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HomeMy WebLinkAboutRES 265 Draft 01 2010-2012 ////MtY Oi N`•COUNTY OF HAWAII :•• - /:•? STATE OF HAWAII ..GF•Ni i� . RESOLUTION NO. 265 12 A RESOLUTION REQUESTING THAT THE MAYOR AUTHORIZE THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TMK 9-2-001:072 IN ITS ENTIRETY, CERTAIN PORTIONS THEREOF, OR A CONSERVATION EASEMENT,AS SITUATED IN KAHUKU, KA`U, KNOWN AS POHUE BAY. 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 Hawai`i County Code 1983 (2005 Edition, as amended); and WHEREAS, section 2-214(c), Hawai`i 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 Hawai`i 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, Hawai`i County Code 1983 (2005 Edition, as amended), provides in part that the Public Access, Open Space, and Natural Resources Preservation Commission (PONC) 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 in December 2006, the Commission awarded the Pohue Bay (Ka`u) Coastal Property, more particularly designated as tax map key parcel 9-2-001:072 and comprised of approximately 16,000 acres, hereinafter the "Property"), its second highest parcel for acquisition purposes; and WHEREAS, PONC members discussed the merits of purchasing the whole parcel, a portions of this large parcel, or the conservation easement(which would buy up the owner's development rights); and WHEREAS, the Hawksbill Sea Turtle is a federally listed endangered species and is the rarest sea turtle in the Pacific Ocean, and the Pohue Bay area is known for the sighting and nesting sites; and WHEREAS, according to the Volcanoes National Park 2010 Hawksbill Sea Turtle Report, Pohue Bay had"nine nests from two returning hawksbills [that] were protected and over 1,300 hatchlings reached the ocean at this important nesting site;" and WHEREAS, feeding sites for the threatened green sea turtle and for the endangered Hawaiian monk seal, rare anchialine ponds that host endemic and native shrimp species and insects, intertidal pool complexes that provide nursery habitat for marine invertebrates and fish, all exist in this area; and WHEREAS, Pohue Bay is the only white sand beach in Ka`u (within a forty mile radius) and has limited public access, and WHEREAS, the purchase of this parcel in the Ka`u region would benefit the island community as well as nearby towns by allowing access to Pohue Bay, which is currently under private ownership, previously planned for resort development, and currently restricted for private use only; and WHEREAS, if the Property is developed by a private party, the future use of this significant natural resource, historical, and cultural area would be subject to construction activities, possibly without input from the residents of Ka`u and the Native Hawaiian community; and WHEREAS, as mentioned in the Commission's 2010 Prioritized Properties list to the Mayor, this Property only needed an authorization resolution for the County acquisition process to begin; and WHEREAS, the acquisition of the Property in its entirety, certain portions thereof, or a conservation easement, 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 in its entirety, certain portions thereof, or a conservation easement, more particularly designated as Tax Map Key 9-2-001:072 and comprised of approximately 16,000 acres, which was awarded the second highest criteria score by the Public Access, Open Space, and Natural Resources Preservation Commission on its prioritized list of qualifying lands worthy of preservation listed in the 2010 Report. 2 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 its entirety, certain portions thereof, or a conservation easement, 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. Dated at Hilo , Hawai`i, this ,3rd day of July , 2012. INTRODUCED BY: CIL ME BER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on July 3, 2012 ATTEST: OUNTY CLERK CHAIRPERSON & PRESIDINI:, O' ER 3 ROLL CALL VOTE Reference: C- 738/FC -228 RESOLUTION NO, 265 12 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 9 0 0 0 Reference: C- 738/FC -228 RESOLUTION NO, 265 12