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Home My WebLink AboutRES 120 Draft 01 2024-2026 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF ANY PROPERTY IDENTIFIED IN THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION’S 2024 PRIORITIZED LIST, 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: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) 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, Section 2-218(a) of the Code provides prioritized list of qualifying lands worthy of preservation “The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolution, select the land or lands to be preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the County. Where 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, in accordance with Section 2-218, the Mayor submitted the 2024 Annual Report of the Hawai‘i County Public Access, Open Space, and Natural Resources Preservation Commission to Council, via Communication No. 166, dated February 25, 2025, which contains properties prioritized by the commission and concurred with by the Mayor, and listed herein as: PRIORITIZED LIST FOR 2024: No. % Suggestion Nomination Tax Map Key No. 1 87. 429 24-04 Kapalaoa 7-1-003:004, 005, 006, 011 2 86.714 24-05 Kawainui Makai 2-7-011:001 & 2-7-010:027 3 85.714 24-07 Ka‘ohe 1-3 8-7-009:005 4 85.714 24-01 Honalo Ahupua‘a 7-9-005:008, 009, 039, 040 5 82.143 24-09 Upolu Point 5-5-007:002 No. % Suggestion Nomination Tax Map Key No. 6 78.333 24-08 Honu‘apo 9-5-014:060, 029 7 77.667 24-02 Joseph Rock 7-4-008:057 Arboretum 8 71.833 24-06 Nani Kai Hōkū Farm 5-5-008:069 Agricultural Easement 9 71.000 24-10 Minuke Ole Corral 6-7-002:055 Bull Pen 10 51.714 24-03 Kaloko Residential Park 7-3-009:028 which properties are further described in Exhibit “A” attached hereto and incorporated herein by reference; and WHEREAS, although both the executive and legislative branches of the County of Hawai‘i place a high priority on preserving Public Access, Open Space, and Natural Resources throughout the County, the process is often lengthy; and WHEREAS, it is in the best interest of the public that a more expeditious manner of authorizing the Director of Finance to enter into negotiations for acquisition of land/and or conservation easements for all or a portion of any property in the 2024 annual prioritized list submitted by the Commission; 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 properties identified in the 2024 Prioritized List submitted to the Mayor by the Commission. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of land and/or a conservation easement for all or a portion of any property identified in the 2024 Prioritized List submitted to the Mayor by the Commission, 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 Christian Kimo Alameda, 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 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.