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HomeMy WebLinkAboutRES 095 Draft 01 2024-2026 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEY (3) 2-7-011:001 AND (3) 2-7-010:027, SITUATED IN THE AHUPUA‘A OF KAWAINUI AND ONOMEA, DISTRICT OF SOUTH HILO, 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, Kawainui Makai, as shown in “Exhibit A”, attached hereto and incorporated herein by reference, consists of approximately 81.19 acres, and is ranked as the second highest priority for acquisition in the Commission’s 2024 Annual Report to the Mayor, dated December 19, 2024; and WHEREAS, the State of Hawai‘i Legacy Land Conservation Commission recommended a Legacy Land Conservation Program grant award in the amount of $1,000,000 to purchase Kawainui Makai, 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 Kawainui Makai properties encompass and border both sides of Kawainui Stream, a major stream that meets the ocean with a sizable estuary and ‘ili‘ili (pebble) beach along the Hilo-Hāmākua coastline, where the natural topography of Kawainui Makai enabled the landing and launching of canoes during calm seas, an asset that would have encouraged Native Hawaiian settlement; and WHEREAS, the acquisition of title and conservation for Kawainui Makai properties would be significantly beneficial to the County of Hawai‘i and our island community in the following ways: To safeguard invaluable cultural resources of Kawainui Makai including several potential habitation, kilo and agricultural sites; To preserve critical habitat for Hawaiʻi’s aquatic organisms including all five species of oʻopu and the endangered Hawaiian Damselfly; To protect a large estuarine ecosystem which is dynamically abundant and provides essential nursury habitat for a variety of fish and invertebrates; Revive important agricultural lands as agroforest to feed the community in addition to potentially generating income for the continued stewardship of this ʻāina; To facilitate responsible managed public access for critical community fishing and gathering sites; (6) To enable community-based management and stewardship; and (7) To perpetuate the rural lifestyle and historical character of Hilo Palikū; and WHEREAS, the properties are currently for sale and the landowner is willing to negotiate with the County of Hawaiʻi in good faith; and WHEREAS, Makahanaloa Fishing Association has proposed a stewardship plan which would engage the broader community and is willing to spearhead the stewardship efforts; 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 and/or conservation easements for all or a portion of the properties identified as Tax Map Key (3) 2-7-011:001 and (3) 2-7-010:027, situated in the Ahupuaʻa of Kawainui and Onomea, District of South Hilo, utilizing the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FURTHER RESOLVED that the Director of Finance is authorized to initiate any funding mechanisms required for the acquisition of this land, 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 C. Kimo Alameda, 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; 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   GALIMBA       HUSTACE       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       ONISHI       VILLEGAS              Reference:  COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.