2009-12-31 (2009 PONC Annual Report to the Mayor)

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§ 2 -215 HAWAII COUNTY CODE (k) The council shall act to confirm or reject any appointment made to the commission by the mayor within forty -five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty -five days, the appointee shall be deemed to have been confirmed. (1) The redrawing of the council district boundaries during a member's term shall not affect a member's eligibility to represent the district to which the member was appointed. (2005, Ord. No. 05 -166, sec. 2.) Section 2 -216. Oath of affirmation. Before beginning their duties, each member appointed shall subscribe to the oath or affirmation before some person duly qualified to administer oaths: "I, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as a member of the public access, open space, and natural resources preservation commission to the best of my ability." , (2005, Ord. No. 05 -166, sec. 3.) Section 2 -217. Duties and responsibilities of the commission. The duties and responsibilities of this commission are: (1) To develop and submit to the mayor, an initial island -wide prioritized list of qualifying lands worthy of preservation within six months of being confirmed to the commission by the council. Priorities shall be listed on an island -wide rather than district basis. The list shall include the significance of each parcel or entitlement identified, the reason for its priority, and its anticipated use after acquisition; (2) To update this list at any time, but at least annually by December 31 of each year; and (3) To explore methods of funding land acquisition and make recommendations to the mayor. (4) The commission shall give emphasis to land acquisitions where the County's contribution can be leveraged to obtain State, Federal, and/or private funds. (2005, Ord. No. 05 -166, sec. 4.) Section 2 -218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolution, select the land or lands to be preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the County. 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. (b) Negotiations for acquisition of lands to be preserved shall occur between the County and the seller or its commissioned agent, or a licensed broker only. The commission shall have no role in the negotiations other than in its advisory capacity. (c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land shall be permitted uses of this fund. (d) Adequate staff to carry out the provisions of this article and to manage the land acquired shall be provided in the department of finance to maximize the use of available funds by minimizing the payment of commission to outside agents to put together funding plans and to ensure that the County is a good steward of any land that comes under its control through this article. (2005, Ord. No. 05 -166, sec. 5; Am. 2007, Ord. No. 07 -21, sec. 2.) SUPP.4 (7 -2007) 2 -66