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Home My WebLink AboutRES 452 Draft 01 2004-2006 OFFICE INFORMATION ONLY Meeting: October 16, 2006 -Council Meeting (46~' Session) Action: Close File -October 16, 2006 Re: RESOLUTION 452-06/C-1064/FC-337 YY O~ „ ~L ~ COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 452 lJ~ A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY PARCELS 9-6-001:006, 9-6-001:011, 9-6-001:012, AND 9-6-001:003, COMPRISING APPROXIMATELY 10.195 ACRES OF LAND, ALSO KNOWN AS PUNALU`U BEACH PARK AND ADJACENT LANDS, IN THE DISTRICT OF KA`U, PURSUANT TO ORDINANCE NO. OS-166. WHEREAS, Ordinance No. OS-166, as codified in chapter 2, article 42, of the Hawaii County Code 1983 (2005 Edition, as amended) established the Public Access, Open Space, and Natural Resources Preservation Commission; and WHEREAS, Ordinance No. OS-166, as codified in chapter 2, article 42, of the Hawaii County Code 1983 (2005 Edition, as amended) also established the Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, section 2-217(1) of the Hawaii County Code 1983 (2005 Edition, as amended) provides that the Public Access, Open Space, and Natural Resources Preservation 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 within six months of being confirmed to the commission by the council. Priorities shall be listed on an island-wide rather than district basis. The list shall include the significance of each parcel or entitlement identified, the reason for its priority, and its anticipated use after acquisition."; and WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Commission forwarded its initial list to the Mayor on April 5, 2006, establishing the purchase of Punalu`u Beach Park and adjacent lands as the number five priority, assigning it a 70 per cent criteria score; and WHEREAS, the Punalu`u Beach Park and adjacent lands identified for preservation are comprised of four tax map key parcels totaling 10.195 acres, more specifically designated as TMK: 9-6-001:006, consisting of approximately 5.992 acres, TMK: 9-6-0O1:Oll,consisting of approximately 0.442 acres, TMK: 9-6-001:012, consisting of approximately 0.188 acres, and TMK: 9-6-00] :003, consisting of approximately 3.573 acres, as shown on the map attached hereto as Exhibit "A"; and WHEREAS, the County currently leases a portion of the subject lands for public restrooms, showers, picnic tables, pavilions, and camping areas; and WHEREAS, the Mayor forwarded the report of the Public Access, Open Space, and Natural Resources Preservation Commission along with his recommendations to the Hawaii County Council on May 18, 2006, prioritizing Punalu`u Beach Pazk and adjacent lands as the Number Two priority for purchase, citing the fact that permanent ownership would enable the County to develop long-term park improvements and infrastructure; and WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Commission identified the significance of the area's coastal, natural, and cultural resources and the vital public access it provides for recreational uses and traditional and cultural practices; and WHEREAS, given the area's easily accessible shoreline, its cultural significance, its historic use as a park, and its importance as a native habitat for the Green Sea Turtle (honu) and nesting area for the Hawksbill Turtle (honu`ea), purchase of the above listed acreages is important to ensure that Punalu`u Beach Park and its adjacent lands are held in perpetuity to preserve public access, open space, and natural resources for area residents and the Native Hawaiian community and to preserve endangered species habitats and pristine ocean water quality; and WHEREAS, subsection 2-218(a) of the Hawaii County Code 1983 (2005 Edition, as amended) provides, in pertinent part: "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."; and WHEREAS, funds in the Public Access, Open Space, and Natural Resource Preservation Fund will be used to leverage funding from the Hawaii State Forestry Program and the Federal Forest Legacy Program; and WHEREAS, to ensure that public interests are served into the future, the Ka`u Preservation Society is currently working on a management agreement and plan for Punalu`u Beach Park and its adjacent lands. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to Ordinance No. OS-166, the Director of Finance is hereby authorized to enter into negotiations for the acquisition of Punalu`u Beach Park and adjacent lands identified by the following tax map key parcels totaling approximately 10.195 acres: TMK 9-6-001:006 consisting of approximately 5.992 acres, TMK: 9-6-001:011 consisting of approximately 0.442 acres, TMK: 9-6-001:012 consisting of approximately 0.188 acres, and TMK: 9-6-001:003 consisting of approximately 3.573 acres. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of Punalu`u Beach Park and adjacent lands identified herein in accordance with the terms of Ordinance No. OS-166. 2 BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to Mayor Harry Kim; the Finance Director; the Public Access, Open Space, and Natural Resources Preservation Commission; U. S. Senator Daniel Inouye; U. S. Senator Daniel Akaka; U. S. Representative Neil Abercrombie; and U. S. Representative Ed Case. Dated at ,Hawaii, this day of 2006. INTRODUCED BY: COUNCIL MBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE Cotmty of Hawaii AYES NOES ABS Ex H110, H&Wal`I ARAKAKI HIGA I hereby certify that the foregoing RESOLUTION was by HOFFMANN the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH County of Hawaii on [KEDA ISBELL ATTEST: JACOBSON PILAGO SAFARIK Reference: C-1064/F'C COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ 6 3 F ~ b 1 i ~ A ~ Nn - { -.w i., ~ RI t ~ ' ~ M1{4 ~ , S.~ f. v 7i a: G~ 4xX ~ OL S ZIL t3 y TTl~.c: )-(.-001:00(, Q~ 96-OO1:U11