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Home My WebLink AboutRES 410 Draft 01 2022-2024 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LAND OR A CONSERVATION EASEMENT FOR ALL OR A PORTION OF THE PROPERTY IDENTIFIED AS TAX MAP KEY (3) 8-7-011:002 SITUATED IN THE DISTRICT OF SOUTH KONA, ALSO KNOWN AS ʻIO LANI KEA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. WHEREAS, in 2005, the Public Access, Open Space, and Natural Resources Preservation Fund (hereinafter “the 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 Fund shall be used for acquiring lands or property entitlements in the County of Hawaiʻi for the following purpose: “1) Public outdoor recreation and education, including, access to beaches and mountains; Preservation of historic or culturally important land areas and sites; Protection of natural resources, including buffer zones; Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and Protection of watershed lands to preserve water quality and water supply”; and WHEREAS, Section 2-217 of the Code provides, in part, that the duties and responsibilities of the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter “the Commission”) include developing and submitting to the Mayor a prioritized list of qualifying lands worthy of preservation and to updating 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, ʻIo Lani Kea Trust, identified as tax map key (3) 8-7-011:002, consisting of approximately 46.27 acres (hereinafter “the Property”), is included on the prioritized list of lands as the twelfth highest priority for acquisition in the Commission’s 2018 Annual Report to the Mayor dated December 31, 2018 (see “Exhibit A”, attached hereto); and WHEREAS, the Property is currently for sale and the landowner is willing to sell this parcel or a portion thereof to the County of Hawai‘i ; and WHEREAS, the Property is an exceptional cultural, environmental, and natural landscape that contains portions of an ancient Hawaiian settlement, a remnant native dryland forest, an ancient trail network, native coastal plants, anchialine ponds, and a popular spot for community outdoor recreational hiking, fishing, diving, and gathering; and WHEREAS, the acquisition of title or conservation easement(s) for the Property would be significantly beneficial to the County of Hawai‘i and our island community as a method of preserving history specific to the Kukui ʻopae ahupua‘a as follows: (1) protecting cultural and natural resources; (2) preserving native dryland forests, native coastal plants, fresh water springs, and anchialine ponds; (3) sustaining a healthy coral reef system and near-shore coastal waters; (4) preserving portions of the ala loa or Ala Kahakai National Historic Trail including mauka-makai trails; (5) facilitating responsible managed public access; (6) enabling community-based management and stewardship; and (7) maintaining the rural lifestyle and historical character of South Kona; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that, pursuant to Chapter 2, Article 42 of the Hawai‘i County Code, the Director of Finance is hereby authorized to enter into negotiations for the acquisition of land or conservation easement(s) for all or a portion of tax map key (3) 8-7-011:002 situated in the Kukui ʻopae ahupua‘a, district of South 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 land or conservation easement for all or a portion of tax map key (3) 8-7-011:002, in accordance with the terms of this resolution. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to Honorable Mayor Mitchell D. Roth; the Director of the Department of Finance; the State of Hawai‘i Department of Land and Natural Resources; and the County of Hawai‘i 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.