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HomeMy WebLinkAboutRES 201 Draft 01 2012-2014 J��rlus.. COUNTY OF HAWAII -.(4\';. /..: STATE OF HAWAII RESOLUTION NO. 201 13 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY NOS. (3) 1-4-002:022 AND 051, VACATIONLAND LAND TRUST IN THE DISTRICT OF PUNA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED). WHEREAS, Chapter 2, Article 42, Hawai`i County Code 1983 (2005 Edition, as amended) (hereinafter "the Code"), established the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter "the Commission"); and WHEREAS, Section 2-214 of the Code established the Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, Section 2-217 of the Code provides, in pertinent part, that the Commission's first duty and responsibility is, "To develop and submit to the mayor, an initial island-wide prioritized list of qualifying lands worthy of preservation..."; and WHEREAS, the Commission forwarded its list to the Mayor on December 28, 2012, establishing the purchase of Vacationland Land Trust as a priority, noting the need for conservation of our coastal lands, recreational opportunities, and protection of the Wai `Opae Tidepools Marine Life Conservation District (MLCD); and WHEREAS, the Commission ranked Vacationland Land Trust property's 322 acres as the seventh priority for purchase, and the Mayor by way of Communication No. 168, dated February 21, 2013, recommended that the Council accept the prioritized list as presented by the Commission; and WHEREAS, the Hawai`i County General Plan, Section 12.5.1.2. (f) and (g), Courses of Action, state: "(f) Develop the Kapoho Tidepools as a marine park. (g) Establish a small scenic park overlooking Kapoho and provide minimum facilities."; and WHEREAS, the Vacationland Land Trust parcels described herein include those areas referenced in the Hawai`i County General Plan; and WHEREAS, the acquisition of this property will help to mitigate environmental concerns in the area that are exacerbated by shoreline development, as referenced in Sections 2.3 and 2.4 of the Puna Community Development Plan; and WHEREAS, the Commission also noted the need to protect the threatened monk seals at the Wai `Opae Tidepools MLCD, which borders this property and noted the burial sites on this property; and WHEREAS, Section 2-218(a) of the Code states, in pertinent part, "Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and lands where matching funding is available to leverage the County contribution."; and WHEREAS, The Vacationland Land Trust property contains rare native lowland forest and is the site of the endemic Hawai`i Amakihi, federally endangered species such as the `Io (Hawaiian Hawk) and the `Ope`ape`a (Hawaiian Hoary Bat), federally threatened `A`o (Newell's Shearwater), and several native water birds such as 'Auku'u (Black-Crowned Night Heron) and `Ua`u Kani (Wedge-tailed Shearwater); and WHEREAS, this property would serve as a protective buffer for the watershed and preserve water quality for the Wai `Opae Tidepools MLCD; and WHEREAS, protecting the Wai `Opae Tidepools MLCD has positive economic benefits as it serves as a fish nursery for the second largest commercial fishery in the State; and WHEREAS, acquisition of the portion of property covered by Tax Map Key Nos. (3) 1- 4-002:022 and 051 will serve to protect access to Puna's coastline, conserve shoreline and marine sanctuaries, and ensure recreational opportunities for residents of Hawai`i and tourists; now, therefore, 2 BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that, pursuant to Section 2-218 of the Hawai`i County Code 1983 (2005 Edition, as amended), the Director of Finance is authorized to enter into negotiations for the acquisition of Vacationland Land Trust in the District of Puna, pursuant to the terms of this resolution. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of Vacationland Land Trust, in accordance with Chapter 2, Article 42, Hawai`i County Code, relating to the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Honorable Mayor William P. Kenoi; Nancy Crawford, Director of the Department of Finance; the Honorable Governor Neil Abercrombie; William Aila, Director of the Department of Land and Natural Resources; the Honorable State Representative Faye Hanohano; and the Honorable State Senator Russell E. Ruderman. Dated at Hilo , Hawai`i, this 18th day of December , 2013. INTRODUCED BY: 0 . M MBER OUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawai`i on December 18 2013 . X KERN X ONISHI X ATTEST: POINDEXTER X WILLS X orNIcist, YOSHIMOTO X 9 0 0 0 C-487/FC-109 COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 201 13 3