HomeMy WebLinkAboutRES 500 Draft 01 2024-2026A RESOLUTION URGING THE DIRECTOR OF FINANCE TO AWARD A GRANT TO MAKAHANALOA FISHING ASSOCIATION FOR THE MAINTENANCE OF CERTAIN PUBLIC ACCESS EASEMENTS IN PEPE‘EKEO.
WHEREAS, in 2002, the County reached a settlement agreement with Continental Pacific, LLC, which settled certain disputed claims of pre-existing lots arising out of a proposed subdivision
in Pepe‘ekeo and established various public access easements within the lands under dispute; and
WHEREAS, Section 34-10 of the Hawaiʻi County Code 1983 (2016 Edition, as amended) (hereinafter, “the Code”) provides, in part that, “upon the acceptance of the dedication of land for
a right-of-way for public access by the County, the County shall thereafter assume the cost of improvements for and the maintenance of the public access, unless the subdivider or developer
agrees to assume such cost and maintenance”; and
WHEREAS, by Resolution No. 109-11, adopted on August 17th, 2011, a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”, the County accepted a grant of
public access easements that were established by the settlement agreement; and
WHEREAS, the grant agreement stipulated that the County “shall be solely responsible for maintaining, controlling, insuring and repairing the Public Access Easements and any and all
improvements constructed upon and/or located within said Public Access Easements, in a good and safe condition, ordinary wear and tear excepted”; and
WHEREAS, the easements for which the County has maintenance responsibility, as delineated above, are identified as Easements P-1, P-2, P-6, P-6-A, P-6-B, P-11-A, P-11-B, P-12, P-14-A,
P-14-B, and P-14-C (hereinafter the “Public Access Easements”) and more particularly described in “Exhibit A”; and
WHEREAS, the County recognizes that public access is critical to our island community; and
WHEREAS, Section 2-139(a)(3)(C) of the Code provides, in part, that “[g]rant awards of $25,000 or less may be authorized by the finance director for projects or programs that accomplish
public purposes upon written request of a department”; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that the Director of Finance is hereby urged to award a grant under Section 2-139(a)(3)(C) of the Code to Makahanaloa Fishing Association
to maintain the Public Access Easements in accordance with the terms contained in “Exhibit A”.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Mayor C. Kimo Alameda, Mayor of the County of Hawaiʻi; Diane T. Nakagawa, Director
of Finance; and Renee N. C. Schoen, Corporation Counsel.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I