HomeMy WebLinkAboutRES 106 Draft 01 2008-2010OFFICE INFORMATION ONLY
Meeting:
June 2, 2009 -Council Meeting (15t~ Session)
Action:
Close file -June 2, 2009
May 20, 2009 -Postponed to June 2, 2009, Council meeting
Re:
Resolution 106-09/G258/FG58
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 106 09
A RESOLUTION DIRECTING THE COUNTY TO ENTER INTO NEGOTIATIONS
FOR THE IMMEDIATE PURCHASE OF OPEN SPACE PROPERTY CURRENTLY
FOR SALE AND WHOSE OWNERS ARE WILLING TO SELL TO THE COUNTY OF
HAWAII USING THE TWO PERCENT (2%) OPEN SPACE PRESERVATION FUNll.
WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Pund
was established in 2005, by Ordinance No. OS-166, as codified in Chapter 2, Article 42, of the
Hawaii County Code 1983 (2005 Edition, as amended); and
WHEREAS, Section 2-215, Hawaii County Code 1983 (2005 Edition, as amended),
provides for the establishment of a Public Access, Open Space, and Natural Resources
Preservation Commission (hereinafter the "Commission"); and
WHEREAS, Section 2-217(1), Hawaii County Code 1983 (2005 Edition, as amended),
provides that among the duties and responsibilities of the Commission is the development and
submittal to the Mayor of an island-wide prioritized list of qualifying lands worthy of
preservation; and
WHEREAS, the Hawaii County Public Access, Open Space, and Natural Resources
Preservation Commission issues a yearly Prioritized List of proposed properties for acquisitions
based on highest ratings for criteria as stated in the Open Space Ordinance in Section 2-214 (d):
for public recreation and education, access to beaches and mountains, preservation of cultural
sites, protect natural resources, watersheds and preserve forests, beaches, coastal areas and
agricultural lands; and
WHEREAS, Communication No. 909 dated May 18, 2006 being the 2006 Annual
Report of the Public Access, Open Space and Natural Resources Preservation Commission
submitted to the Hawaii County Council, transmitted the Commission's recommendations for
the 2006 priority list; and
WHEREAS, the 2006 Annual Report stated that the Puapua`a properties as adopted by
Resolution No. 404-06 ranked as number four on the priority list; and
WHEREAS, Communication No. 1054 dated February 25, 2008 being the "2007 Annual
Report from the Public Access, Open Space and Natural Resources Preservation Commission"
to the Hawaii County Council, transmitted the Commission's recommendations For the 2007
priority list; and
WHEREAS, the 2007 Annual Report stated that Puapua`a Properties as adopted by
Resolution No. 404-06 ranked as number one, and the Kaiholena property as adopted by
Resolution No. 644-08, ranked as number nine on the priority list; and
WHEREAS, Communication No. 115 dated February 9, 2009 being the "2008 Annual
Report to the Mayor from the Public Access, Open Space and Natural Resources Preservation
Commission" to the Hawaii County Council, transmitted the Commission's recommendations
for the 2008 priority list; and
WHEREAS, the 2008 Annual Report stated that the Pa`o`o property as adopted by
Resolution No. 616-08 ranked as number one, and the Puapua`a properties as adopted by
Resolution No. 404-06 ranked as number 5 on the priority list; and
WHEREAS, these three properties (Pa`o`o property being TMK 5-7-01:05; Puapua`a
properties being TMK 7-5-020:024; 028; and 034 respectively; and the Kaiholena property being
TMK 5-8-01:11 and 5-8-01:19-23, are currently for sale; and
WHEREAS, the Hawaii County Council has approved Resolutions No. 404-06 for the
acquisition of the Puapua`a properties, Resolution No. 616-08 for the acquisition of the Pa`o`o
property, and Resolution No. 644-08 for the acquisition of the Kaiholena properties, all
authorizing the Director of Finance to enter into negotiations for the acquisition of the above
properties; and
WHEREAS, the owner of the Pa`o`o property has indicated, in writing, a willingness to
enter into negotiations for the sale of this property to the County; and
WHEREAS, time is of the essence, as said properties may be sold and can currently be
purchased by other private entities for development; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII directing
the Director of Finance to enter into negotiations for the immediate purchase of open space
properties being the Pa`o`o property, the Puapua`a properties, and the Kaiholena properties, that
are currently for sale with land owners who are willing to sell to the County of Hawaii using the
two percent (2%) open space preservation fund.
BE IT FINALLY RESOLVED that the County Clerk shall forward certified copies of
this resolution to the Honorable Mayor William Kenoi and to the Finance Director.
Dated at
Hawaii, this day of
2009.
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii
1 hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on
ATTEST:
AYES NOES ABS EX
ENRIQUES
FORD
GREENWELL
HOPFMANN
IKEDA
NAEOLE
ONISIiI
YAGONG
YOSHIMOTO
Reference: C-258/F'C
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 1.06 O9
TNTTR(ITIT if FTl RV•