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Home My WebLink AboutCOM 0257.005 2008-2010 oJ~1r.o~ New. Phone: (808)326-5684 BRENDA J. FORD Fax: (808)329-4786 Council Member E-Mail: bford@co.hawaii.hi.us District 7 - Central Kona 'r• a.'~•" HAWAII COUNTY COUNCIL r. County of Hawai `i rt -c Kailua Trade Center 75-5706 Hanama Place, Suite 109 ^3 Kailua-Kona, Hawai'i 96740 May 7, 2009 c.3 i . s, cn TO: J. Yoshimoto, Chairperson, and Members of the Hawaici County Council FROM: Brenda J. Ford, Council Member (%~~4s~ _p SUBJECT: Proposed Amendment to Resolution 105-09, Open Space Land Acquisition, Requiring the Hawaici County Council to Establish the Prioritized List of Properties. Attached please find proposed amendments to Resolution No. 105-09. The amended table provides the complete list of authorized land acquisition properties that have been adopted via resolution and includes the date in parenthesis when it was approved by the County Council. This table does not include parcels already purchased by the County. While this table lists properties in order of resolution only, it is the County Council that will decide the priority of each parcel. Resolution No. 105-09 is amended as indicated below. Ramseyer format is applied with respect to the contents of Resolution No. 105-09; material to be deleted is bracketed and stricken through, material to be added is underlined. 1. The fourth whereas clause is amended to read as follows: "WHEREAS, pursuant to Section 2-218(a), Hawaici County Code 1983 (2005 Edition, as amended), the Public Access, Open Space and Natural Resources Preservation Commission has submitted its island- wide prioritized list of qualifying lands worthy of preservation to the Mayor and the Mayor has submitted his recommendation on this report of the Commission to the [this] Council (Communication 115); and 2. The sixth whereas clause is amended to read as follows: "WHEREAS, the Council of the County of Hawaii has adopted resolutions for the acquisition and preservation of properties to be financed in accordance with the terms of Ordinance No. 05-166, , I(Resolution No. 427 06 for the aequisition of the Mzaipi'o Lookout Point (Riee Pr-operty) Resolution No. 404 06 foF the nequisition of the Puapus'a Properties, Resolution No- 451- 06 Mr t Kawo'aiKowa'a Bay , Resolution 240 07 for- the oequisition of , , Reso'ution No. 286 07 for the nequisifien of WaPele Pareel(s), Resolution No. 287 07 for- thee aequisition of Honolulu Landing Pareel(s), Resolution No. 288 07 for the aequisition of Cap Resolution 616 08 for- the aequisition of Pa'o'o Ahupun'n Pareel(s), and , comm tv3.T Ref. To: Serving the Interests of the People of Our Islam! Ref. Uate MAY Q 7 ZQQg Hawaii Cnuntv Is An Faual Onnortunity Provider And Etnvlover May 7, 2009 Page 2 Resolution 644 08 for- the nequisition of Kaiholeno Ahupua'a Par-eel(s)) ] as itemized below in the table titled "Prioritization List for Land Acquisition'; and 3. The Be It Resolved clause is amended to read as follows: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAIGI, that the prioritized list for acquisition of land financed in accordance with the terms of Chapter 2, Article 42 of the Hawaii County Code 1983 (2005 Edition, as amended), and established by Resolution No. 296-07, be amended as follows: 11) The aequis-ion Of Knwa'aXaiva'a Bay; 2) T6 't' °f the P..G..'a Al.....a P reet• e 3) The nequisition of the 1-4-Fine'uh, Landing f A\ The ition of the Mlai'ele P........1. and 5) The aequisition of the Puapun'a Properties. Prioritization List for Land Acquisition Former Approx. Acreage Priori Acquisition of: District i Parcel TMK # Res. # Name A Passed on: Puapua`a North 7 7-5-020:024, 028, & 404-06 3,.03, 5.3 = 8.33 Kona 034 (09-07-06) Kawa & Kawa`a Ka`0 6 9-5-017:005 & 9-5- 451-06 363.2, 106.4, 80.3 016:025,006 10-16-06 = 549.9 Wai`ele Puna 5 1-4-003:003 & 037 286-07 113.6, 51.7 = 09-06-07 165.3 Punalu`u Beach Ka`u 6 9-6-001: 003, 006, 169-07 3.6, 5.9, .44, .19 = Park & Adjacent 011,012, & various (09-19-07) 10.13 Lands coastal parcels Honolulu Puna 5 1-4-003:019 & 020 287-07 15,334 =349 Landing (09-06-07 Cape Kumukahi Puna 5 1-4-002:052 288-07 80.73 09-06-07 Pa`o`o North 9 5-7-001:005 616-08 10.61 Kohala 05-07-08) Kaiholena North 9 5-8-001: 011, 019, 644-08 71, 44, 36, 37, 39, Kohala 020, 021, 022, 023 (06-03-08) 34 = 261" A draft copy of Resolution No. 105-09, Draft 2, which will allow the Council to establish the prioritized list of properties is attached with proposed amendments incorporated. BF/dkr att. A RESOLUTION TO AMEND RESOLUTION NO. 296-07, WHICH PRIORITIZED LANDS TO BE ACQUIRED PURSUANT TO HAWAII COUNTY CODE SECTION 2-218, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED). WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund was established in 2005, by Ordinance No. 05-166, 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, pursuant to Section 2-218(a), Hawaii County Code 1983 (2005 Edition, as amended), the Public Access, Open Space and Natural Resources Preservation Commission has submitted its island-wide prioritized list of qualifying lands worthy of preservation to the Mayor and the Mayor has submitted his recommendation on this report of the Commission to the Council (Communication 115); and WHEREAS, Section 2-218(a), Hawaii County Code 1983 (2005 Edition, as amended), provides, in pertinent part, that: "The Council shall, by resolution, select the land or lands to be preserved;" and WHEREAS, the Council of the County of Hawaii has adopted resolutions for the acquisition and preservation of properties to be financed in accordance with the terms of Ordinance No. 05-166, as itemized below in the table titled "Prioritization List for Land Acquisition"; and WHEREAS, the County of Hawaii has completed its purchase(s) of Waipi`o Valley (Rice Property) in October, 2007, and one of the four parcels at Kawa`a being parcel TMK: 9-5-017:007 consisting of approximately 234 acres in January, 2008; and WHEREAS, Resolution No. 544-06 (adopted on November 29, 2006) and Resolution No. 296-07 (adopted on August 22, 2007) provided for prioritization of lands to be acquired, both of which are to be superseded with the adoption of this resolution; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the prioritized list for acquisition of land financed in accordance with the terms of Chapter 2, Article 42 of the Hawaii County Code 1983 (2005 Edition, as amended), and established by Resolution No. 296-07, be amended as follows: Prioritization List for Land Acquisition Resolution Approx. Acquisition of: District Parcel TMK # No. Acreage Name Q Passed on: a Puapua`a North Kona 7 7-5-020:024, 028, & 404-06 3, .03, 5.3 = 034 (09-07-06) 8.33 Kawa & Ka`u 6 9-5-017:005 & 451-06 363.2, 106.4, Kawa`a 9-5-016: 025, 006 (10-16-06) 80.3 = 549.9 = Wai`ele Puna 5 1-4-003:003 & 037 286-07 113.6, 51.7 (09-06-07) 165.3 Punalu`u Beach Ka`u 6 9-6-001: 003, 006, 011, 169-07 3.6, 5.9,.44, Park & 012, & various coastal (09-19-07) .19 = 10.13 Adjacent Lands parcels Honolulu Puna 5 1-4-003:019 & 020 287-07 15,334 = 349 Landing (09-06-07) Cape Kumukahi Puna 5 1-4-002:052 288-07 80.73 (09-06-07) Pa`o`o North 9 5-7-001:005 616-08 10.61 Kohala (05-07-08) Kaiholena North 9 5-8-001: 011, 019, 020, 644-08 71, 44, 36, 37, Kohala 021, 022, 023 (06-03-08) 39,34-261 BE IT FURTHER RESOLVED that the adoption of this resolution hereby amends the prioritization lists set forth in Resolution No. 544-06 and Resolution No. 296-07. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Mayor and the Director of Finance.