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HomeMy WebLinkAboutRES 332 Draft 01 2012-2014 N�.;.. e L i • • �Idik COUNTY OF HAWAII -• ��"; '�`• STATE OF HAWAII �Oi N►.., ,. • RESOLUTION NO. 33 1.4 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY (3) 5-5-015:042, KNOWN AS THE BANYAN TREES PARK AREA IN NORTH KOHALA, PURSUANT TO CHAPTER 2,ARTICLE 42 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED). WHEREAS, Chapter 2, Article 42 of the Hawai`i County Code established the Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, Section 2-215 of the Hawai`i County Code established the Public Access, Open Space, and Natural Resources Preservation Commission ("the Commission"); and WHEREAS, Section 2-217 of the Hawai`i County Code provides, in pertinent part, that the Commission's first duty and responsibility is, "To develop and submit to the mayor, an initial island-wide prioritized list of qualifying lands worthy of preservation...Priorities shall be listed on an island-wide rather than district basis."; and WHEREAS, on December 27, 2013, the Commission submitted its 2013 Annual Report to the Mayor citing the purchase of the Banyan Trees Park Area in North Kohala as a key priority; and WHEREAS, Communication No. 704 from the Mayor, dated February 20, 2014, recommends that the Council accept the prioritized list as presented by the Commission; and WHEREAS, the Banyan Trees Park Area is currently available for purchase, and the current owners would prefer to sell to the County, honoring the community's desire to preserve this area as a park and village green area; and WHEREAS, the level of urgency for purchasing this property is high, because the current owners must sell immediately due to financial constraints, or begin development of the property in July 2014; and WHEREAS, this property has been used informally for over 50 years as a park, hosting softball games and numerous community events, including the well-attended Kohala Fair (2,500 - 4,000 attendees), the very successful Hawi Farmer's Market, concerts, and popular classes such as hula, tai chi, etc.; and WHEREAS, preserving this property will maintain the ocean view from the Hawi Farmer's Market and protect the landscape of the neighboring banyan trees that meet the County's criteria for exceptional trees (a tree or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, aesthetic quality, or endemic status has been designated by the Council as worthy of preservation); and WHEREAS, local community groups and merchants are committed to assisting with managing the area through a Friends of the Park agreement with the County; and WHEREAS, preserving this property ensures recreational opportunities for both residents of Hawai`i and tourists; and WHEREAS, the property to be acquired is 0.91 acres and covered by Tax Map Key (3) 5-5-015:042, as shown in the attached "Exhibit A"; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Director of Finance is hereby authorized to enter into negotiations for the acquisition of the Banyan Trees Park Area property in North Kohala, Tax Map Key (3) 5-5-015:042, pursuant to the terms of this resolution. BE IT FURTHER RESOLVED that the Director of Finance is authorized to initiate any funding mechanisms required for the acquisition of the Banyan Trees Park Area property in accordance with Chapter 2, Article 42 of the Hawai`i County Code, relating to the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FURTHER RESOLVED that the Hawai`i County Council welcomes individuals who are willing to share their expertise and engage with others in an open process to form a new nonprofit or to create a Friends of the Park agreement solely dedicated to the management of the Banyan Trees Park Area property. 2 BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Honorable Mayor William P. Kenoi,the Director of Finance, the Director of Parks and Recreation, and the Public Access, Open Space, and Natural Resources Preservation Commission. Dated at Hi 1 n , Hawai`i,this 1st day of April, , 2014. INTRODUCED BY: H COUNCIL "E R,COUNTY OF HAW I`I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF _X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X County of Hawaii on April 1, 2014 KERN X ONISHI X ATTEST: POINDEXTER X WILLE X 8144, YOSHIMOTO X 9 0 0 0 drio, Reference: C-732/FC-141 COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 332 14 3 EXHIBIT A Subject Parcel - TMK (3) 5-5-015:042 1 Iy i_ milt) _ r ' ^— _ Q ip Ai /•O• 4 Cam' 12) b //f:.:2-81---1;r5:- /c,/ac.V3 ii. a iit1,ypkcunCJI c OT4: 0 N N c eo/edG uz7e 8Q;, .S,i n -t�� 10 o ® io RN, , 3F @ P 4) c$.07 4, 1 C Q a p mg "� .R ota / s r ! t `Tx t n C\ m m ,c, , W ` m N ;. Y o a °cur Il MJ'4 cur .r 6,44. 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