare of the people of Hawaii County and
require immediate action to mitigate the risks; and
WHEREAS, Section 127A-14(a), Hawaii Revised Statutes (HRS), states that the governor
may declare the existence of a state of emergency in the State by proclamation if the governor finds
that an emergency or disaster has occurred or that there is imminent danger or threat of an emergency
or disaster in any portion of the State; and
WHEREAS, Section 127A-13(x)(3), HRS, grants the governor, in an emergency period,the
power to suspend any law that impedes or tends to impede or be detrimental to the expeditious and
efficient execution of, or to conflict with, emergency functions; and
WHEREAS, the County of Hawaii Banyan Drive Hawaii Redevelopment Agency was
established to develop a comprehensive plan for the redevelopment of Banyan Drive Peninsula and to
facilitate public-private partnerships for implementation of the plan; and
WHEREAS,the redevelopment of Banyan Drive Peninsula is vital for the economic recovery
and resilience of Hawaii County, and an emergency proclamation would allow for the removal of
blighted properties that create hazardous conditions and pose a risk to the community, such as the
former Uncle Billy's Hilo Bay Hotel; and
WHEREAS,the office of Council District 3 will commit to facilitating up to two listening
sessions with the Banyan Drive stakeholders and responding service-provider agencies to gather
information to assist DLNR as they update their strategic assessment for the Banyan Drive Peninsula;
now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it hereby
expresses its sincere gratitude to Governor Josh Green, M.D., for issuing an emergency proclamation
on July 18, 2023, pursuant to Chapter 127A, HRS,to provide relief for damages, losses, and suffering
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and to protect the health, safety, and welfare of the people affected by the ongoing hazardous
conditions at the property identified by Tax Map Keys: (3) 2-1-005: 033, 034, 035, and 045, formerly
known as Uncle Billy's Hilo Bay Hotel.
BE IT FURTHER RESOLVED that the Council hereby urges DLNR Chair, Dawn Chang,
to communicate the critical pathway, timeline, and responsibilities of stakeholders to ensure efficient
implementation and coordination with the County of Hawai`i.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution
to the Honorable Governor Josh Green, M.D.; the Honorable Senator Lorraine R. Inouye; the
Honorable Representative Mark M. Nakashima; the Honorable Representative Richard H. K. Onishi;
the Honorable Representative Chris Todd; Chairperson Dawn N. S. Chang, Department of Land and
Natural Resources; Deputy Director Laura Hokunani Edmunds Ka`akua, Department of Land and
Natural Resources; the Honorable Mayor Mitchell D. Roth; Chief of Police Benjamin Moszkowicz;
Fire Chief Kazuo Todd; Planning Director Zendo Kern; Housing Administrator Susan Kunz; Banyan
Drive Hawai`i Redevelopment Agency; Friends of Lili`uokalani Gardens; Friends of Historic Banyan
Drive; East Hawai`i Outdoor Circle; and Banyan Drive Business Association.
Dated at Kona , Hawai`i, this 26th day of July , 20 23 •
INTRODUCED BY:
41, 400111IP
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MEMBER, CO 11-1AWAI I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii EVANS X:
GALIMBA X
I hereby certify that the foregoing RESOLUTION was by INABA X
the voteby
adopted hereof right to the indicated the COUNCIL of the
County of Hawaii on July 26, 2023 KAGIWADA X
KANEALI`I-KLEINFELDER X
KIERKI E W ICZ X
ATTEST: KIMBALL X
LEE LOY X
VILLEGAS X
7 0 2v 0
IP! _ A , ' ,,e
Reference: C-339.14/GOEAC-56
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• NTY CLERK , f ERSON&PRES DING OFFICER RESOLUTION NO. 199 23
(DRAFT 2)
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