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HomeMy WebLinkAboutCOM 0140.002 2010-2012 J ��Y OS c ....... ....................... bsmart @co.hawaii.hi.us BRITTANY SMART °: ' �� Phone: (808) 961 -8263 Councilmember ; • : ,• Fax: (808) 961 -8912 Hawai `i County Council - re• 'oF'N... Hawai `i County Council County of Hawai `i 25 Aupuni Street Hilo, Hawaii 96720 DATE: April 8, 2011 TO: Dominic Yagong, Council Chair and Members of the Hawai`i County Council FROM: Brittany Smart, Council Member SUBJECT: Proposed Amendment to Resolution No. 49 -11. Please find attached a proposed amendment to Resolution No. 49 -11. The proposed amendment is illustrated below by Ramseyer format with respect to Resolution No. 49 -11, and bolded for illustrative purposes. The proposed amendment is: The ninth "WHEREAS" clause is amended as follows: WHEREAS, this [P]property contains a [major public right of way] heavily used private access road to Ka`u coastal lands and ocean resources, including portions of the "Road to the Sea" route; and A draft copy of Resolution No. 49 -11, Draft 2, is attached with the proposed amendment incorporated therein. BS:nh Comm. No. 14/0 - Ref. To Ref. Date APR 11 2011 Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer A RESOLUTION REQUESTING THAT THE MAYOR AUTHORIZE THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TMK (3) 9 -2- 001:075, SITUATED IN KAHUKU, KA`U, ALSO KNOWN AS THE KAHUKU COASTAL PROPERTY. WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund was established in 2005, by Ordinance No. 05 -85, as codified in chapter 2, article 42, of the Hawaii County Code 1983 (2005 Edition, as amended); and WHEREAS, section 2- 214(c), Hawaii County Code 1983 (2005 Edition, as amended), provides that the Public Access, Open Space, and Natural Resources Preservation Fund shall be used for acquiring lands or property entitlements in the County of Hawaii for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply; and WHEREAS, section 2 -217, Hawaii County Code 1983 (2005 Edition, as amended), provides in part that the Public Access, Open Space, and Natural Resources Preservation Commission shall develop and submit to the Mayor an initial list of qualifying lands worthy of preservation and further that the Commission shall update the list at any time, but at least annually by December 31 of each year; and WHEREAS, section 2- 218(a), Hawai`i 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 "[w]here there are multiple lands under consideration at any one time, priority shall be given to coastal lands... "; and WHEREAS, in its prioritized list to the Mayor dated December 28, 2009, the Commission awarded the Kahuku Coastal Property (also referred to as the "Sands of South Kona Parcel "), more particularly designated as tax map key parcel (3) 9 -2- 001:075 and comprised of approximately 3,127.95 acres, as shown on the map attached hereto as Exhibit "A" and by reference made a part hereof (hereinafter the "Property "), its fifth highest parcel for acquisition purposes; and WHEREAS, as mentioned in the Commission's 2009 Prioritized Properties list to the Mayor, this Property is next in line to purchase as the previous four parcels are now County property or in the process of being purchased; and WHEREAS, the Property is: 1. Presently for sale; 2. The property owner has paid for the County's appraisal of this parcel; 3. The property owner is willing to sell the parcel to the County at the appraised value; and WHEREAS, the Commission listed the following reasons for the Property's significance to the County of Hawai`i: 1. It contains numerous historical and cultural sites; 2. It has kipukas of native lowland dry forest ecosystems; 3. It harbors a complex of anchialine ponds and nesting habitats for the Hawksbill turtle, which is a federally listed endangered species; 4. It has over a mile of ocean frontage with accessible black sand beach for recreational use; and WHEREAS, this Property contains a heavily used private access road to Ka`u coastal lands and ocean resources, including portions of the "Road to the Sea" route; and WHEREAS, if the Property is purchased by a private party, the future use of this significant historical and cultural area may be determined by the purchaser, possibly without input from the residents of Ka`u and the Native Hawaiian community; and WHEREAS, the acquisition of the Property may be financed from the Public Access, Open Space, and Natural Resources Preservation Fund as set forth in chapter 2, article 42, Hawai`i County Code 1983 (2005 Edition, as amended); now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that, pursuant to section 2 -218, subsection (a) of the Hawai` i County Code and the terms of this resolution, the Mayor is hereby requested to authorize the Director of Finance to enter into negotiations for the acquisition of the Property, more particularly designated as tax map key parcel (3) 9 -2- 001:075 and comprised of approximately 3,127.95 acres, which was awarded the fifth highest criteria score by the Public Access, Open Space, and Natural Resources Preservation Commission on its prioritized list of qualifying lands worthy of preservation dated December 28, 2009. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of the Property in accordance with the terms of this resolution. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Honorable Mayor William P. Kenoi, the Director of the Department of Finance, and the owners of the Property.