HomeMy WebLinkAboutCOM 0358.001 2008-2010
KENNETH G. GOODENOW it os N RODNEY OSHIRO
County Clerk 8••;~~ . '~'i,~ Deputy County Clerk
Mailing Address: S!; r.;!'
(Former County Building) art o~'N~•~ Business Address:
25 Aupuni Street 333 Kilauea Avenue, Second Floor
Hilo, Hawai `i 96720 Ben Franklin Building
County of Hawai `i Hilo, Hawai'i 96720
Office of the County Clerk
Telephone: (808) 961-8255 Facsimile: (808) 961-8912
May 26, 2009 0
To: J Yoshimoto, Chair
And Members of the Hawaii County Council
From: Kenneth G. Goodenow, County Clerk rv
Subject: Proposed Amendment to Resolution No. 178-09
Attached please find a proposed amendment to Resolution No. 178-09. An error in processing this
resolution resulted in the accidental omission of necessary text. I am hereby requesting that the Finance
Committee amend Resolution No. 178-09 as follows:
1. Making a grammatical correction in the title of the resolution by inserting a comma between the
number "2" and the word "Article."
2. Inserting the following text after the last "Whereas" clause:
`BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Director of Finance is to enter into negotiations for the acquisition of TMK's 1-3-1:74 and
1-3-1:83 known as the Pahoa Steam Vents, in the interest of preserving this magnificent natural
resource.
Comm. No. 3 8•
Ref. To: L
Ref. Dote JUN 0 1 200
Serving the Interests of the People of Our Island
Hawai'i County is an Equal Opportunity Provider and Employer
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR ACQUISITION OF TMK(s) 1-3-1:74 AND 1-3-1:83, KNOWN AS
THE PAHOA STEAM VENTS, IN THE DISTRICT OF PUNA PURSUANT TO
CHAPTER 2, ARTICLE 36, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,
AS AMENDED).
WHEREAS, Chapter 2, Article 36, of the Hawaii County Code 1983 (2005 Edition, As
Amended), established the Geothermal Relocation and Community Benefits Program; and
WHEREAS, pursuant to Section 10-12, Hawaii County Charter, the special fund known
as the Geothermal Relocation and Community Benefits Fund is administered by the planning
department; and
WHEREAS, pursuant to Chapter 2, Article 36, Section 2-181(5), allowable expenditure
for public purposes relating to the Geothermal Relocation and Community Benefits program
includes expenditure for land acquisition by way of appropriation adoption by the Hawaii
County Council after receipt of recommendations from the Planning Director; and
WHEREAS, in 1978, the people of Hawaii emphasized the importance of protecting
Hawai`i's natural beauty by adding Article XI, Section 1, to the Constitution of the State of
Hawaii, which states "For the benefit of present and future generations, the State and its
political subdivisions shall conserve and protect Hawai`i's natural beauty and all natural
resources..."; and
WHEREAS, the Pahoa Steam Vents possess exceptional value for the Big Island as their
purchase will leave Hawaii well positioned to attract tourist dollars as the awe inspiring beauty
of these natural steam saunas are very popular among visitors to Hawaii; and
WHEREAS, the issue of insurance and liability is addressed by Act 152 which affords
liability protections and reduces the exposure of the State and County governments to keep
recreational area and public beach parks with potentially dangerous natural conditions open to
the public; and
WHEREAS, Act 82 provides for a system of warning signs to increase public safety, in
turn protecting the County from unlimited liability arising out of recreational activities on public
lands; and
WHEREAS, the preservation of the Pahoa Steam Vents property will continue to foster a
healthier community, increase quality of life and recreation sustainability for generations to
residents and visitors of the Big Island of Hawaii; now, therefore
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Director of Finance is to enter into negotiations for the acquisition of TMK's 1-3-1:74 and
1-3-1:83 known as the Pahoa Steam Vents, in the interest of preserving this magnificent natural
resource.
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to the Mayor and the Director of Finance.