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HomeMy WebLinkAboutRES 451 Draft 01 2012-2014 nn =1 COUNTY OF HAWAII I + ��'=- !/ •- STATE OF HAWAII •f�Tt OF•NF'•�' RESOLUTION NO. 451 14 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY NO. 1-5-010:032 IN THE DISTRICT OF PUNA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND, AS PROVIDED IN SECTION 10-15 OF THE HAWAII COUNTY CHARTER. WHEREAS, the acquisition of conservation and agricultural land Tax Map Key (TMK) No. 1-5-010:32 (hereinafter"the Gapp property") is a special circumstance requiring immediate action by the County; and WHEREAS, the Gapp property is the result of the County of Hawaii Planning Department's inadvertent consolidation/resubdivision of Conservation land in 1999, whereby no prior approval was applied for through the Board of Land and Natural Resources (BLNR); and WHEREAS, to date, according to the County of Hawai`i Planning Department and Corporation Counsel, BLNR has not provided the County of Hawai`i with alternatives to rectify the Gapp property's inadvertent consolidation/resubdivision of Conservation land; and WHEREAS, in 2008, an archaeological inventory survey conducted by Rechtman Consulting LLC found 67 features of historic and/or pre-contact sites over nine archaeological sites, four of the sites are Native Hawaiian burial grounds, one of which is a pre-contact burial platform located within the Gapp property; and WHEREAS, according to the archaeological survey, the property has a petroglyph field, trail fragments, agricultural evidence, walls to conceal "Historic Period"burials, and evidence of "Historic Habitation"; and WHEREAS, the acquisition of the Gapp property will serve to ensure historical preservation and conservation of culturally significant lands for lineal/cultural descendants, residents of Hawai`i and tourists; and WHEREAS, the Hawai`i County Charter, Section 10-15, provides for a Public Access, Open Space, and Natural Resources Preservation Fund, which receives a minimum of two percent of real property tax revenues (including penalties and interest) each fiscal year to be expended on the acquisition of lands or property entitlements for public outdoor recreation and education; and WHEREAS, Section 10-15, subsection (c), paragraph (1)(B) of the Hawaii County Charter provides that monies in the fund may be used to purchase property for the purpose of "[p]reservation of historic or culturally important land areas and sites"; and WHEREAS, potential matching funds from the Office of Hawaiian Affairs and the State Division of Land and Natural Resources, Legacy Land Conservation Program, may augment monies derived from the Public Access, Open Space, and Natural Resources Preservation Fund for the purpose of acquiring the Gapp property; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that, pursuant to Section 10-15 of the Hawaii County Charter,the Director of Finance is authorized to enter into negotiations for the acquisition of the Gapp Property (TMK No. 1-5-010:032) in the District of Puna,pursuant to the terms of this resolution. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of the Gapp property in accordance with Section 10-15 of the Hawai`i County Charter. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Honorable Mayor William P. Kenoi; Nancy Crawford, Director of the Department of Finance; the Honorable Governor Neil Abercrombie; William Aila, Director of the Department of Land and Natural Resources; Samuel J. Lemmo, Administrator of the Department of Land and Natural Resources; the Honorable State Representative Faye P. Hanohano; and the Honorable State Senator Russell E. Ruderman. Dated at Hilo , Hawai`i, this 2nd day of July , 2014. INTRODUCED BY: 1. CO N ' . _ I E' I ;R, COUNTY OF HAWAII 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 July 2 2014E KERN X ONISIII X ATTEST: POINDEXTER X WILLE X YOSHIMOTO X 6 2 1 0 Reference: C-916/FC-179 COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 451 14 2