HomeMy WebLinkAboutREP FC 224 06/18/2012 2010-2012 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
FC-224 Page 2 June 18, 2012
commented by other Committee Members: 1) that they should not give up their authority as final
decision makers on policy making; 2) urgency of this matter and previous acquisition of PONC
fund was use for ocean front properties; 3) start acquiring more mauka parcels with watershed
and natural resources such as these properties; and 4) future lands for acquisition by the County
may be brought to the attention by the public such as the Missler's has done. Furthermore,
Ms. Ford presented that the owners may be interested in selling these lands to the County.
Department of Finance Property Manager Ken Van Bergen appeared before Your Committee per
Council Member Brittany Smart's request. He stated that the commission is advisory, and
PONC fund is a source for the Council to use as they choose. It has been history of the
commission and Council to submit resolutions of acquiring properties in the past from the PONC
priority list. This proposed resolution is a first to his knowledge, and Council should not be
prohibited from doing it. Furthermore, in response to Mr. Hoffmann's question regarding the
County's position on this proposed resolution. Mr. Bergen could not speak on behalf of
Planning Department, but added that if this proposed resolution passes, it could be written in the
purchase agreement that before closing occurs PONC would have reviewed request and placed
such properties on priority list. Mr. Hoffmann suggested that an amendment as recommended by
Mr. Bergen be done. As a compromise, Ms. Ford committed to add that language and is
concerned this will set a precedent limiting Council's authority to do it.
Your Committee on Finance is not in accord with the purpose and intent of Resolution 256-12,
and forwards to Council with a negative recommendation.
dkr
AYES NOES A&E EX Respectfully submitted,
BLAS X
FORD x COMMITTEE ON FINANCE
HOFFMANN X
IKEDA X
ONISHI X � .
PILAGO X r1
SMART X -- BRENDA FOR , CHAIR
YAGONG X FC REPORT NO. 224
YOSHIMOTO x ADOPTED: JUL 0 3 2012