RES 256 Draft 01 2010-2012 - Laserfiche WebLink

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WHEREAS,the Kona Community Development Plan states as an environmental resource objective: "Policy ENV-3.1: Acquisition Priorities. To supplement the activities of the County Open Space Commission, the Open Space Network Program shall identify high priority areas in Kona for public acquisition, based on the following criteria: a. Significant value; b. Extensive public use; c. Imminent threat by private development; d. Lack of alternative means of protection." To comply with the Kona Community Development Plan, the imminent threat posed by development (c.) indicates that protection via purchase of these parcels is necessary; and WHEREAS, the Hawai`i County Charter in section 10-15 establishes the Public Access, Open Space, and Natural Resources Preservation Fund and its purpose; and WHEREAS, the Hawai`i County Code in section 2-218. Prioritized list of qualifying lands worthy of preservation states: "(a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolution, select the land or lands to be preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the County. Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution." Nothing in this section states in what order the resolution and the prioritized list shall appear before the council. Legally, there is no time requirement for or prohibition from the council issuing a resolution to acquire land at any time; and WHEREAS,the Legacy Land Commission may authorize up to 75% of the purchase price for lands with the rare, indigenous, and threatened species; and 2