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Home My WebLink AboutRES 038 Draft 01 2010-2012COUNTY OF HAWAII •' _• RESOLUTION NO. STATE OF HAWAII 38 11 A RESOLUTION RESCINDING RESOLUTION NO. 216 -09 AND AUTHORIZING THE FINANCE DIRECTOR OR AUTHORIZED REPRESENTATIVE(S) THEREOF TO INVITE PROPOSALS FOR LEASE BY NEGO'T'IATION OF CERTAIN FORMER HAMAKUA SUGAR COMPANY, INC. LANDS NOW UNDER COUNTY OWNERSHIP. WHEREAS, in 1994, the Council of the County of Hawaii agreed to accept approximately 4,400 acres of land by Commissioner's Quitclaim Deed as a settlement for retroactive real property taxes among Western Farm Credit Bank, the County of Hawaii, and Hamakua Sugar Company, Inc.; and WHEREAS, on November 18, 2009, the Hawaii County Council adopted Resolution No. 216 -09, which approved and directed the Finance Director or authorized representative to proceed with the sale by auction or sale by sealed bid of the 737.302 acres of Hamakua Lands indentified as: TMK Description 4 -3- 007:001 Pa'auilo Homesteads 2nd Series, Hamakua, Hawaii 4 -3- 009:024 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4 -3- 009:053 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4 -3- 009:054 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4- 3- 009:055 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4- 3- 009:056 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4 -3- 009:057 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4- 3- 009:058 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4 -3- 009:059 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4 -3- 009:060 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4 -3- 009:061 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 4-3-011:001 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 4- 3- 011:002 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 4-3-011:061 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 4- 3- 011:062 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 4-3-011:063 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 4 -3 -01 1:064 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii TOTAL Acres 92.047 84.545 23.337 20.191 16.224 16.307 15.334 18.551 20.231 19.353 21.399 56.730 109.720 103.977 74.347 12.800 33.000 737.302, and WHEREAS, the Department of Finance set up a process to sell the 737.302 acres of land as described herein, by grouping them into four parcel bundles with four sealed bid opening dates of: March 31, 2010, April 7, 2010, April 14, 2010, and May 24, 2010; and WHEREAS, after the County received no offers at the first two public bid openings, the third and fourth sealed bid openings were cancelled, and the Administration took the Hamakua parcels off the market; and WHEREAS, the Council feels that these lands create a remarkable opportunity and potential for diversified agriculture, renewable energy development, pastoral use, eco- tourism, workforce housing, and agricultural education and training; and WHEREAS, it is in the best interest of the County of Hawaii to rescind Resolution No. 216 -09 and revoke the authorization to sell the above mentioned land and instead seek to lease or sub -lease these properties for the purpose of diversified agriculture, renewable energy development, pastoral use, eco- tourism, workforce housing, agricultural education and training; and WHEREAS, chapter 2, article 19, section 2 -114, subsection (a) of the Hawaii County Code 1983 (2005 Edition, as amended) provides in pertinent part that real property may be leased through negotiation upon a finding by the Council that the public interest demands it; and WHEREAS, this subsection of the Hawaii County Code further provides that any lease by negotiation is subject to the approval of the minimum conditions and selection criteria of the Council; and WHEREAS, chapter 2, article 19, section 2 -114, subsection (d) of the Hawaii County Code 1983 (2005 Edition, as amended) provides in pertinent part that the Council may require in the initial resolution that the negotiated agreement be accepted by the Council; and WHEREAS, chapter 2, article 19, section 2 -116, subsection (c) of the Hawaii County Code 1983 (2005 Edition, as amended) provides in pertinent part that disposition by negotiation shall invite proposals through public notice; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that Resolution No. 216 -09 is hereby rescinded and pursuant to chapter 2, article 19, section 2 -114 of the Hawaii County Code 1983 (2005 Edition, as amended) that the Council hereby finds that it is in the public's interest that all or a portion of the 737.302 acres of Hdmakua Land as described herein shall be leased by negotiation; and BE IT FURTHER RESOLVED, the lease of all or a portion of the 737.302 acres of Hdmakua Land as described herein is conditional upon the following criteria: the land shall be utilized for diversified agriculture, renewable energy development, pastoral use, eco- tourism, workforce housing, agricultural education and training, or a combination of the above and shall not be utilized for research, development, production, or cultivation of genetically modified organism (GMO) products; and BE IT FURTHER RESOLVED, that the Finance Director or authorized representative(s) thereof shall invite proposals for the lease of these lands pursuant to chapter 2, article 19, section 2 -116, subsection (c) of the Hawaii County Code 1983 (2005 Edition, as amended); and 2 BE IT FURTHER RESOLVED, that the Finance Director or authorized representative(s) thereof shall evaluate and select the best proposal within 120 days of the adoption of this resolution. The Finance Director shall subsequently submit a recommendation by resolution to the Council for its consideration and acceptance pursuant to chapter 2, article 19, section 2 -114, subsection (d) of the Hawai`i County Code 1983 (2005 Edition, as amended); and BE IT FURTHER RESOLVED, that the Council shall act on the proposal submitted by the Finance Director within 60 days of the resolution first appearing on an agenda of the Council or one of its committees. Any public hearing regarding this resolution shall be conducted in a timely fashion so that a final vote by the Council will occur within the aforementioned 60 days; and BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable William P. Kenoi, Mayor of the County of Hawai`i, and the Director of the Department of Finance. Dated at Hilo _, Hawai`i, this 6th day of April , 2011. INTRODUCED BY: COUNCIL MEMBE I' o . TY OF HAWAI'1 i COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES AL3S EX 1 Hilo, Hawaii BIAS X I FORD X 1 hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by the COUNCIL of the — — County of Hawai' i on April 6, 2011 IKEDA X ONISHI X PILAGO X ATTEST: SMART X YAGONG X YOSHIMOTO X 8--L-- 7 2 — - L D �'' �'"' Reference: C- 99 /F'C —31 `' s CO NTY CLERK CHAIRPERSON & PRESIDING FF1C R RESOLUTION NO. 38 1 CV J 3