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COUNTY OF HAWAII <br />STATE OF HAWAII <br />RESOLUTION NO. 106 09 <br />A RESOLUTION DIRECTING THE COUNTY TO ENTER INTO NEGOTIATIONS <br />FOR THE IMMEDIATE PURCHASE OF OPEN SPACE PROPERTY CURRENTLY <br />FOR SALE AND WHOSE OWNERS ARE WILLING TO SELL TO THE COUNTY OF <br />HAWAII USING THE TWO PERCENT (2%) OPEN SPACE PRESERVATION FUNll. <br />WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Pund <br />was established in 2005, by Ordinance No. OS-166, as codified in Chapter 2, Article 42, of the <br />Hawaii County Code 1983 (2005 Edition, as amended); and <br />WHEREAS, Section 2-215, Hawaii County Code 1983 (2005 Edition, as amended), <br />provides for the establishment of a Public Access, Open Space, and Natural Resources <br />Preservation Commission (hereinafter the "Commission"); and <br />WHEREAS, Section 2-217(1), Hawaii County Code 1983 (2005 Edition, as amended), <br />provides that among the duties and responsibilities of the Commission is the development and <br />submittal to the Mayor of an island-wide prioritized list of qualifying lands worthy of <br />preservation; and <br />WHEREAS, the Hawaii County Public Access, Open Space, and Natural Resources <br />Preservation Commission issues a yearly Prioritized List of proposed properties for acquisitions <br />based on highest ratings for criteria as stated in the Open Space Ordinance in Section 2-214 (d): <br />for public recreation and education, access to beaches and mountains, preservation of cultural <br />sites, protect natural resources, watersheds and preserve forests, beaches, coastal areas and <br />agricultural lands; and <br />WHEREAS, Communication No. 909 dated May 18, 2006 being the 2006 Annual <br />Report of the Public Access, Open Space and Natural Resources Preservation Commission <br />submitted to the Hawaii County Council, transmitted the Commission's recommendations for <br />the 2006 priority list; and <br />WHEREAS, the 2006 Annual Report stated that the Puapua`a properties as adopted by <br />Resolution No. 404-06 ranked as number four on the priority list; and <br />