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A RESOLUTION DIRECTING THE COUNTY TO ENTER INTO NEGOTIATIONS FOR THE <br />IMMEDIATE PURCHASE OF OPEN SPACE PROPERTY CURRENTLY FOR SALE AND WHOSE <br />OWNERS ARE WILLING TO SELL TO THE COUNTY OF HAWAII USING THE TWO PERCENT <br />(2%) OPEN SPACE PRESERVATION FUND. <br />WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund was established <br />in 2005, by Ordinance No. OS-166, as codified in Chapter 2, Article 42, of the Hawaii County Code 1983 <br />(2005 Edition, as amended); and <br />WHEREAS, Section 2-215, Hawaii County Code 1983 (2005 Edition, as amended), provides for the <br />establishment of a Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter <br />the ``Commission"); and <br />WHEREAS, Section 2-217(1), Hawaii County Code 1983 (2005 Edition, as amended), provides that <br />among the duties and responsibilities of the Commission is the development and submittal to the Mayor of an <br />island-wide prioritized list of qualifying lands worthy of preservation; and <br />' WHEREAS, the Hawaii County Public Access, Open Space, and Natural Resources Preservation <br />Commission issues a yearly Prioritized List of proposed properties for acquisitions based on highest ratings for <br />criteria as stated in the Open Space Ordinance in Section 2-214 (d): for public recreation and education, access <br />to beaches and mountains, preservation of cultural sites, protect natural resources, watersheds and preserve <br />forests, beaches, coastal areas and agricultural lands; and <br />WHEREAS, Communication No. 909 dated May 18, 2006 being the 2006 Annual Report of the Public <br />Access, Open Space and Natural Resources Preservation Commission submitted to the Hawaii County <br />Council, transmitted the Commission's recommendations for the 2006 priority list; and <br />WHEREAS, in the 2006 Annual Report, the Puapua`a properties ranked as number four on the priority <br />list; and <br />WHEREAS, Communication No. 1054 dated February 25, 2008 being the 2007 Annual Report, from' <br />the Public Access, Open Space and Natural Resources Preservation Commission submitted to the Hawaii <br />County Council, transmitted the Commission's recommendations for the 2007 priority list; and <br />WHEREAS, in the 2007 Annual Report, Puapua`a Properties ranked as number one; and <br />WHEREAS, Communication No. 115 dated February 9, 2009 being the 2008 Annual Report to the <br />Mayor,from the Public Access, Open Space and Natural Resources Preservation Commission submitted to the <br />Hawaii County Council, transmitted the Commission's recommendations for the 2008 priority list; and <br />WHEREAS, the 2008 Annual Report stated that the Pa`o`o property ranked as number two, and the <br />Puapua`a properties ranked as number five on the priority list; and <br />WHEREAS, these two properties (Pa`o`o property being TMK 5-7-01:05; Puapua`a properties being <br />TMK 7-5-020:024; 028; and 034 respectively) are currently for sale; and <br />WHEREAS, the Hawai` i County Council has approved Resolution No. 404-06 for the acquisition of <br />the Puapua`a properties and Resolution No. 616-08 for the acquisition of the Pa`o`o property, all authorizing <br />the'Mayor's administration or the Director of Finance to enter into negotiations for the acquisition of the above <br />properties; and <br />