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HomeMy WebLinkAboutRES 535 Draft 01 2014-2016 .JNtr.os M. • COUNTY OF HAWAII f.4 /'!•- STATE OF HAWAII f M01 ' RESOLUTION NO. 535 16 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEYS (3) 2-9-002:079 AND (3) 2-9-002:081, ALSO KNOWN AS HAKALAU POINT, SITUATED IN THE DISTRICT OF HAMAKUA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. WHEREAS, in 2005, the Public Access, Open Space, and Natural Resources Preservation Fund was established by Ordinance No. 05-85, as codified in Chapter 2, Article 42, of the flawai`i County Code 1983 (2005 Edition, as amended) (hereinafter "the Code"); and WHEREAS, Section 2-214.1(c) of the Code 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 of the Code provides, in part, that the duties and responsibilities of the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter "the Commission") is to develop and submit to the Mayor an island- wide prioritized list of qualifying lands worthy of preservation and to update the list at any time, but at least annually by December 31 of each year; and WHEREAS, Section 2-218(a) of the Code 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, tax map keys (3) 2-9-002:079 (5.117 acres) and (3) 2-9-002:081 (3.597 acres), also known as Hakalau Point, was ranked 3rd on the prioritized list of lands to be considered for acquisition, which was submitted by the Commission in its 2015 Annual Report to the Mayor dated December 28, 2015; and WHEREAS, Hakalau Point, located in the district of Hamakua, is approximately 8.7 acres and is significant to the County of Hawai`i for the following reasons: (1) It is the only plantation site that has not been developed, so property provides venue for cultural and historic events and education; (2) It is the only readily accessible scenic overlook between Wainaku and Laupahoehoe; (3) The protected Hakalau Bay serves as a nursery habitat for most of our coastal marine fish and opihi, and is also a birthing site for the endangered Hawaiian monk seal; (4) It is the site of Kamehameha's landing and battle against the warriors of Maui; (5) Historic mill buildings would be protected, maintained, and restored for educational use; (6) It is one of the rare examples of an estuary on the Big Island; and (7) It is the site of a Korean Cemetery that may still have some human remains; and WHEREAS, the owner of the subject properties wants to develop and/or sell, and he is willing to sell the parcels to the County of Hawai`i; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to Chapter 2, Article 42 of the Hawaii County Code, the Director of Finance is hereby authorized to enter into negotiations for the acquisition of Hakalau Point, situated at tax map keys (3) 2-9-002:079 and (3) 2-9-002:081 in the district of Hamakua, utilizing the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of Hakalau Point in accordance with the terms of this resolution. 2 BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Mayor William P. Kenoi, the Director of Finance, and the Public Access, Open Space, and Natural Resources Preservation Commission. Dated at Kona , Hawai`i, this 15th_day of June , 2016 . INTRODUCED BY: , / / .4-_—_,L4. -.44-a COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by EOFF X the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN County of Hawaii on June 15, 2016 X KANUHA X ONISHI X ATTEST: PALEKA X POINDEXTER X 5):JftLa .-- WILLE X 9 0 0 0-_-_ Reference: C-898/FC-69 COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 535 16 3