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Home My WebLink AboutCOM 0349.062 2006-2008 ~vw„ BOB JACOBSON y~_ ~ 333 f~auea Avenue_ Second Fkwr • Ben Franklin Building. Hilo. Hae~a:'~ 9(72U Councilmember ' Mailing Address: 25 Aupuni Street, Snite 200 Chair, EmdronmentalManagement Committee ?•.,,,,M!+ phone: (808) 961-8263 Vice-Chair, Finance Committee `Of~x`' < < Fas: (808) Xil-8J12 E-Mail: _paco'crco-ha~caii.hi.us HAWAII COUNTY COUNCIL ('ountr of Hmrai `i MEMORANDUM - ; May 28, 2007, ~ _ r~ To: Pete Hoffinann, Council Chair and members of the County Council From: Bob Jacobson, Council Member District 6 - Re: Proposed amendments to Resolution 169-07, Draft 2 I am writing to propose the following amendments to Resolution 169-07 Draft 2. After discussions with the office of the Corporation Counsel and the Finance Department it was determined that certain TMK numbers needed to be removed because they are not in the project site and others added that were found to be in the project site, as reflected below: TMK numbers removed: 9-6-004-004; 9-6-001-005; 9-6-019-011 and 9-6-019-014. TMK numbers added: 9-6-019-011; 9-5-019-026, and 9-6-002-038 (except for that portion of the property with the established residence consisting of one single-family home). Also, the word "district" was misspelled in the 1 I"' Whereas clause. This proposed amendment rectifies that and some other minor style/housekeeping issues. If you have any questions or concerns please feel free to contact me at any time. K~ ~Mahalo, Bob J o son, Council Member Hawaii County Council, District 6 BJ/bl Encl. Comm. No. ~ ' ~ Z Ref. To: Distric76-UpperPunu,%a`ei,and.S'outhKona Ref. Date.Jllti C) 4 9f107 Hmvai'i County Is An Equa! Opportunit}' Prm~ider And Emploper A RESOLUTION AUTHORIZING THE DIRECTOR 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 Apri15, 2006, establishing the purchase of Punalu`u Beach Park 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 Park 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 Freservation 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 area for `ua`u (Hawaiian Petrel) and `ake`ake (Band-romped Storm- petrel), as well as its general location in the region, ensuring this area 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 approximately150aoes, 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 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;9-6-001-006;9-6-001-011;9- 6-001-012; 9-6-001-013; 9-6-002-008; 9-6-002-037; 9-6-002-038 (except for that portion of the property with the established residence consisting of one single family home); 9-6-002-041; 9-6-002-053; 9-5-019-011; 9-5-019-015; 9-5-019- 026; 9-5-019-035 and this area is also known as Punalu`u Beach Park, Ninole Pond and Adjacent Lands, in the district 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, andfor private funds"; and WHEREAS, to ensure the public interests in accessing and utilizing the area 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 Park, Ninole Pond and Adjacent Lands, pursuant to the terms of this resolution; and _ BE IT 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; and 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 Pazk, Ninole Pond and Adjacent Lands, in accordance with Chapter 2, article 42, relating to the Public Access, Open Space, and Natural Resources Preservation Fund; and 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, the Director of the Department of Land and Natural Resources, Senator Daniel Inouye, Senator Daniel Akaka, Congressman Neil Abercrombie, and Congresswoman Mazie Hirono.