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HomeMy WebLinkAboutRES 250 Draft 01 2016-2018 r_rt �,ll J,•• COUNTY OF HAWAII _'- ��_•' STATE OF HAWAII \A:ririP%-/ RESOLUTION NO. 25° 17 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO A RIGHT-OF-ENTRY AGREEMENT WITH CYANOTECH CORPORATION TO ALLOW ACCESS TO THE KEALAKEHE WASTEWATER TREATMENT PLANT FOR THE HABITAT CONSERVATION OF HAWAIIAN STILTS AND HAWAIIAN COOTS. WHEREAS, the County of Hawai`i's Kealakehe Wastewater Treatment Plant ("Kealakehe Plant") is located at 74-5200 Queen Ka`ahumanu Highway, Kealakehe,North Kona, tax map key (3) 7-4-008:058 and 073; and WHEREAS, the Hawaiian stilt (Himantopus mexicanus knudseni) and Hawaiian coot (Fulica alai), which are waterbird species protected by the Federal Endangered Species Act of 1973, have been nesting and foraging at the Kealakehe Plant; and WHEREAS, the State of Hawai`i, Department of Land and Natural Resources, Division of Forestry and Wildlife and the U.S. Department of the Interior, Fish and Wildlife Service require predator control for all landowners who have endangered species residing on their land; and WHEREAS, Cyanotech Corporation ("Cyanotech") is implementing a Habitat Conservation Plan for the Hawaiian stilts and Hawaiian coots, which includes the Kealakehe Plant as a supporting wetland for the waterbirds' recovery; and WHEREAS, Cyanotech has requested entry onto the County's property to access the Kealakehe Plant to perform predator control on the site for approximately three (3) years, with completion scheduled for June 30, 2020; and WHEREAS, pursuant to Hawaii County Code, Section 2-111, the Council may, by resolution, authorize the Director of Finance to enter into a Right-of Entry Agreement with Cyanotech; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Hawai`i County Code, Section 2-111, the Director of Finance is hereby authorized to execute, on behalf of the County, the Right-of-Entry Agreement and any related documents with Cyanotech Corporation, allowing Cyanotech Corporation to access the Kealakehe Wastewater Treatment Plant for predator control to conserve the habitat of Hawaiian stilts and Hawaiian coots. BE IT FINALLY RESOLVED that the County Clerk shall transmit copies of this resolution to the Office of the Mayor,the Department of Finance, the Department of Environmental Management, and the Office of the Corporation Counsel. Dated at , Hawai`i, this day of , 20 . INTRODUCED BY: a COUNCIL MEMBER, LINTY OF HAWAII • COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES• NOES ABS EX Hilo, Hawai`i CHUNG . DAVID I hereby certify that the foregoing RESOLUTION was by EOFF the vote indicated to the right hereof adopted by the COUNCIL of the •KANUHA • County of Hawai`i on • LEE LOY O'HARA • ATTEST: POINDEXTER RICHARDS RUGGLES Reference: C-382/EMC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 250 17 2 •