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Home My WebLink AboutCOM 0258.025 2008-2010PETE HOFFMANN Vice Chair District 9-North & South Kohala Hawai `i County Council County of Hawai `i Holomua Center 64-/067 M6ma[ahoa Highway, Suite C-5 Kamuela, Hawaii 96743 TO: J Yoshimoto, Council Chair and Members of the Hawaii County Council FROM: Pete Hoffm ouncil Vice Chair Date: May 118, 2009 _,_ - - ~ - ~ - ~' _.. cn t `. ~ __ ;~ Subject: Proposed Amendment to Resolution No. 106-09 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 Using the Two Percent (2%) Open Space Preservation Fund Resolution No. 106-09 directs the County to immediately enter into negotiations with willing sellers of open space property that have been ranked within the top five (5) highest priorities for open space purchase, in both previous and current Open Space Commission Reports, using the Public Access, Open Space and Natural Resources Preservation Fund. The proposed amendments remove any note to the purchase of the Kaiholena property from the resolution, such as to complete Resolution 105-09. 1. In the 6ch WHEREAS clause, the amendments should read as follows: "WHEREAS, in the 2006 Annual Report, [stat°~a,"~] the Puapua`a properties [as-adapted-ky o,...,.t..,:,.., r,,. non n~] ranked as number four on the priority list; and" 2. In the 7th WHEREAS clause, the amendments should read as follows: "WHEREAS, Communication No. 1054 dated February 25, 2008 being the [-`]2007 Annual Report .from the Public Access, Open Space and Natural Resources Preservation Commission['-']submitted to the Hawaii County Council, transmitted the Commission's recommendations for the 2007 priority list; and" 3. In the 8th WHEREAS clause, the amendments should read as follows: __. _ ---. Serving [he /nterests ojthe People ojOur Island Ref. L`a4e Hawaii County is an Equal Opportunity Provider and Employer Phone: (808) 887-2093 (Waimea) (808J 96]-8273 (Hilo) Fax: (808) 887-2072 ~"' Email: phoffmc„r~nw aco.hawaii.hi~us v co ~) -n :1 % `j f __ __ ~_ - CC• Page 2 of 2 "WHEREAS, in the 2007 Annual Report, [°'^'.y~a «a"R^n] Puapua`a Properties [as-adapted-by ] ranked as number one [, a «"^ u^:"°'°~^ ~ ~°.~. ^`'°~'°`' ". °°"°'"''°" rr° inn nQ i a ...."°.. ..:.,° ., «"^.. .:.., i:..«]; and, 4. In the 9`h WHEREAS clause, the amendments should read as follows: "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['-']submitted to the Hawaii County Council, transmitted the Commission's recommendations for the 2008 priority list; and" 5. In the 10°i WHEREAS clause, the amendments should read as follows: "WHEREAS, the 2008 Annual Report stated that the Pa`o`o property [^^ ^a°~'^~' "~ °°^°'~"~°~ i'Ie:-6-1H-08] ranked as number [axe] two, and the Puapua`a properties (^^ ^a^~'°a "~~ °°^^'^'~^^ Tr„ nnn 06] ranked as number [~] five on the priority list; and" 6. In the 11`h WHEREAS clause, the amendments should read as follows: "WHEREAS, these [three] two properties (Pa`o`o property being TMK 5-7-01:05; Puapua`a properties being TMK 7-5-020:024; 028; and 034 respectively[; °~a «"° v°~"°'°~° ~~°~°~'° "°~~~~ Tr,rrr~ e m ;, , ^~a c o n, ., n ~~ ]are currently for sale; and" 7. In the 12`h WHEREAS clause, the amendments should read as follows: "WHEREAS, the Hawaii County Council has approved Resolution[s] No. 404-06 for the acquisition of the Puapua`a properties[,] and Resolution No. 616-08 for the acquisition of the Pa`o`o property, r ,+ n i..«:,... rr° inn no r°_ +"° ..:«:,.., „t' rt,° a°:",.r°na proY„rti°`] all authorizing the Mayor's administration or the Director of Finance to enter into negotiations for the acquisition of the above properties; and" 8. In the first BE IT RESOLVED clause, the amendments should read as follows: "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[;] and the Puapua`a properties, [^~a '"° Tr^~"^'°~^ ^~^~°~'~°° ] 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." A clean copy of Resolution No. 106-09, Draft 2, is attached with the proposed amendments contained in this communication incorporated. Ramseyer format was used for illustrative purposes only. Thank you. PH/kf Att. 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 FUND. WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund 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, in the 2006 Annual Report, the Puapua`a properties 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 submitted to the Hawaii County Council, transmitted the Commission's recommendations for the 2007 priority list; and WHEREAS, in the 2007 Annual Report, Puapua`a Properties ranked as number one; 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 submitted 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 ranked as number two, and the Puapua`a properties ranked as number five on the priority list; and WHEREAS, these two properties (Pa`o`o property being TMK 5-7-01:05; Puapua`a properties being TMK 7-5-020:024; 028; and 034 respectively) are currently for sale; and WHEREAS, the Hawai` i County Council has approved Resolution No. 404-06 for the acquisition of the Puapua`a properties and Resolution No. 616-08 for the acquisition of the Pa`o`o property, all authorizing the'Mayor's administration or 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 maybe 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 and the Puapua`a 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.