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Home My WebLink AboutRES 199 Draft 02 2022-2024A RESOLUTION EXPRESSING GRATITUDE TO GOVERNOR JOSH GREEN, M.D., FOR ISSUING AN EMERGENCY 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 Hawai‘i land under the jurisdiction of the Department of Land and Natural Resources (DLNR), situated at Waiākea, South Hilo, Hawaiʻi, 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, Hawai‘i legislators representing the area have attempted to collaborate with DLNR and BLNR to address concerns regarding the deplorable conditions of the former Uncle Billyʻs 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 Hawaiʻi 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 Hawai‘i 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 Hawai‘i County and require immediate action to mitigate the risks; and WHEREAS, Section 127A-14(a), Hawai‘i 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(a)(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 Hawaiʻi Banyan Drive Hawai‘i 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 Hawai‘i 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 HAWAIʻI 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 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 Hawaiʻi. 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 Hawaiʻi Redevelopment Agency; Friends of Liliʻuokalani Gardens; Friends of Historic Banyan Drive; East Hawai‘i Outdoor Circle; and Banyan Drive Business Association. 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.