HomeMy WebLinkAboutRES 169 Draft 01 2006-2008 a
COUNTY OF HAWAII STATE OF HAWAII
•~N N~~`
RESOLUTION NO. 1'69 U7
A RESOLUTION AUTHORIZING THE DIItECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF PUNALU`U BEACH PARK, NINOLE
POND AND ADJACENT LANDS IN THE DISTRICT OF KA`IJ, PURSUANT TO
ORDINANCE NO.OS-166.
WHEREAS, Ordinance No. OS-166, as modified in chapter 2, article 42, Hawaii
County Code, established the Public Access, Open Space, and Natural Resources
Preservation Commission; and
WHEREAS, Ordinance No. OS-85, as modified in section 2-214, Hawaii County
Code, established the Public Access, Open Space, and Natural Resources Preservation
Fund; and
WHEREAS, section 2-217, Hawaii County Code, 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 Priorities shall be listed on an island-
wide rather than district basis...: and
WHEREAS, the Public Access, Open Space, and Natural Resources Preservation
Commission did forward its initial list to the Mayor on Apri15, 2006, establishing the
purchase of Punalu`u Beach Pazk and adjacent lands, as the number three priority, and
assigning it a 70% criteria score; and
WHEREAS, the Mayor forwazded the report of the Public Access, Open Space,
and Natural Resources Preservation Commission along with his recommendation to the
Hawaii County Council on May 18, 2006, that Punalu`u Beach Pazk and adjacent lands,
become the number two priority for purchase, citing their high potential for development;
and
WHEREAS, the County currently leases some of this land for restrooms,
showers, picnic tables, pavilions and camping azeas, and the Public Access, Open Space,
and Natural Resources Preservation Commission identified the significance of the azea's
coastal, natural, and cultural resources and its public access for recreation; and
WHEREAS, because of its cultural significance, easily accessible shoreline,
historic use as a park, importance as habitat for the Green Sea Turtle (honu), nesting use
by the Hawksbill Turtle (honu`ea), use for overflights and as a nesting area for `ua`u
(Hawaiian Petrel) and `ake`ake (Band-nunped Storm-petrel), as well as its general
location in the region, ensuring this azea is held in perpetuity as Open Space is critical for
the surrounding community, azea residents and the Native Hawaiian community, as well
as to preserve endangered species habitat and pristine ocean water quality; and
WHEREAS, section 2-218 (a), Hawaii County Code, states "...Where there aze
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, in the interest of protecting the delicate shoreline from development
and destruction, county ownership of this azea shall commence at the certified shoreline
extending at least 2000 feet inland, and shall include approximately150acrw, including
all lands within 2000 feet of the certified shoreline, bounded on the south by TMK 9-5-
019-028 and bounded on the north by TMK 9-6-002-006, that aze not currently occupied
with homes, condos or golf clubhouse or parking related to those occupied parcels; and
WHEREAS, portions of the properties to be acquired aze covered by TMK(S): 9-
6-001-001;9-6-001-002;9-6-001-003; 9-6-001-004;9-6-001-005;9-6-001-006;9-6-001-
008;9-6-001-009;9-6-001-010; 9-6-001-011;9-6-001-012;9-6-001-013;9-6-002-008;
9-6-002-037;9-6-002-041; 9-6-002-053;9-6-019-011; 9-6-019-014; 9-5-019-015;9-5-
019-035 and this azea is also known as Punalu`u Beach Park, Ninole Pond and Adjacent
Lands, in the distict of Ka`u; and
WHEREAS, section 2-217 (A) provides that, "The commission shall give
emphasis to land acquisitions where the County's contribution can be leveraged to obtain
State, Federal, and/or private funds"; and
WHEREAS, to ensure the public interests in accessing and utilizing the azea aze
served into the future, Ka`u Preservation Inc. is currently working on a management
agreement and plan for the azea, that will include best practices for resource management
and use; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII
that the Director of Finance shall enter into negotiations for the acquisition of Punalu`u
Beach Pazk, Ninole Pond and Adjacent Lands, pursuant to the terms ofthis resolution.
BE IT FURTIIER RESOLVED that the County Clerk will forwazd a certified
copy of this resolution to the Department of Land and Natural Resources for
commencement of a shoreline certification for this azea.
BE IT FURTHER RESOLVED that the Director of Finance is hereby
authorized to initiate any funding mechanisms required for the acquisition ofPunalu`u
Beach Park, Ninole Pond and Adjacent Lands, in accordance with Chapter 2, article 42,
relating to the Public Access, Open Space, and Natural Resources Preservation Fund.
2
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of
this resolution to the Mayor, the Director of Finance, Governor Linda Lingle, Department
of Land and Natural Resources Director Peter Young, Senator Daniel Inouye, Senator
Daniel Akaka, Congressman Neil Abercrombie, and Congresswoman Mazie Hirono.
Dated at , Hawaii, this day of 2007
INTRODUCED BY:
COUNCIL MBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
COlmty Of H8Wa1`1 AYES NOES ABS EX
Hilo, Hawaii FORD
HIGA
I hereby certify that [he foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCB. of the IKEDA
County of Hawaii on
IACOBSON
NAEOLE
ATTEST: Pll.AGO
YAGONG
YOSHIMOTO
Reference: C-349/FC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 169 U 1
3