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Home My WebLink AboutRES 169 Draft 03 2006-2008 ~~~,;,•1?v er l' •4 COUNTY OF HAWAII STATE OF HAWAII •J. ~ ~iry•~ w~ei~ RESOLUTION NO. 169 07 ( DRP.ET 3 ) 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 April 5, 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 forwarded 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 Preservation Commission identified the significance of the azea's coastal, natural, and cultural resources and its public access for recreation, and; .,..~w......,..~......e..~ 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 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 azea shall commence at the certified shoreline extending at least 2000 feet inland, and shall include approximately150aaes, 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 parking related to those occupied pazcels; and WHEREAS, portions of the properties to be acquired are 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 the 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 azea 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, and/or private funds"; and WHEREAS, to ensure serving the public interests in accessing and utilizing the Punalu`u azea into the future, community members, community groups, governmental entities, professionals, academics, and other people with expertise in: economics, education, Hawaiian cultural practices, marine biology, community building, facility management, shoreline management, fishpond and wetlands restoration, azcheology, public safety, fundraising and other pertinent skills are encouraged to work together to form anon-profit organization whose sole purpose is the conservation and park management of Punalu`u Bay and shoreline park azeas. Many community members and professionals have been working on a management agreement and plan for the area that will include best practices for resource management and use. The community is invited to work with park professionals, with the scientific and educational community, and other grassroots community members to promote good management of the Punalu`u resource; 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 forward a certified copy of this resolution to the Department of Land and Natural Resources for commencement of a shoreline certification for this area. 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, 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 FURTHER RESOLVED the Hawaii County Council welcomes individuals who are willing to share their expertise and engage with others in an open process to form a new non- profit solely dedicated to the management of new Punalu`u Park; and BE IT FURTHER RESOLVED that discretionary funds from District 6 shall be provided for facilitation services through Research and Development or by contract if the community desires help in building a community based non-profit organization; and BE IT FURTHER RESOLVED that the Hawaii County Department of Parks and Recreation and Hawaii County Land Management Division shall select a community based non- profit organization to manage this park that contains diverse community membership with expertise in the following areas: economics, education, Hawaiian cultural practices, mazine biology, community building, facility management, shoreline management, fishpond and wetlands restoration and conservation, azcheology, public safety, fundraising and other pertinent skills needed to manage this public resource; 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. Dated at Kona , Hawaii, this 19th day of Septanber2007 INTRODUCED BY: COUNC EMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS Ex Hilo, Hawaii PoRD X HIGA g I hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated [o the right hereof adopted by the COUNCIL of [he IKEDA County ofHawai`ion September 19, 2007 X JACOBSON X NAEOLE X ATTEST: PILAGO X YAGONG g YOSHIMOTO X 5 4 0 0 Reference: C-349.543/F'C-129 CO TY CLERK A & R SIQING OFFICER RESOLUTION NO. 169 O'"I