HomeMy WebLinkAboutRES 561 Draft 01 2022-2024
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR A CONSERVATION EASEMENT FOR ALL OR A PORTION OF THE PROPERTY IDENTIFIED
AS TAX MAP KEYS: (3) 7-6-021:016 AND 017, SITUATED IN HŌLUALOA, DISTRICT OF NORTH 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, Connecting the Hōlualoa Royal Complex, as shown in “Exhibit A”, attached hereto and incorporated herein by reference, consists of approximately 68.84 acres, and is included
on the prioritized list of lands to be considered for acquisition as priority number 8, as submitted by the Commission in its 2022 Annual Report to the Mayor, dated December 23, 2022;
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
WHEREAS, Connecting the Hōlualoa Royal Complex, located in the district of North Kona, is approximately 68.84 acres and is significant to the County of Hawai‘i for the following reasons:
Acquisition would fulfill the purpose of preserving of historic or culturally important land and sites that promote preservation and perpetuation of our native Hawai‘i culture, tradition,
and customary practices; and
Acquisition would fulfill the purpose of protecting sacred burial grounds, natural resources, and buffer zones; and
Acquisition would preserve and teach the “living history” of the archeological structures, lava tube burial site, agricultural terracing dating back to pre-Contact era to Historic era
agriculture, and habitat for native hoary bat, native ‘oi (hawk) and native moth; and
WHEREAS, there are no legal restrictions on the property that prohibit a fee simple purchase and/or conservation easement, however the landowner is not currently a willing seller desiring
to participate in the PONC program; 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 and/or a conservation easement for all or a portion of the property identified as tax map keys: (3) 7-6-021:016 and 017 situated 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 tax map keys: (3) 7-6-021:016 and 017 situated
in the district of North 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 Mayor Mitch Roth, the Director 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.