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Home My WebLink AboutRES 486 Draft 01 2022-2024A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS OR A CONSERVATION EASEMENT FOR ALL OR A PORTION OF THE PROPERTY IDENTIFIED AS TAX MAP KEY (3) 7-1-003:010, ALSO KNOWN AS ‘ANAEHO‘OMALU KAPALAOA, SITUATED IN THE AHUPUA‘A OF PU‘UANAHULU, DISTRICT OF KONA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. WHEREAS, Chapter 2, Article 42 of the Hawai‘i County Code 1983 (2016 Edition, as amended) (hereinafter “the Code”) establishes a Public Access, Open Space, and Natural Resources Preservation Fund; 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: 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 an initial prioritized list of qualifying lands worthy of preservation and updating the list annually by December 31 of each year; and WHEREAS, ‘Anaeho‘omalu Kapalaoa, as shown in “Exhibit A”, attached hereto and incorporated herein by reference, consists of approximately 27.38 acres, and is ranked as the highest priority for acquisition in the Commission’s 2023 Annual Report to the Mayor, dated November 13, 2023; and WHEREAS, on March 1, 2024, the State of Hawai‘i Legacy Land Conservation Commission recommended a Legacy Land Conservation Program grant award in the amount of $3,000,000 to purchase ‘Anaeho‘omalu Kapalaoa, providing a significant amount of matching funding; and WHEREAS, Section 2-218(a) of the Code provides, in pertinent part, that “[t]he 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 lands where matching funding is available to leverage the County contribution”; and WHEREAS, the ‘Anaeho‘omalu Kapalaoa Property is an exceptional cultural and natural landscape, containing Keahualono Heiau and Hiʻiakaikaʻaleʻī Heiau; ancient habitation and cave complexes; petroglyph fields; mauka-to-makai and coastal trail networks; ecosystems with endemic flora and fauna, including pristine anchialine pools teeming with ʻōpae ʻula (native shrimp); and public access to the southern shoreline of ʻAnaehoʻomalu Bay for sustenance fishing, gathering, and other cultural practices; and WHEREAS, the acquisition of title or a conservation easement for ‘Anaeho‘omalu Kapalaoa would be significantly beneficial to the County of Hawai‘i for the following reasons: To safeguard invaluable cultural and natural resources; To preserve undeveloped coastal and beachfront land; To protect native species and their natural habitats; To maintain fresh water springs and anchialine ponds; To facilitate safe, legal, and responsibly-managed public access; To enable descendant- and community-based management and stewardship; and To perpetuate the lifestyle, culture, and history of Pu‘uanahulu; and WHEREAS, the current landowner has expressed interest in a preservation sale of the property, providing the County with a special opportunity for acquisition and management; and WHEREAS, several community stakeholders, including Nā ʻŌiwi O Pu‘uanahulu, Hui Aloha Kīholo, and the Ala Kahakai Trail Association have signaled support to work in various capacities with the County, the landowner, lineal descendants, and the broader community to secure, establish, and maintain this proposed acquisition in order to perpetuate and protect the cultural and natural resources of the area; 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 lands or a conservation easement for all or a portion of the property identified as tax map key (3) 7-1-003:010, also known as ‘Anaeho‘omalu Kapalaoa, situated in the ahupua‘a of Pu‘uanahulu, district of 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 lands or a conservation easement for all or a portion of the property identified as tax map key (3) 7-1-003:010, also known as ‘Anaeho‘omalu Kapalaoa, situated in the ahupua‘a of Pu‘uanahulu, district of Kona, 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 of the County of Hawai‘i; Diane Nakagawa, Director of Finance; Dawn N. S. Chang, Chairperson of the Board of Land and Natural Resources; Stacy K. Ferreira, Administrator of the Office of Hawaiian Affairs; and Alexandra Kelepolo, Chairperson of 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.