REP FC 224 06/18/2012 2010-2012 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON FINANCE DATE: June 18, 2012 Re: Comm. No. 719/Res. 256-12 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 1:38 p.m. Council Chair and Members Hawaii County Council Hilo, Hawai`i 96720 Your Committee on Finance, to which was referred Resolution 256-12, reports as follows: Resolution 256-12, transmitted by Council Member Brenda Ford via Communication No. 719, dated May 16, 2012, is a resolution alerting the Public Access, Open Space and Natural Resources Preservation Commission and authorizing the Director of Finance to enter into negotiations for the acquisition of the Waikaku`u Forest parcels (TMKS: 8-7-008:002, 033, and 034) in the Ahupua'a of Waikaku`u, South Kona, pursuant to Chapter 2, Article 42, Hawaii County Code 1983 (2005 edition, as amended). Chair Brenda Ford relinquished the chairmanship to Vice-Chair Dominic Yagong, and he assumed chairmanship of the Finance Committee. Ms. Ford commented the great urgency to acquire these parcels which are for sale or, at the least, notify the property owners of the Council's interest in acquiring the parcels; notify the Public Access, Open Space, and Natural Resources Preservation Commission that these special lands are under threat of imminent development due to a subdivision designed to be constructed in a manner to destroy a portion of the watershed in an area of critical habitat for indigenous and endangered species of both plants and animals; and impede a possible unmapped Federal Emergency Management Agency (FEMA) floodway in violation of federal laws. Ms. Ford stated according to the Kona Community Development Plan it is imminent threat posed by development that acquisition of these parcels is necessary, and taking steps outside of normal processing be taken due to the urgency. This proposed resolution alerts PONC that these lands are in a crisis and the County will need to purchase it. Normal process would usually consist of: 1) submitting and reviewing applications to acquire lands to the Public Access, Open Space, and Natural Resources Preservation Commission (PONC); 2) PONC creates a list of lands approved for acquisition by December 31; and 3) list of lands is submitted to Mayor, who then submits it to Council for recommendation. Furthermore, letters of support from the community was received to acquire these parcels. Ms. Ford is seeking favorable support of this proposed resolution from Your Committee Members. Some of Your Committee members commented their concerns: 1) taking legal measures to stop the sale until lands go through PONC process, and 2) Council making decisions and diverting from the PONC normal process of selecting lands before being placed on the priority list. It was FC Report No. 224