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Home My WebLink AboutRES 169 Draft 02 2006-2008 COUNTY OF HAWAII STATE OF HAWAII ••a RESOLUTION NO. x.69 ~ (DRAFT 2) 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`U, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE. WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public Access, Open Space, and Natural Resources Preservation Commission; and WHEREAS, 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 forwazd its initial list to the Mayor on April 5, 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 the fact their high potential for development; and WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Commission did forwazd its updated list to the Mayor on December 27, 2006, establishing the purchase of Punalu`u Beach Park, Ninole Pond and adjacent lands, as the number four priority, and assigning it an 84% criteria score; 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 area'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 azea for `ua`u (Hawaiian Petrel) and `ake`ake (Band-romped 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, area 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) states "...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, in the interest of protecting the delicate shoreline from development and destruction, county ownership of this area shall commence at the certified shoreline extending at least 2000 feet inland, and shall include approximately150 acres, 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 are not currently occupied with homes, condos or golf clubhouse or pazking related to those occupied pazcels; 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 area is also known as Punalu`u Beach Pazk, Ninole Pond and Adjacent Lands, in the distict of Ka`ii; 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`ii Preservation Inc. is currently working on a rr~lnagement 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 and BE TT FURTHER 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 Duector of Finance is hereby authorized to initiate any funding mechanisms requited for the acquisition of Punalu`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. BE IT FINALLY RESOLVED that the County Clerk shall forwazd 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: COUNCI MBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE COUrity Of H3Wa1`1 AYES NOES ABS EX Hilo, Hawaii FORD HIGA I hereby certify that the foregoing RESOLUTION was by HOFFMANN the vote indicated to the right hereof adopted by the COUNCIL o([he IKEDA County of Hawaii on JACOBSON NAEOLE ATTEST: PILAGO YAGONG YOSHIMOTO Reference: C-349.1 FC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ (Draft 2)