HomeMy WebLinkAboutRES 263 Draft 01 2024-2026A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI‘I, DEPARTMENT OF HAWAIIAN HOME LANDS, TO COLLABORATE TO PROVIDE CONTROLLED ACCESS
THROUGH LAND IDENTIFIED BY TAX MAP KEY NOS. (3) 2-1-013:005 AND 006, ALSO KNOWN AS LEHIA BEACH PARK.
WHEREAS, Section 46-7 of the Hawai‘i Revised Statutes requires the consent of the Council in order for the County to enter into an agreement with the federal government or any other
public body respecting action to be taken pursuant to any of the powers granted to the County by law and furnish, expend, and receive any funds or other assistance in connection with
projects being or to be undertaken pursuant to those powers; and
WHEREAS, pursuant to Executive Order No. 4078, signed by the Governor of Hawai‘i on October 26, 2004, the County possesses control and management authority over the land identified by
Tax Map Key Nos. (3) 2-1-013:005 and 006, also known as Lehia Beach Park, situated at Keaukaha, South Hilo, Island, County, and State of Hawai‘i (hereinafter “Lehia Beach Park”); and
WHEREAS, the State of Hawai‘i, Department of Hawaiian Home Lands, (hereinafter “DHHL”) owns the land directly adjacent to and surrounding Lehia Beach Park on the east and south, identified
by Tax Map Key No. (3) 2-1-013:001 (hereinafter “the Property”); and
WHEREAS, DHHL permits certain members of Malama Ka ʻĀina Hana Ka ʻĀina, Inc., a Hawai‘i nonprofit organization, (hereinafter “MAHA”) to reside on the Property; and
WHEREAS, the only practicable access to the Property is via an unimproved vehicular trail through Lehia Beach Park; and
WHEREAS, for the purpose of controlling vehicular access to Lehia Beach Park, the County maintains several gates at the beach park’s entrance, located near the terminus of Kalanianaʻole
Street, and one gate intended for use by DHHL and MAHA; and
WHEREAS, DHHL wishes to enter into an agreement with the County to collaborate in providing secure and controlled ingress and egress to the Property through its gate, as depicted in
Exhibit “A”, attached hereto; and
WHEREAS, the County finds that better collaboration in securing these gates is in the mutual interest of the County and DHHL, as it will benefit the safety of the public utilizing Lehia
Beach Park and the shoreline and the safety of DHHL, its beneficiaries, staff, and members of MAHA living on the Property by limiting unauthorized access, reducing illegal activity,
and improving conditions for service providers and emergency personnel; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that, pursuant to Section 46-7 of the Hawai‘i Revised Statutes, the Mayor is hereby authorized to enter into an agreement with
the State of Hawai‘i, Department of Hawaiian Home Lands, for the purposes hereinabove described.
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 T. Nakagawa, Director of
Finance; Renee N. C. Schoen, Corporation Counsel; Clayton S. Honma, Parks and Recreation Director; and Kali K. Watson, Chairman of the Hawaiian Homes Commission.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAI‘I